1998/88 - Syvret v Bailhache and Hamon [1998] UR 88 (28 April 1998)

1998/88 - Syvret v Bailhache and Hamon [1998] UR 88 (28 April 1998)

The Royal Court has no jurisdiction to review or intervene in the internal disciplinary proceedings of the States of Jersey or the actions of its presiding officers taken in that capacity. The matters complained of fall squarely within the regulation of internal proceedings of the legislative assembly, which are protected by absolute privilege and statutory immunity. The Plaintiff's claim discloses no reasonable cause of action and is not justiciable.

Citation
[1998] UR 88
Parties
Plaintiff: Senator Syvret; First Defendant: The Bailiff of Jersey; Second Defendant: The Deputy Bailiff of Jersey
Jurisdiction
Jersey
Judgment Date
28 April 1998
Procedural Posture
Civil (constitutional/administrative) / Application to Strike Out (preliminary/interlocutory)
Outcome
Order of Justice struck out; proceedings dismissed for want of jurisdiction and failure to disclose a reasonable cause of action.
Legal Topics
Legislative Immunity, Internal Regulation of Legislative Assemblies, Judicial Review of Parliamentary Proceedings, Standing Orders Interpretation
Constitutional Law Parliamentary Privilege Administrative Law Legislative Immunity Internal Regulation of Legislative Assemblies Judicial Review of Parliamentary Proceedings Standing Orders Interpretation

Case Brief

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Parties

Senator Syvret

Plaintiff

The Bailiff of Jersey

First Defendant

The Deputy Bailiff of Jersey

Second Defendant

Procedural Posture

Civil (constitutional/administrative) / Application to Strike Out (preliminary/interlocutory)

Legal Issues

  1. 1 Whether the Royal Court has jurisdiction to review or intervene in the internal disciplinary proceedings of the States of Jersey against one of its members.
  2. 2 Whether the actions of the Bailiff and Deputy Bailiff in disciplining the Plaintiff are justiciable or protected by parliamentary privilege and statutory immunity.
  3. 3 Whether the Plaintiff's claims disclose a reasonable cause of action or are frivolous, vexatious, or an abuse of process.

Ratio Decidendi

The Royal Court has no jurisdiction to review or intervene in the internal disciplinary proceedings of the States of Jersey or the actions of its presiding officers taken in that capacity. The matters complained of fall squarely within the regulation of internal proceedings of the legislative assembly, which are protected by absolute privilege and statutory immunity. The Plaintiff's claim discloses no reasonable cause of action and is not justiciable.

Court Disposition

Order of Justice struck out; proceedings dismissed for want of jurisdiction and failure to disclose a reasonable cause of action.

Orders

  • Plaintiff's claim is struck out in its entirety.
  • No order as to costs specified in the judgment.