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

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

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.

Citation
[2004] JLR 494
Parties
Applicant: Taylor; Respondent: States Police
Jurisdiction
Jersey
Judgment Date
06 December 2004
Procedural Posture
Civil / Judgment
Outcome
Breach of undertaking is contempt of court regardless of intention; penalization may be inappropriate if breach is unintentional, minor, and not prejudicial.
Legal Topics
Undertaking to Court, Breach of Undertaking, Contempt of Court, Strict Liability
Civil Procedure Undertaking to Court Breach of Undertaking Contempt of Court Strict Liability

Case Brief

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Parties

Taylor

Applicant

States Police

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether breach of an undertaking to the court constitutes contempt regardless of intention
  2. 2 Whether penalizing the contemnor is appropriate if the breach was unintentional, minor, and not prejudicial

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.