AG -v- McLoughlin [2014] JRC 119A (28 May 2014)

The court found a substantial and unexpected reduction in Mr McLoughlin's means, with no likelihood of improvement, and discharged the compensation order in full.

Citation: [2014] JRC 119A
Parties: Applicant: Mr McLoughlin; Respondent: Social Security Department
Jurisdiction: Jersey
Judgment Date: 28 May 2014
Procedural Posture: Application to Discharge Compensation Order / Post Conviction Review
Outcome: compensation order discharged in full
Legal Topics: Variation of Compensation Orders, Reduction in Means, Enforcement of Compensation Orders

Criminal Law Compensation Orders Variation of Compensation Orders Reduction in Means Enforcement of Compensation Orders

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Mr McLoughlin

Applicant

Social Security Department

Respondent

Procedural Posture

Application to Discharge Compensation Order / Post Conviction Review

Legal Issues

1 whether there has been a substantial reduction in Mr McLoughlin's means since the compensation order
2 whether the reduction in means was unexpected by the court
3 whether Mr McLoughlin's means are unlikely to increase for a substantial period

Ratio Decidendi

The court found a substantial and unexpected reduction in Mr McLoughlin's means, with no likelihood of improvement, and discharged the compensation order in full.

Court Disposition

compensation order discharged in full

Orders

compensation order discharged
no substitute order imposed