FG Hemisphere Associates [2010] JRC 178C (04 October 2010)

FG Hemisphere Associates [2010] JRC 178C (04 October 2010)

The court's discretion to withhold formal delivery of judgment after circulation of draft should not be exercised merely to facilitate settlement; the public interest in publication of substantial legal issues outweighs the parties' wishes, and the judgment must be handed down and published.

Citation
[2010] JRC 178C
Parties
Applicant: Hemisphere; Respondent: Democratic Republic of Congo (DRC); Respondent: Gecamines; Party Cited: GTL
Jurisdiction
Jersey
Judgment Date
04 October 2010
Procedural Posture
Application to Withhold Formal Delivery of Judgment Pending Settlement / Post Trial, Pre Formal Judgment Delivery
Outcome
Application to withhold formal delivery and publication of judgment denied.
Legal Topics
Draft Judgment Confidentiality, Settlement After Draft Judgment, Court Discretion to Publish Judgment, Public Interest in Publication, Execution Against Assets
Civil Procedure International Arbitration Enforcement of Judgments Draft Judgment Confidentiality Settlement After Draft Judgment Court Discretion to Publish Judgment Public Interest in Publication Execution Against Assets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Hemisphere

Applicant

Democratic Republic of Congo (DRC)

Respondent

Gecamines

Respondent

GTL

Party Cited

Procedural Posture

Application to Withhold Formal Delivery of Judgment Pending Settlement / Post Trial, Pre Formal Judgment Delivery

Legal Issues

  1. 1 Whether the court should withhold formal delivery and publication of its judgment after draft circulation due to ongoing settlement discussions
  2. 2 Whether the parties' wishes to settle outweigh the public interest in publication of the judgment
  3. 3 Whether the court has discretion to withhold judgment after draft circulation

Ratio Decidendi

The court's discretion to withhold formal delivery of judgment after circulation of draft should not be exercised merely to facilitate settlement; the public interest in publication of substantial legal issues outweighs the parties' wishes, and the judgment must be handed down and published.

Court Disposition

Application to withhold formal delivery and publication of judgment denied.

Orders

  • Judgment to be handed down formally and published in the usual way.