Connor v AG [2018] JRC 206 (12 November 2018)
The Magistrate erred by making a compensation order based solely on an unsigned, undated form with no supporting evidence, resulting in a risk of overcompensation. The absence of challenge by defence did not relieve the Magistrate of the duty to ensure the amount was properly evidenced. The order was set aside and the matter remitted for proper assessment.
- Citation
- [2018] JRC 206
- Parties
- Appellant: Appellant (Mr Connor); Respondent: Attorney General (Crown)
- Jurisdiction
- Jersey
- Judgment Date
- 12 November 2018
- Procedural Posture
- Appeal by Way of Case Stated / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Compensation Orders, Magistrate's Court Procedure, Appeals, Assessment of Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant (Mr Connor)
Appellant
Attorney General (Crown)
Respondent
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Legal Issues
- 1 Whether the Magistrate erred in law or exceeded jurisdiction by making a compensation order without sufficient evidence or supporting documentation for the amount claimed
Ratio Decidendi
The Magistrate erred by making a compensation order based solely on an unsigned, undated form with no supporting evidence, resulting in a risk of overcompensation. The absence of challenge by defence did not relieve the Magistrate of the duty to ensure the amount was properly evidenced. The order was set aside and the matter remitted for proper assessment.
Court Disposition
appeal allowed
Orders
- compensation order of £710 set aside
- matter remitted to Magistrate's Court for reassessment of compensation for belongings
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