BNP Paribas Jersey Trust Corporation Ltd v C. de Bourbon des deux Siciles [2021] JRC 253 (18 October 2021)

BNP Paribas Jersey Trust Corporation Ltd v C. de Bourbon des deux Siciles [2021] JRC 253 (18 October 2021)

The applications for recusal and for a bank guarantee were dismissed because the established legal test for apparent bias was not met, there was no authority or necessity for the Court to issue or order a bank guarantee, and it would be inappropriate for the Court to assist a judgment debtor in avoiding legitimate...

Source-derived case information.

Citation
[2021] JRC 253
Parties
Respondent: Camilla de Bourbon des Deux Siciles; Representor: BNP Paribas Jersey Trust Corporation
Jurisdiction
Jersey
Judgment Date
18 October 2021
Procedural Posture
Application (summons) in Contempt Proceedings / Post Judgment, Enforcement and Ancillary Applications
Outcome
All three summonses dismissed.
Legal Topics
Recusal of Judge, Article 6 ECHR Right to Fair Trial, Bank Guarantee, Enforcement of Fines, Apparent Bias, Inherent Jurisdiction
Civil Procedure Human Rights Contempt of Court Recusal of Judge Article 6 ECHR Right to Fair Trial Bank Guarantee Enforcement of Fines Apparent Bias +1 more

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Parties

Camilla de Bourbon des Deux Siciles

Respondent

BNP Paribas Jersey Trust Corporation

Representor

Procedural Posture

Application (summons) in Contempt Proceedings / Post Judgment, Enforcement and Ancillary Applications

Legal Issues

  1. 1 Whether the Commissioner should recuse himself for apparent bias under Article 6 ECHR
  2. 2 Whether the Court can issue or order a bank guarantee as a condition for payment of a fine
  3. 3 Whether the Court should assist a judgment debtor to avoid legitimate creditor claims

Ratio Decidendi

The applications for recusal and for a bank guarantee were dismissed because the established legal test for apparent bias was not met, there was no authority or necessity for the Court to issue or order a bank guarantee, and it would be inappropriate for the Court to assist a judgment debtor in avoiding legitimate creditor claims.

Court Disposition

All three summonses dismissed.

Orders

  • Applications for recusal and for a bank guarantee are refused.
  • No declarations made under Article 6 ECHR.