Haworth Taylor Tucker v States of Jersey Policy & [2005] JRC 014 (08 February 2005)

Haworth Taylor Tucker v States of Jersey Policy & [2005] JRC 014 (08 February 2005)

The plaintiffs failed to demonstrate a real danger of injustice in any criminal proceedings if the disciplinary hearings proceeded, given the solemn undertakings by the Deputy Chief Officer to keep the hearings private and confidential. The risk of prejudice was not more than notional. Therefore, the injunction to restrain the disciplinary hearings was refused.

Citation
[2005] JRC 014
Parties
Plaintiff: Second Plaintiff (Mr Taylor); Plaintiff: Third Plaintiff (Mr Tucker); Defendant: Defendant Committee
Jurisdiction
Jersey
Judgment Date
08 February 2005
Procedural Posture
Application for Injunction / Interlocutory (application for Interim Relief)
Outcome
Injunction refused; disciplinary hearings allowed to proceed.
Legal Topics
Disciplinary Proceedings, Concurrent Civil and Criminal Proceedings, Injunctions, Right to Silence, Employer's Rights, Risk of Prejudice in Criminal Proceedings
Employment Law Criminal Law Administrative Law Disciplinary Proceedings Concurrent Civil and Criminal Proceedings Injunctions Right to Silence Employer's Rights +1 more

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Parties

Second Plaintiff (Mr Taylor)

Plaintiff

Third Plaintiff (Mr Tucker)

Plaintiff

Defendant Committee

Defendant

Procedural Posture

Application for Injunction / Interlocutory (application for Interim Relief)

Legal Issues

  1. 1 Whether disciplinary hearings should be postponed pending possible criminal proceedings against plaintiffs
  2. 2 Whether proceeding with disciplinary hearings would cause real prejudice to plaintiffs in potential criminal trials

Ratio Decidendi

The plaintiffs failed to demonstrate a real danger of injustice in any criminal proceedings if the disciplinary hearings proceeded, given the solemn undertakings by the Deputy Chief Officer to keep the hearings private and confidential. The risk of prejudice was not more than notional. Therefore, the injunction to restrain the disciplinary hearings was refused.

Court Disposition

Injunction refused; disciplinary hearings allowed to proceed.

Orders

  • Application for injunction dismissed.
  • Disciplinary hearings may proceed as scheduled.