Cole v Jersey Post and States Police [2003] JRC 152 (04 September 2003)

Cole v Jersey Post and States Police [2003] JRC 152 (04 September 2003)

All claims were unsustainable as the disclosure to Jersey Post was lawful under the Data Protection (Jersey) Law 1987, the Rehabilitation of Offenders Act 1974 did not apply in Jersey, the ECHR was not incorporated into Jersey law at the time, and neither Jersey Post nor the Police owed a duty of care to the plaintiff in the employment application process.

Citation
[2003] JRC 152
Parties
Plaintiff: Mr. Cole; First Defendant: Jersey Post; Second Defendant: The Police
Jurisdiction
Jersey
Judgment Date
04 September 2003
Procedural Posture
Civil Appeal / Appeal Against Master's Order Striking Out Claim
Outcome
appeal dismissed
Legal Topics
Data Disclosure, Spent Convictions, Duty of Care, Statutory Interpretation, Private Law Remedies, Negligence, Application of UK Law in Jersey
Data Protection Employment Law Human Rights Tort Law Data Disclosure Spent Convictions Duty of Care Statutory Interpretation +3 more

Case Brief

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Parties

Mr. Cole

Plaintiff

Jersey Post

First Defendant

The Police

Second Defendant

Procedural Posture

Civil Appeal / Appeal Against Master's Order Striking Out Claim

Legal Issues

  1. 1 Whether disclosure of spent convictions by the Police to Jersey Post without the plaintiff's consent breached the Data Protection (Jersey) Law 1987
  2. 2 Whether the Rehabilitation of Offenders Act 1974 applied in Jersey
  3. 3 Whether there was a breach of the European Convention on Human Rights or the Human Rights (Jersey) Law 2000

Ratio Decidendi

All claims were unsustainable as the disclosure to Jersey Post was lawful under the Data Protection (Jersey) Law 1987, the Rehabilitation of Offenders Act 1974 did not apply in Jersey, the ECHR was not incorporated into Jersey law at the time, and neither Jersey Post nor the Police owed a duty of care to the plaintiff in the employment application process.

Court Disposition

appeal dismissed

Orders

  • Order of justice struck out as frivolous, vexatious, and an abuse of process
  • No damages or remedies awarded to the plaintiff