Jersey Judgment

Burt v States [1994] JLR 245 (14 July 1994)

Constitutional Law Privilege of States Admissibility of Evidence States of Jersey Law 1966

Citation: [1994] JLR 245
Status: Judgment
Jurisdiction: Jersey
Posture: Constitutional Law / Judgment

More details

Posture: Constitutional Law / Judgment

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Professional case brief

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Source document

Holding and result

Evidence from States proceedings is admissible if formal proof is not required by the other party, as it does not then constitute evidence of a witness falling within the statutory prohibition.

Court disposition

evidence admissible

Material facts

Parties

Burt

Applicant

States

Respondent

Procedural history

Posture

Constitutional Law / Judgment

Questions and positions

Legal issues

Whether the States of Jersey Law 1966, art. 47 creates an absolute bar to the use of evidence from States proceedings without leave

Party arguments

Applicant: The applicant contended that evidence from States proceedings should be admissible if formal proof is not required by the other party, as it would not constitute evidence from a prohibited witness.
Respondent: The respondent argued that the States of Jersey Law 1966, art. 47 prohibits any use of such evidence without leave of the States.

Court’s reasoning

Legal principles

01
States of Jersey Law 1966, art. 47

No absolute bar exists to the use of evidence from States proceedings under art. 47 if formal proof is not required by the other party.

Ratio, limits and disposition

Ratio decidendi

Evidence from States proceedings is admissible if formal proof is not required by the other party, as it does not then constitute evidence of a witness falling within the statutory prohibition.

Court disposition

evidence admissible

Source and reliance status

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Source document

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Judgment text

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Court record

Judgment

[1994] JLR 245

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BAILII >> Databases >> Jersey Law Reports >> Burt v States [1994] JLR 245 (14 July 1994) URL: https://www.bailii.org/je/cases/JLR/1994/JLR940245.html Cite as: [1994] JLR 245 [ New search ] [ Help ] Burt v States 1994 JLR 245 (14 July 1994) Constitutional Law - States of Jersey - privilege of States - although by States of Jersey Law 1966, art. 47 no member or officer of States or person employed to take minutes before States or Committee may give evidence of proceedings without leave, no absolute bar to use of evidence and use by other persons allowed-evidence admissible if formal proof not required by other party, since not then evidence of any witness falling within prohibition The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1994 JLR 245 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1994/JLR940245.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

States of Jersey Law 1966, art. 47

Legislation

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