Syvret v Chief Minister [2011] JLR 343 (20 June 2011)
- Citation
- [2011] JLR 343
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Application for Recusal / Judgment
More details
- Posture
- Application for Recusal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
There was no real possibility of bias arising from the Commissioner's limited, professional acquaintance with persons said to be interested in the proceedings or from the Bailiff's selection of the Commissioner for a fixed-term appointment.
Court disposition
application dismissed
02
Material facts
Parties
Syvret
ApplicantChief Minister
Respondent03
Procedural history
Posture
Application for Recusal / Judgment
04
Questions and positions
Legal issues
- 01
Whether there was a real possibility of bias due to the Commissioner's association with persons interested in the proceedings
- 02
Whether the selection of the Commissioner by the Bailiff for a fixed-term appointment gave rise to apparent bias
Party arguments
- Applicant
- The applicant argued that the Commissioner's limited, professional acquaintance with former and current Bailiffs and Attorneys General, and the fact that the Commissioner was selected by the Bailiff, gave rise to a real possibility of bias.
- Respondent
- The respondent argued that there was no logical connection between the Commissioner's professional associations or appointment process and any real possibility of bias.
05
Court’s reasoning
Legal principles
- 01
Legal principle 1
The test for apparent bias is whether a fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility of bias.
- 02
Legal principle 2
There must be a logical connection between the judge's association with a potential source of bias and the possibility of bias.
06
Ratio, limits and disposition
Ratio decidendi
There was no real possibility of bias arising from the Commissioner's limited, professional acquaintance with persons said to be interested in the proceedings or from the Bailiff's selection of the Commissioner for a fixed-term appointment.
Court disposition
application dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Syvret v Chief Minister [2011] JLR 343 (20 June 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110343.html Cite as: [2011] JLR 343 [ New search ] [ Help ] Syvret v Chief Minister 2011 JLR 343 (20 June 2011) Courts-recusation-apparent bias-test-whether fair-minded and informed observer, having considered facts, would conclude real possibility of bias-must be logical connection between judge's association with potential source of bias and possibility of bias-no possibility of bias from non-resident Commissioner's limited, professional acquaintance with persons said to be "interested" in proceedings (i.e. former and current Bailiff, and former and current Attorney General)-also no possibility of bias from Bailiff's selection of Commissioner for fixed-term appointment The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 343 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110343.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.