SWM Ltd. v. Jersey Fin. Servs. Commn. [2016] 1 JLR 65 (21 January 2016)

A payment for expert evidence to respond to regulatory action may be considered in the ordinary course of business, depending on the specific facts, and is not automatically excluded because it is exceptional or one-off.

Source-derived case information.

Citation: [2016] 1 JLR 65
Parties: Applicant: SWM Ltd.; Respondent: Jersey Financial Services Commission
Jurisdiction: Jersey
Judgment Date: 21 January 2016
Procedural Posture: Application for Directions / Judgment
Outcome: Application allowed
Legal Topics: Directions by Regulatory Authority, Ordinary Course of Business, Payments for Expert Evidence

Financial Services Regulation Directions by Regulatory Authority Ordinary Course of Business Payments for Expert Evidence

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

Parties

SWM Ltd.

Applicant

Jersey Financial Services Commission

Respondent

Procedural Posture

Application for Directions / Judgment

Legal Issues

1 Whether payment for expert evidence in response to regulatory action is in the 'ordinary course of business' under a direction by the Jersey Financial Services Commission.

Ratio Decidendi

Court Disposition

Application allowed

Orders

Payment for expert evidence permitted as in the ordinary course of business

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