W v. Jersey Fin. Servs. Commn. [2015] 1 JLR 71 (15 December 2014)

W v. Jersey Fin. Servs. Commn. [2015] 1 JLR 71 (15 December 2014)

A temporary stay of the appeal against the Commission's decision to make a public statement was justified because there was a significant overlap between the proposed statement alleging a serious lack of integrity and the possible prosecution for dishonesty, creating a real risk of serious prejudice to the applicant.

Citation
[2015] 1 JLR 71
Parties
Applicant: W; Respondent: Jersey Financial Services Commission
Jurisdiction
Jersey
Judgment Date
15 December 2014
Procedural Posture
Application for Stay of Proceedings / Interlocutory
Outcome
Temporary stay granted
Legal Topics
Public Statements by Regulators, Stay of Proceedings, Prejudice to Criminal Investigation
Financial Services Law Criminal Law Administrative Law Public Statements by Regulators Stay of Proceedings Prejudice to Criminal Investigation

Case Brief

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Parties

W

Applicant

Jersey Financial Services Commission

Respondent

Procedural Posture

Application for Stay of Proceedings / Interlocutory

Legal Issues

  1. 1 Whether a temporary stay of appeal against the Commission's decision to make a public statement should be granted pending a criminal investigation into the same matter
  2. 2 Whether there is a real risk of serious prejudice to the applicant if the public statement is made while a criminal investigation is ongoing

Ratio Decidendi

A temporary stay of the appeal against the Commission's decision to make a public statement was justified because there was a significant overlap between the proposed statement alleging a serious lack of integrity and the possible prosecution for dishonesty, creating a real risk of serious prejudice to the applicant.

Court Disposition

Temporary stay granted

Orders

  • Temporary stay of appeal against the Commission's decision to make a public statement pending the outcome of the criminal investigation