Cole -v- States of Jersey Police [2005] JCA 157 (09 November 2005)

Cole -v- States of Jersey Police [2005] JCA 157 (09 November 2005)

Leave to appeal is granted and the appeal allowed because the Royal Court misdirected itself as to the law regarding breach of confidence and misuse of private information, failed to properly consider the requirement of consent and public interest, and struck out the claim in circumstances that could result in injustice. The Order of Justice should not be struck out except for inadmissible paragraphs, and amendments should be permitted to clarify damages.

Citation
[2005] JCA 157
Parties
Plaintiff/appellant: Harry Royston Cole; Defendant/respondent: The Chief Officer of The States of Jersey Police
Jurisdiction
Jersey
Judgment Date
09 November 2005
Procedural Posture
Application for Leave to Appeal / Court of Appeal, Post Royal Court Judgment
Outcome
Leave to appeal granted; appeal allowed in part
Legal Topics
Breach of Confidence, Misuse of Private Information, Data Protection, Human Rights, Leave to Appeal, Amendment of Pleadings
Civil Procedure Privacy Law Employment Law Breach of Confidence Misuse of Private Information Data Protection Human Rights Leave to Appeal +1 more

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Parties

Harry Royston Cole

Plaintiff/appellant

The Chief Officer of The States of Jersey Police

Defendant/respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal, Post Royal Court Judgment

Legal Issues

  1. 1 Whether the Royal Court erred in striking out the amended Order of Justice
  2. 2 Whether a claim for breach of confidence or misuse of private information is sustainable under Jersey law
  3. 3 Whether express consent is required for police disclosure of confidential information

Ratio Decidendi

Leave to appeal is granted and the appeal allowed because the Royal Court misdirected itself as to the law regarding breach of confidence and misuse of private information, failed to properly consider the requirement of consent and public interest, and struck out the claim in circumstances that could result in injustice. The Order of Justice should not be struck out except for inadmissible paragraphs, and amendments should be permitted to clarify damages.

Court Disposition

Leave to appeal granted; appeal allowed in part

Orders

  • Time extended for application for leave to appeal
  • Order of Justice not struck out except paragraphs 10, 11, 13, and 14