G v Minister for Children and Education and Anor - 5-May-2021 [2021] JRC 132 (05 May 2021)

G v Minister for Children and Education and Anor - 5-May-2021 [2021] JRC 132 (05 May 2021)

The court held that some form of draft policy regarding Article 17 consent exists and is relevant to the central issue of the proceedings. The draft policy and related communications authored by Ms Prescott are discoverable, but the plaintiff's wider request for all documents and communications relating to Article 17 consent is too broad and would be oppressive. The court ordered limited specific discovery and required clarification of electronic discovery processes. Permission was granted for both parties to adduce expert evidence on best practice for obtaining parental consent.

Citation
[2021] JRC 132
Parties
Plaintiff: First Plaintiff; Plaintiff: Second Plaintiff; Plaintiff: Third Plaintiff; Plaintiff: Fourth Plaintiff; Plaintiff: Fifth Plaintiff; Plaintiff: Sixth Plaintiff; Defendant: First Defendant; Defendant: Second Defendant
Jurisdiction
Jersey
Judgment Date
05 May 2021
Procedural Posture
Civil / Interlocutory Application for Specific Discovery
Outcome
Application for specific discovery granted in part
Legal Topics
Specific Discovery, Consent Under Child Protection Law, Disclosure Obligations, Expert Evidence, Best Practice in Obtaining Parental Consent
Family Law Civil Procedure Human Rights Specific Discovery Consent Under Child Protection Law Disclosure Obligations Expert Evidence Best Practice in Obtaining Parental Consent

Case Brief

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Parties

First Plaintiff

Plaintiff

Second Plaintiff

Plaintiff

Third Plaintiff

Plaintiff

Fourth Plaintiff

Plaintiff

Fifth Plaintiff

Plaintiff

Sixth Plaintiff

Plaintiff

First Defendant

Defendant

Second Defendant

Defendant

Procedural Posture

Civil / Interlocutory Application for Specific Discovery

Legal Issues

  1. 1 Whether draft policy documents and related communications regarding Article 17 consent under the Children (Jersey) Law 2002 are discoverable
  2. 2 Whether the scope of discovery sought by the plaintiff is proportionate and relevant
  3. 3 Whether expert evidence on best practice for obtaining parental consent is appropriate

Ratio Decidendi

The court held that some form of draft policy regarding Article 17 consent exists and is relevant to the central issue of the proceedings. The draft policy and related communications authored by Ms Prescott are discoverable, but the plaintiff's wider request for all documents and communications relating to Article 17 consent is too broad and would be oppressive. The court ordered limited specific discovery and required clarification of electronic discovery processes. Permission was granted for both parties to adduce expert evidence on best practice for obtaining parental consent.

Court Disposition

Application for specific discovery granted in part

Orders

  • First defendant to produce the draft policy documents and related communications authored by Ms Prescott regarding Article 17 consent, as identified in her affidavit.
  • First defendant to search Ms Prescott's files and email account for communications referring to the need for a policy in respect of Article 17 due to the plaintiffs' proceedings or events in November 2018.