Camilla de Bourbon des Deux Siciles v Zedra Jersey Trust Corporation Limited [2022] JRC 211 (12 October 2022)

Camilla de Bourbon des Deux Siciles v Zedra Jersey Trust Corporation Limited [2022] JRC 211 (12 October 2022)

Camilla is in deliberate and continuing contempt of court for non-payment of a fine imposed for contempt. The contempt is closely related to the proceedings she seeks to pursue. There is no other effective remedy, and debarring her from prosecuting her claims until the contempt is purged is proportionate and necessary to uphold the authority of the court. No exceptional circumstances justify a stay of enforcement.

Citation
[2022] JRC 211
Parties
Applicant/claimant: Camilla de Bourbon des Deux Siciles; Respondent/defendant: Zedra Jersey Trust Corporation Limited (formerly BNP Paribas Jersey Trust Corporation Limited)
Jurisdiction
Jersey
Judgment Date
12 October 2022
Procedural Posture
Civil / Interlocutory Applications on Enforcement and Stay Pending Appeal
Outcome
Camilla debarred from prosecuting claims until full payment of fine; application for stay refused.
Legal Topics
Contempt of Court, Enforcement of Court Orders, Access to Justice, Abuse of Process, Stay of Execution, Sanctions for Contempt
Civil Procedure Contempt of Court Trusts Enforcement of Court Orders Access to Justice Abuse of Process Stay of Execution Sanctions for Contempt

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Parties

Camilla de Bourbon des Deux Siciles

Applicant/claimant

Zedra Jersey Trust Corporation Limited (formerly BNP Paribas Jersey Trust Corporation Limited)

Respondent/defendant

Procedural Posture

Civil / Interlocutory Applications on Enforcement and Stay Pending Appeal

Legal Issues

  1. 1 Whether Camilla should be debarred from prosecuting her claims while in contempt of court for non-payment of a fine
  2. 2 Whether a stay should be granted on enforcement of the fine and/or default prison sentence pending further appeals

Ratio Decidendi

Camilla is in deliberate and continuing contempt of court for non-payment of a fine imposed for contempt. The contempt is closely related to the proceedings she seeks to pursue. There is no other effective remedy, and debarring her from prosecuting her claims until the contempt is purged is proportionate and necessary to uphold the authority of the court. No exceptional circumstances justify a stay of enforcement.

Court Disposition

Camilla debarred from prosecuting claims until full payment of fine; application for stay refused.

Orders

  • Camilla is debarred from prosecuting the claims in the Order of Justice until she has paid in full the balance of the £2 million fine imposed for contempt of court.
  • Camilla to pay Zedra's costs of and incidental to the summons on the indemnity basis.