Trant v AG and Others [2007] JCA 073 (22 March 2007)

Trant v AG and Others [2007] JCA 073 (22 March 2007)

The appellants failed to provide any evidence to rebut the Attorney General's evidence that they were not misled into providing statements; the challenge to the summonses falls away as the Attorney General was entitled to seek evidence; any claim to privilege against self-incrimination must be raised before the trial judge at the time evidence is sought, not pre-emptively in civil proceedings. The entirety of the amended Order of Justice is struck out.

Citation
[2007] JCA 073
Parties
First Appellant: Patrick Trant; Second Appellant: Timothy Trant; Third Appellant: Simon Trant; First Respondent: HM Attorney General; Second Respondent: Peter Wilson Michel; Third Respondent: Simone Anne Gallichan (née Rabet)
Jurisdiction
Jersey
Judgment Date
22 March 2007
Procedural Posture
Civil Appeal / Application for Leave to Appeal and Cross Appeal From Royal Court (samedi Division) Judgment Striking Out Parts of the Order of Justice
Outcome
Appellants' application for leave to appeal dismissed; Attorney General's cross-appeal allowed; entirety of the amended Order of Justice struck out.
Legal Topics
Privilege Against Self Incrimination, Misuse of Confidential Information, Abuse of Process, Judicial Review, Disclosure of Evidence, Jurisdiction, Strike Out Applications
Criminal Law Civil Procedure Human Rights Privilege Against Self Incrimination Misuse of Confidential Information Abuse of Process Judicial Review Disclosure of Evidence +2 more

Case Brief

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Parties

Patrick Trant

First Appellant

Timothy Trant

Second Appellant

Simon Trant

Third Appellant

HM Attorney General

First Respondent

Peter Wilson Michel

Second Respondent

Simone Anne Gallichan (née Rabet)

Third Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal and Cross Appeal From Royal Court (samedi Division) Judgment Striking Out Parts of the Order of Justice

Legal Issues

  1. 1 Whether the Attorney General misled the appellants into providing statements under compulsion
  2. 2 Whether the Attorney General wrongfully procured summonses for evidence when appellants could give none
  3. 3 Whether the appellants can assert privilege against self-incrimination pre-emptively in civil proceedings

Ratio Decidendi

The appellants failed to provide any evidence to rebut the Attorney General's evidence that they were not misled into providing statements; the challenge to the summonses falls away as the Attorney General was entitled to seek evidence; any claim to privilege against self-incrimination must be raised before the trial judge at the time evidence is sought, not pre-emptively in civil proceedings. The entirety of the amended Order of Justice is struck out.

Court Disposition

Appellants' application for leave to appeal dismissed; Attorney General's cross-appeal allowed; entirety of the amended Order of Justice struck out.

Orders

  • Leave to appeal refused to appellants.
  • Attorney General's cross-appeal granted.