Crociani -v- Crociani [2016] JRC 216A (22 November 2016)

Transparency in judicial proceedings requires disclosure of communications between parties and the judiciary; the letter and any reply must be disclosed to all parties.

Citation: [2016] JRC 216A
Parties: Applicant: Plaintiffs; Respondent: First to Fourth Defendants; Respondent: Fifth Defendant; Other: Court of Appeal
Jurisdiction: Jersey
Judgment Date: 22 November 2016
Procedural Posture: Application for Disclosure / Trial Court Determination Following Court of Appeal Remittal
Outcome: application granted
Legal Topics: Disclosure of Documents, Judicial Transparency, Confidential Communications

Civil Procedure Disclosure of Documents Judicial Transparency Confidential Communications

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Parties

Plaintiffs

Applicant

First to Fourth Defendants

Respondent

Fifth Defendant

Respondent

Court of Appeal

Other

Procedural Posture

Application for Disclosure / Trial Court Determination Following Court of Appeal Remittal

Legal Issues

1 Should the letter written by the fifth defendant to Mr Pleming QC and the Court's response be disclosed to all parties?
2 Are there circumstances justifying confidential communications between parties and the judiciary?

Ratio Decidendi

Transparency in judicial proceedings requires disclosure of communications between parties and the judiciary; the letter and any reply must be disclosed to all parties.

Court Disposition

application granted

Orders

The letter written by the fifth defendant to Mr Pleming QC and any reply from the Court must be disclosed to all parties.
Plaintiffs are to provide copies of the letters to all instructed parties.