Jersey Judgment

In re Pearce v [1987] JLR 109 (12 June 1987)

Administrative Law Removal From Office Natural Justice Disciplinary Proceedings

Citation: [1987] JLR 109
Status: Judgment
Jurisdiction: Jersey
Posture: Judicial Review / Judgment

More details

Posture: Judicial Review / Judgment

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Professional case brief

Research organized from the available case record

Source document

Holding and result

A centenier cannot be dismissed for misconduct unless all rules of natural justice are observed, specifically notice of charges, an unbiased hearing, and an opportunity to be heard.

Court disposition

removal from office quashed

Orders

Dismissal of centenier set aside due to breach of natural justice

Material facts

Parties

Pearce

Applicant

Unknown (State/Police/Parish)

Respondent

Procedural history

Posture

Judicial Review / Judgment

Questions and positions

Legal issues

Whether dismissal of a centenier for misconduct requires observance of all rules of natural justice

Party arguments

Applicant: Dismissal was improper due to failure to observe rules of natural justice, including notice of charges, unbiased hearing, and opportunity to be heard.
Respondent: Dismissal was proper and procedures followed were sufficient.

Court’s reasoning

Legal principles

01
[1987] JLR 109

Dismissal of a centenier for misconduct requires observance of all rules of natural justice, including notice of charges, unbiased hearing, and opportunity to be heard.

Ratio, limits and disposition

Ratio decidendi

A centenier cannot be dismissed for misconduct unless all rules of natural justice are observed, specifically notice of charges, an unbiased hearing, and an opportunity to be heard.

Court disposition

removal from office quashed

Dismissal of centenier set aside due to breach of natural justice

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1987] JLR 109

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