In re Lampaert v [1990] JLR 290 (08 October 1990)
- Citation
- [1990] JLR 290
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Procedure / Costs Application Following Assistance to Foreign Court
More details
- Posture
- Criminal Procedure / Costs Application Following Assistance to Foreign Court
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that assistance to a foreign court under the 1983 Order is a criminal or quasi-criminal matter, but costs cannot be awarded under the 1961 Law unless the court has also conducted a trial.
Court disposition
application for costs refused
Orders
- No order as to costs
02
Material facts
Parties
Lampaert
Applicant03
Procedural history
Posture
Criminal Procedure / Costs Application Following Assistance to Foreign Court
04
Questions and positions
Legal issues
- 01
Whether assistance to a foreign court under the Evidence (Proceedings in Other Jurisdictions) (Jersey) Order, 1983 is a criminal or quasi-criminal matter
- 02
Whether costs can be awarded under the Costs in Criminal Cases (Jersey) Law, 1961 when the court has not conducted a trial
Party arguments
- Applicant
- Applicant sought costs following assistance to a foreign court under the 1983 Order, arguing such assistance entitles them to costs under the 1961 Law.
- Respondent
- Respondent argued that costs are not available under the 1961 Law unless the court has also conducted a trial.
05
Court’s reasoning
Legal principles
- 01
Evidence (Proceedings in Other Jurisdictions) (Jersey) Order, 1983
Assistance to a foreign court under the 1983 Order is a criminal or quasi-criminal matter.
- 02
Costs in Criminal Cases (Jersey) Law, 1961
No costs are available under the Costs in Criminal Cases (Jersey) Law, 1961 unless the court has also conducted a trial.
06
Ratio, limits and disposition
Ratio decidendi
The court held that assistance to a foreign court under the 1983 Order is a criminal or quasi-criminal matter, but costs cannot be awarded under the 1961 Law unless the court has also conducted a trial.
Court disposition
application for costs refused
- No order as to costs
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re Lampaert v [1990] JLR 290 (08 October 1990) URL: https://www.bailii.org/je/cases/JLR/1990/JLR900290.html Cite as: [1990] JLR 290 [ New search ] [ Help ] In re Lampaert v 1990 JLR 290 (08 October 1990) Criminal Procedure - costs - assistance to foreign court - assistance to foreign court under Evidence (Proceedings in Other Jurisdictions) (Jersey) Order, 1983 is criminal or quasi-criminal matter-no costs under Costs in Criminal Cases (Jersey) Law, 1961 unless court also conducted trial The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1990 JLR 290 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1990/JLR900290.html
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