U -v- Jersey Financial Services Commission [2015] JRC 087 (30 April 2015)

U -v- Jersey Financial Services Commission [2015] JRC 087 (30 April 2015)

U was granted a final extension of time to file a substantive affidavit by 15 May 2015, balancing the need for promptness with fairness given delays largely outside U's control. Applications regarding the basis for affidavit disclosure to the respondent should be heard together for U and W to avoid inconsistent...

Source-derived case information.

Citation
[2015] JRC 087
Parties
Applicant: U; Respondent: Jersey Financial Services Commission (JFSC)
Jurisdiction
Jersey
Judgment Date
30 April 2015
Procedural Posture
Administrative Appeal / Interlocutory Directions and Extension of Time
Outcome
Extension of time granted; application regarding affidavit disclosure adjourned to be heard with W's application.
Legal Topics
Extension of Time, Affidavit Filing, Disclosure to Third Parties, Stay of Proceedings, Consecutive Hearing of Appeals
Administrative Law Financial Regulation Extension of Time Affidavit Filing Disclosure to Third Parties Stay of Proceedings Consecutive Hearing of Appeals

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Parties

U

Applicant

Jersey Financial Services Commission (JFSC)

Respondent

Procedural Posture

Administrative Appeal / Interlocutory Directions and Extension of Time

Legal Issues

  1. 1 Should U be granted an extension of time to file an affidavit in response?
  2. 2 Should U be required to file an affidavit with the respondent given potential criminal investigation and statutory disclosure powers?
  3. 3 Should applications concerning affidavit disclosure for U and W be heard together to avoid inconsistent findings?

Ratio Decidendi

U was granted a final extension of time to file a substantive affidavit by 15 May 2015, balancing the need for promptness with fairness given delays largely outside U's control. Applications regarding the basis for affidavit disclosure to the respondent should be heard together for U and W to avoid inconsistent findings.

Court Disposition

Extension of time granted; application regarding affidavit disclosure adjourned to be heard with W's application.

Orders

  • U must file a substantive affidavit by 15 May 2015 as a final order.
  • A copy of U's affidavit to be supplied to the respondent, subject to respondent's undertaking not to disclose to third parties pending determination of disclosure issue.