In re Lampaert v [1990] JLR 290 (08 October 1990)

In re Lampaert v [1990] JLR 290 (08 October 1990)

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.

Citation
[1990] JLR 290
Parties
Applicant: Lampaert
Jurisdiction
Jersey
Judgment Date
08 October 1990
Procedural Posture
Criminal Procedure / Costs Application Following Assistance to Foreign Court
Outcome
application for costs refused
Legal Topics
Costs, Assistance to Foreign Court, Evidence Proceedings
Criminal Law International Cooperation Costs Assistance to Foreign Court Evidence Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Lampaert

Applicant

Procedural Posture

Criminal Procedure / Costs Application Following Assistance to Foreign Court

Legal Issues

  1. 1 Whether assistance to a foreign court under the Evidence (Proceedings in Other Jurisdictions) (Jersey) Order, 1983 is a criminal or quasi-criminal matter
  2. 2 Whether costs can be awarded under the Costs in Criminal Cases (Jersey) Law, 1961 when the court has not conducted a trial

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

Orders

  • No order as to costs