Booth v Viscount of the Royal Court of Jersey: [2025] JCA 126

The appellant, Alan Paul Booth (Mr Booth), had his property declared en désastre in 2015, and he was discharged from bankruptcy in 2020.  In 2022, Mr Booth sought the assignment of a claim against Reynolds Chartered Surveyors for alleged negligence in a property valuation. The Viscount refused, leading Mr Booth to challenge this decision in the Royal Court.

Facts:

Mr Booth’s property was declared en désastre in 2015, vesting his property in the Viscount.  Mr Booth was discharged from bankruptcy in 2020.  In 2022, Mr Booth requested the assignment of a claim against Reynolds Chartered Surveyors for a 2013 property valuation.  The Viscount refused, citing the claim’s lack of merit and the potential for frivolous litigation.

The legal issues the Court of Appeal had to grapple were:

• Whether the Viscount had the power to refuse to assign the claim after Booth’s discharge.
• Whether the Viscount’s decision was reasonable and lawful.
• Whether the refusal breached Booth’s human rights.

Court Findings:

The court held that the Viscount retained the power to refuse to assign the claim, even after Mr Booth’s discharge.  The Viscount’s decision was found to be reasonable and lawful, considering the claim’s lack of merit.  The court rejected Booth’s arguments of collusion and bias, finding no evidence to support these claims.

The court dismissed Mr Booth’s appeal, upholding the Viscount’s decision not to assign the claim. The court emphasised the Viscount’s duty to consider the merits of claims and the public interest in preventing frivolous litigation.