Jersey Evening Post Ltd. v Al Thani [2002] JLR 542 (02 December 2002)

Jersey Evening Post Ltd. v Al Thani [2002] JLR 542 (02 December 2002)

The court held that non-adversarial trust matters may be heard in private and publication of judgments may be restricted if privacy interests outweigh the need for open justice, and that this approach is compatible with ECHR Article 6(1).

Citation
[2002] JLR 542
Parties
Applicant: Jersey Evening Post Ltd.; Respondent: Al Thani
Jurisdiction
Jersey
Judgment Date
02 December 2002
Procedural Posture
Application for Directions (trusts) / Judgment
Outcome
Application for directions granted; non-adversarial matter to be heard in private with publication restrictions.
Legal Topics
Trustee Powers and Duties, Privacy in Court Proceedings, Open Justice, Confidentiality of Private Trusts, European Convention on Human Rights Article 6(1)
Trusts Civil Procedure Human Rights Trustee Powers and Duties Privacy in Court Proceedings Open Justice Confidentiality of Private Trusts European Convention on Human Rights Article 6(1)

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Parties

Jersey Evening Post Ltd.

Applicant

Al Thani

Respondent

Procedural Posture

Application for Directions (trusts) / Judgment

Legal Issues

  1. 1 Whether non-adversarial trust matters should be heard in private
  2. 2 Whether publication of judgment and media coverage may be banned
  3. 3 Whether confidentiality of private trusts should be upheld in Jersey

Ratio Decidendi

The court held that non-adversarial trust matters may be heard in private and publication of judgments may be restricted if privacy interests outweigh the need for open justice, and that this approach is compatible with ECHR Article 6(1).

Court Disposition

Application for directions granted; non-adversarial matter to be heard in private with publication restrictions.

Orders

  • Non-adversarial trust matter to be heard in private.
  • Ban on publication of judgment and media coverage imposed.