Jersey Judgment

Jersey Fin. Servs. Commn. v. W [2015] 1 JLR 412 (08 May 2015)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

No real risk of serious prejudice was established by the respondent, and the public interest in the expeditious determination of the appeal outweighs the request for a stay.

Court disposition

application for temporary stay refused

Orders

  • No temporary stay of appeal granted.

02

Material facts

Parties

Jersey Financial Services Commission

Applicant

W

Respondent

03

Procedural history

  1. Posture

    Appeal / Interlocutory

04

Questions and positions

Legal issues

Whether a temporary stay of an appeal against the Commission's decision to make a public statement should be granted pending a criminal investigation into the same matter.

Party arguments

Applicant
There is a strong public interest in the expeditious determination of the appeal and no real risk of serious prejudice has been established by the respondent.
Respondent
A temporary stay should be granted to prevent prejudice to the respondent due to an ongoing criminal investigation into the same matter.

05

Court’s reasoning

  1. 01

    Jersey case law and general principles of procedural fairness

    A stay of proceedings will only be granted if there is a real risk of serious prejudice to the applicant that cannot be addressed by other means.

06

Ratio, limits and disposition

Ratio decidendi

No real risk of serious prejudice was established by the respondent, and the public interest in the expeditious determination of the appeal outweighs the request for a stay.

Court disposition

application for temporary stay refused

  • No temporary stay of appeal granted.

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2015] 1 JLR 412

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BAILII >> Databases >> Jersey Law Reports >> Jersey Fin. Servs. Commn. v. W [2015] 1 JLR 412 (08 May 2015) URL: https://www.bailii.org/je/cases/JLR/2015/JLR151412.html Cite as: [2015] 1 JLR 412 [ New search ] [ Help ] Jersey Fin. Servs. Commn. v. W 2015 (1) JLR 412 (08 May 2015) Financial Services-Jersey Financial Services Commission-public statements-no temporary stay of appeal against Commission's decision to make public statement pending criminal investigation into same matter-no real risk of serious prejudice established-strong public interest in expeditious determination of appeal 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: 2015 (1) JLR 412 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2015/JLR151412.html

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