Jersey Judgment

Taylor v States Police [2004] JLR 494 (06 December 2004)

Civil Procedure Undertaking to Court Breach of Undertaking Contempt of Court Strict Liability

Citation: [2004] JLR 494
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

On this page

Professional case brief

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Source document

Holding and result

Breach of an undertaking to the court is contempt of court regardless of intention, but penalization may be inappropriate if the breach was unintentional, minor, and not prejudicial.

Court disposition

Breach of undertaking is contempt of court regardless of intention; penalization may be inappropriate if breach is unintentional, minor, and not prejudicial.

Material facts

Parties

Taylor

Applicant

States Police

Respondent

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

01
Whether breach of an undertaking to the court constitutes contempt regardless of intention
02
Whether penalizing the contemnor is appropriate if the breach was unintentional, minor, and not prejudicial

Party arguments

Applicant: The breach was unintentional, minor, and not prejudicial; penalization is inappropriate.
Respondent: Breach of an undertaking to the court constitutes contempt regardless of intention.

Court’s reasoning

Legal principles

01
[2004] JLR 494

Breach of an undertaking to the court is contempt of court regardless of intention.
02
[2004] JLR 494

It may be inappropriate to penalize the contemnor if the breach was unintentional, minor, and not prejudicial.

Ratio, limits and disposition

Ratio decidendi

Breach of an undertaking to the court is contempt of court regardless of intention, but penalization may be inappropriate if the breach was unintentional, minor, and not prejudicial.

Court disposition

Breach of undertaking is contempt of court regardless of intention; penalization may be inappropriate if breach is unintentional, minor, and not prejudicial.

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[2004] JLR 494

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