In re Clarke v [1989] JLR_Note 9b (05 June 1989)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Application / Judgment
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Professional case brief
Research organized from the available case record
01
Holding and result
A constable holding a directorship in a company with licensed premises in the parish is in a position of conflict of interest and should not continue in both roles.
Court disposition
application dismissed
Orders
- The constable must relinquish the directorship or the office to avoid conflict of interest.
02
Material facts
Parties
Clarke
Applicant03
Procedural history
Posture
Application / Judgment
04
Questions and positions
Legal issues
Whether a constable may hold directorship of a company with licensed premises in the parish
Party arguments
- Applicant
- The applicant contends that holding a directorship in a company with licensed premises does not constitute a conflict of interest with the duties of a constable.
- Respondent
- The respondent argues that such a directorship creates a conflict of interest with the constable's official responsibilities.
05
Court’s reasoning
Legal principles
- 01
common law conflict of interest doctrine
A public official must avoid situations where personal interests conflict with official duties.
06
Ratio, limits and disposition
Ratio decidendi
A constable holding a directorship in a company with licensed premises in the parish is in a position of conflict of interest and should not continue in both roles.
Court disposition
application dismissed
- The constable must relinquish the directorship or the office to avoid conflict of interest.
Source and reliance status
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Judgment text
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Court record
Judgment
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