Mr A v V Trustees Limited (formerly G Trustees Limited) and Ors 15-Feb-2021 [2021] JCA 042 (15 February 2021)

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

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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

  1. 1 Whether the appellant committed contempt by transmitting private hearing transcripts without judicial permission
  2. 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.