Neville v Gorst and Ors [2018] JRC 094 (22 May 2018)

Neville v Gorst and Ors [2018] JRC 094 (22 May 2018)

The new order of justice does not disclose any cause of action in legal terms, contains no prayer for relief, and is based on non-justiciable political promises and matters immune from suit; accordingly, the court refuses to authorise service of the proceedings.

Citation
[2018] JRC 094
Parties
Plaintiff: Plaintiff (name not specified); Defendant: Mr Keith Bray; Defendant: Mr Jeremy Bolton; Defendant: Mr Andrew Scate; Defendant: States Employment Board; Defendant: Chef de Police, Centenier Scaife; Defendant: Three politicians and a chief officer (names not specified)
Jurisdiction
Jersey
Judgment Date
22 May 2018
Procedural Posture
Civil / Application for Authorisation of Order of Justice (pre Service)
Outcome
application refused
Legal Topics
Cause of Action, Abuse of Process, Judicial Discretion, Immunity of Legislators, Right of Access to Justice
Civil Procedure Constitutional Law Cause of Action Abuse of Process Judicial Discretion Immunity of Legislators Right of Access to Justice

Case Brief

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Parties

Plaintiff (name not specified)

Plaintiff

Mr Keith Bray

Defendant

Mr Jeremy Bolton

Defendant

Mr Andrew Scate

Defendant

States Employment Board

Defendant

Chef de Police, Centenier Scaife

Defendant

Three politicians and a chief officer (names not specified)

Defendant

Procedural Posture

Civil / Application for Authorisation of Order of Justice (pre Service)

Legal Issues

  1. 1 Whether the new order of justice discloses a cause of action
  2. 2 Whether the proceedings are scandalous, vexatious, or an abuse of process
  3. 3 Whether statements or promises by politicians can found a civil claim

Ratio Decidendi

The new order of justice does not disclose any cause of action in legal terms, contains no prayer for relief, and is based on non-justiciable political promises and matters immune from suit; accordingly, the court refuses to authorise service of the proceedings.

Court Disposition

application refused

Orders

  • Refusal to authorise service of the new order of justice
  • Suggestion to revisit the stay of the original proceedings in September