Jersey Judgment

Mayo v Cantrade [1997] JLR 304 (01 December 1997)

Judicial Process Recusal Apparent Bias Judicial Impartiality

Citation: [1997] JLR 304
Status: Judgment
Jurisdiction: Jersey
Posture: Recusation / Judgment

More details

Posture: Recusation / Judgment

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Professional case brief

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Source document

Holding and result

The court held that the mere fact that the Bailiff or Deputy Bailiff hears a case involving the States or other Government body does not, by itself, constitute apparent bias or a conflict of interest between judicial and legislative/executive functions.

Court disposition

application for recusation dismissed

Material facts

Parties

Mayo

Applicant

Cantrade

Respondent

Procedural history

Posture

Recusation / Judgment

Questions and positions

Legal issues

Whether the Bailiff or Deputy Bailiff may hear a case in which the States or other Government body is interested and whether this constitutes a conflict between judicial and legislative/executive functions

Party arguments

Applicant: The applicant argued that the Bailiff or Deputy Bailiff should be recused from hearing the case due to apparent bias arising from the States or other Government body being interested in the matter, suggesting a conflict between judicial and legislative/executive functions.
Respondent: The respondent argued that there is not necessarily a conflict between judicial and legislative/executive functions when the Bailiff or Deputy Bailiff hears such a case, and that apparent bias does not automatically arise in these circumstances.

Court’s reasoning

Legal principles

01
[1997] JLR 304

A Bailiff or Deputy Bailiff may hear a case in which the States or other Government body is interested; this does not necessarily create a conflict between judicial and legislative/executive functions or apparent bias.

Ratio, limits and disposition

Ratio decidendi

The court held that the mere fact that the Bailiff or Deputy Bailiff hears a case involving the States or other Government body does not, by itself, constitute apparent bias or a conflict of interest between judicial and legislative/executive functions.

Court disposition

application for recusation dismissed

Source and reliance status

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Judgment text

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Court record

Judgment

[1997] JLR 304

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