In re Cotter v [1997] JLR 12 (16 January 1997)

In re Cotter v [1997] JLR 12 (16 January 1997)

The Viscount is obliged to summon a jury for an inquest if it considers it in the public interest, despite the statute using the word 'may'.

Citation
[1997] JLR 12
Parties
Applicant: Cotter; Respondent: Viscount
Jurisdiction
Jersey
Judgment Date
16 January 1997
Procedural Posture
Inquest / Ruling
Outcome
clarification of statutory obligation
Legal Topics
Inquests, Jury Summons, Public Interest
Public Law Inquests Jury Summons Public Interest

Case Brief

Summary, issues, holding and outcome

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Parties

Cotter

Applicant

Viscount

Respondent

Procedural Posture

Inquest / Ruling

Legal Issues

  1. 1 Whether the Viscount is obliged to summon a jury for an inquest under Inquests and Post-mortem Examinations (Jersey) Law 1995, art. 7(1), when it considers it in the public interest

Ratio Decidendi

The Viscount is obliged to summon a jury for an inquest if it considers it in the public interest, despite the statute using the word 'may'.

Court Disposition

clarification of statutory obligation

Orders

  • The Viscount must summon a jury for an inquest when it considers it in the public interest.