Guernsey Judgment 6/2005 - Pirito v Curth

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Application for leave to appeal to Judicial Committee of the Privy Council (see Judgment 23/2003) - severance of joint interests in real property - appeals from the Court of Alderney to the Royal Court and from the Royal Court to the Court of Appeal had been dismissed - eviction and saisi proceedings - no time limit in the Court of Appeal (Guernsey) Law 1961 or elsewhere for seeking leave to appeal to the Judicial Committee - held that Court of Appeal has residual inherent power to refuse leave to appeal where pursuit of an appeal would involve serious abuse of process - leave refused - need for review of the provisions governing appeals to the Judicial Committee from the Court of Appeal.