UCC v Bender 23-Oct-2006 [2006] JRC 150A (23 October 2006)

UCC v Bender 23-Oct-2006 [2006] JRC 150A (23 October 2006)

The Court found that while the email may technically amount to contempt or attempt to pervert the course of justice, the case was not sufficiently clear or strong to warrant referral to the Attorney General; the applicant remains at liberty to make a complaint independently.

Citation
[2006] JRC 150A
Parties
Plaintiff: UCC; Defendant: Mr Bender; Applicant/defendant: Mr Koonmen; Assignor: Mr Silverman
Jurisdiction
Jersey
Judgment Date
23 October 2006
Procedural Posture
Application / Interlocutory
Outcome
application refused
Legal Topics
Settlement Negotiations, Attempt to Pervert the Course of Justice, Witness Evidence
Civil Procedure Contempt of Court Settlement Negotiations Attempt to Pervert the Course of Justice Witness Evidence

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Parties

UCC

Plaintiff

Mr Bender

Defendant

Mr Koonmen

Applicant/defendant

Mr Silverman

Assignor

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether an email suggesting a witness not give evidence amounts to contempt of court or attempt to pervert the course of justice
  2. 2 Whether the Court should refer the matter to the Attorney General

Ratio Decidendi

The Court found that while the email may technically amount to contempt or attempt to pervert the course of justice, the case was not sufficiently clear or strong to warrant referral to the Attorney General; the applicant remains at liberty to make a complaint independently.

Court Disposition

application refused

Orders

  • No referral to Attorney General
  • No order as to costs