U V and W -v- Jersey Financial Services Commisssion [2015] JRC 044 (24 February 2015)

U V and W -v- Jersey Financial Services Commisssion [2015] JRC 044 (24 February 2015)

The court held that the documents in question were capable of attracting PII, there was a duty to disclose arising from previous orders, and the respondent had properly assessed the public interest. The court was satisfied that real damage would occur if disclosure took place and that the prejudice to the public interest outweighed the general principle of disclosure, especially given the extensive disclosure already provided. The application to withhold parts of documents was granted.

Citation
[2015] JRC 044
Parties
Appellants: U V and W; Respondent: JFSC
Jurisdiction
Jersey
Judgment Date
24 February 2015
Procedural Posture
Regulatory Appeal / Application to Withhold Disclosure on Grounds of Public Interest Immunity
Outcome
Application granted
Legal Topics
Public Interest Immunity, Disclosure, Regulatory Appeals, Fair Trial
Civil Procedure Administrative Law Public Interest Immunity Disclosure Regulatory Appeals Fair Trial

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Parties

U V and W

Appellants

JFSC

Respondent

Procedural Posture

Regulatory Appeal / Application to Withhold Disclosure on Grounds of Public Interest Immunity

Legal Issues

  1. 1 Whether documents should be withheld from disclosure on grounds of public interest immunity in regulatory appeals
  2. 2 What is the proper process and legal test for asserting and determining PII in Jersey civil proceedings

Ratio Decidendi

The court held that the documents in question were capable of attracting PII, there was a duty to disclose arising from previous orders, and the respondent had properly assessed the public interest. The court was satisfied that real damage would occur if disclosure took place and that the prejudice to the public interest outweighed the general principle of disclosure, especially given the extensive disclosure already provided. The application to withhold parts of documents was granted.

Court Disposition

Application granted

Orders

  • Respondent permitted to withhold/redact parts of documents on grounds of public interest immunity