Mr A v V Trustees Limited (formerly G Trustees Limited) and Ors 15-Feb-2021 [2021] JCA 042 (15 February 2021)
The appellant's transmission of private hearing transcripts constituted manifest contempt, as he was aware of the prohibition and acted in defiance of court orders. The objective test for contempt was satisfied regardless of intent.
- Citation
- [2021] JCA 042
- Parties
- Appellant: Mr A; First Respondent: V Trustees Limited (formerly G Trustees Limited); Second Respondent: Mrs C; Third Respondent: Mr D
- Jurisdiction
- Jersey
- Judgment Date
- 15 February 2021
- Procedural Posture
- Appeal / Interlocutory Contempt Hearing Prior to Appeal
- Outcome
- Unless order pronounced; appellant must pay court fees for appeal by deadline or appeal will be struck out.
- Legal Topics
- Breach of Court Order, Sanctions for Contempt, Private Hearings, Costs Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Mr A
Appellant
V Trustees Limited (formerly G Trustees Limited)
First Respondent
Mrs C
Second Respondent
Mr D
Third Respondent
Procedural Posture
Appeal / Interlocutory Contempt Hearing Prior to Appeal
Legal Issues
- 1 Whether the appellant committed contempt by transmitting private hearing transcripts without judicial permission
- 2 Appropriate sanction for contempt
Ratio Decidendi
The appellant's transmission of private hearing transcripts constituted manifest contempt, as he was aware of the prohibition and acted in defiance of court orders. The objective test for contempt was satisfied regardless of intent.
Court Disposition
Unless order pronounced; appellant must pay court fees for appeal by deadline or appeal will be struck out.
Orders
- Appellant to pay court fees for appeal by close of business on 5 March 2021, failing which appeal will be struck out.
- Liberty to apply for relief from fees if genuinely unable to pay, supported by affidavit and evidence.
Full Case Text
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