Cotrel- -Christmas [2013] JRC 097 (20 May 2013)

Cotrel- -Christmas [2013] JRC 097 (20 May 2013)

The Viscount's jurisdiction to enforce the compensation order or retain assets only arises upon default. Mr Christmas is not in default as he has exercised his right of appeal, which acts as a stay. Retaining funds against formal demand constitutes a step towards enforcement, prohibited by Article 6(5) of the Compensation Law. The Viscount must pay the funds to Mr Christmas forthwith.

Citation
[2013] JRC 097
Parties
Applicant: The Viscount; First Respondent: Mr Christmas; Second Respondent: Attorney General; Third Respondent: Mrs Cotrel
Jurisdiction
Jersey
Judgment Date
20 May 2013
Procedural Posture
Representation for Directions / Post Compensation Order, Pending Appeal
Outcome
Application granted; Viscount directed to pay funds to Mr Christmas.
Legal Topics
Compensation Orders, Enforcement of Judgments, Interim Injunctions, Property Rights, Appeals
Criminal Law Civil Procedure Human Rights Compensation Orders Enforcement of Judgments Interim Injunctions Property Rights Appeals

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Parties

The Viscount

Applicant

Mr Christmas

First Respondent

Attorney General

Second Respondent

Mrs Cotrel

Third Respondent

Procedural Posture

Representation for Directions / Post Compensation Order, Pending Appeal

Legal Issues

  1. 1 Whether the Viscount should pay funds to Mr Christmas or retain them pending appeal against compensation order
  2. 2 Interpretation of enforcement provisions under Criminal Justice (Compensation Orders)(Jersey) Law 1994
  3. 3 Compatibility of retention of funds with Convention rights

Ratio Decidendi

The Viscount's jurisdiction to enforce the compensation order or retain assets only arises upon default. Mr Christmas is not in default as he has exercised his right of appeal, which acts as a stay. Retaining funds against formal demand constitutes a step towards enforcement, prohibited by Article 6(5) of the Compensation Law. The Viscount must pay the funds to Mr Christmas forthwith.

Court Disposition

Application granted; Viscount directed to pay funds to Mr Christmas.

Orders

  • Viscount to pay £94,195.41 to Mr Christmas or to his order forthwith.
  • No order as to costs.