Jersey Judgment

G v A [2000] JLR 56 (28 February 2000)

Civil Procedure In Camera Proceedings Privacy Orders

Citation: [2000] JLR 56
Status: Judgment
Jurisdiction: Jersey
Posture: Civil Procedure / Hearing

More details

Posture: Civil Procedure / Hearing

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Professional case brief

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Source document

Holding and result

An order for in camera proceedings is justified only if public proceedings may exacerbate the applicant's mental condition and privacy is the only just solution, with the burden of proof on the party seeking the order.

Court disposition

Order for in camera proceedings granted

Orders

Proceedings to be held in camera

Material facts

Parties

Applicant

Respondent

Procedural history

Posture

Civil Procedure / Hearing

Questions and positions

Legal issues

01
Whether an order for in camera proceedings should be granted
02
What is the burden of proof for privacy orders in civil hearings

Party arguments

Applicant: Applicant seeks in camera proceedings, arguing public hearings may exacerbate mental condition and privacy is necessary.
Respondent: Respondent opposes, contending that privacy is not justified except in exceptional circumstances.

Court’s reasoning

Legal principles

01
[2000] JLR 56

Order for in camera proceedings only granted in exceptional circumstances; burden on party seeking order to prove privacy is only just solution.

Ratio, limits and disposition

Ratio decidendi

An order for in camera proceedings is justified only if public proceedings may exacerbate the applicant's mental condition and privacy is the only just solution, with the burden of proof on the party seeking the order.

Court disposition

Order for in camera proceedings granted

Proceedings to be held in camera

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Source document

Court record

Judgment

[2000] JLR 56

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[2000] JLR 56

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