Jersey Judgment

Bower v P.E.C. [1997] JLR 266 (14 October 1997)

Administrative Law Committees of States Appeals Discovery

Citation: [1997] JLR 266
Status: Judgment
Jurisdiction: Jersey
Posture: Appeal / Discovery

More details

Posture: Appeal / Discovery

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Professional case brief

Research organized from the available case record

Source document

Holding and result

General mutual discovery is inappropriate in appeals against Committee decisions; discovery must be limited to issues necessary for fairly disposing of the appeal or saving costs.

Court disposition

Discovery limited

Orders

Discovery restricted to issues necessary for fairly disposing of the appeal or saving costs

Material facts

Parties

Bower

Applicant

P. E. C.

Respondent

Procedural history

Posture

Appeal / Discovery

Questions and positions

Legal issues

01
Whether general mutual discovery is appropriate in appeals against Committee decisions
02
Scope of discovery in appeals against Committee decisions

Party arguments

Applicant: Applicant sought general mutual discovery in the appeal against the Committee's decision.
Respondent: Respondent opposed general mutual discovery, arguing discovery should be limited to issues necessary for disposing of the appeal or saving costs.

Court’s reasoning

Legal principles

01
[1997] JLR 266

Discovery in appeals against Committee decisions should be limited to issues necessary for fairly disposing of the appeal or saving costs.

Ratio, limits and disposition

Ratio decidendi

General mutual discovery is inappropriate in appeals against Committee decisions; discovery must be limited to issues necessary for fairly disposing of the appeal or saving costs.

Court disposition

Discovery limited

Discovery restricted to issues necessary for fairly disposing of the appeal or saving costs

Source and reliance status

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Source document

Court record

Judgment

[1997] JLR 266

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[1997] JLR 266

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