W -v- JFSC [2015] JRC 017 (23 January 2015)

W -v- JFSC [2015] JRC 017 (23 January 2015)

The appellant is not entitled to further disclosure beyond what was ordered by the Master, as the Commission has fulfilled its obligations under Rule 15/3(1) by providing all documentary evidence material to the decision under appeal. Disclosure of confidential information is only ordered where necessary and proportionate for fair disposal of the appeal, and the process should not be turned into a trial. The appeal is dismissed.

Citation
[2015] JRC 017
Parties
Appellant: W; Respondent: Jersey Financial Services Commission
Jurisdiction
Jersey
Judgment Date
23 January 2015
Procedural Posture
Administrative Appeal / Appeal Against Master's Disclosure Order
Outcome
appeal dismissed
Legal Topics
Disclosure, Confidentiality, Fairness in Administrative Appeals
Administrative Law Financial Regulation Disclosure Confidentiality Fairness in Administrative Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

W

Appellant

Jersey Financial Services Commission

Respondent

Procedural Posture

Administrative Appeal / Appeal Against Master's Disclosure Order

Legal Issues

  1. 1 Whether the appellant is entitled to further disclosure of documents held by the Commission beyond what was ordered by the Master
  2. 2 Whether the Commission's disclosure obligations in administrative appeals are analogous to those in criminal or civil proceedings
  3. 3 Whether fairness requires full disclosure given the seriousness of allegations against the appellant

Ratio Decidendi

The appellant is not entitled to further disclosure beyond what was ordered by the Master, as the Commission has fulfilled its obligations under Rule 15/3(1) by providing all documentary evidence material to the decision under appeal. Disclosure of confidential information is only ordered where necessary and proportionate for fair disposal of the appeal, and the process should not be turned into a trial. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • No further disclosure ordered beyond what was provided by the Master
  • Appellant may apply for specific categories of documents on a limited and precise basis, subject to justification and affidavit