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Mental capacity [2020] JCA 147B

AB v AG (Capacity)

AB v AG (Capacity) [2020] JCA 147B (30 July 2020)

Appeal dismissed. The Court of Appeal upheld the Royal Court’s appointment of CD as sole delegate for X’s property and affairs, finding no bias or unfairness.

  • Appointment of delegate
  • Best interests
  • Parens patriae jurisdiction
  • Bias
  • Fair hearing
  • Mental-capacity
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Criminal law [2019] JRC 108

O'Byrne v AG

O'Byrne v AG [2019] JRC 108 (11 June 2019)

The Royal Court granted leave to appeal out of time in a criminal appeal, but refused to rehear witnesses or compel notes of a magistrate-probation meeting.

  • Appeal procedure
  • Notice of appeal
  • Right of appeal
  • Self-defence
  • Bias
  • Evidence admissibility
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Criminal law

Christian O’Byrne v The Attorney General

The Royal Court held the appeal was out of time from conviction, granted leave to appeal out of time, but refused to order a rehearing of witnesses or production of meeting notes.

  • Grave and criminal assault
  • Notice of appeal out of time
  • Transcript unavailable
  • Leave to appeal out of time
  • Alleged bias
  • Criminal-appeal-procedure
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Administrative law [2017] JRC 087

Bisson v JPCA

Bisson v JPCA [2017] JRC 087 (12 June 2017)

Leave to apply for judicial review was refused. The court held the JPCA’s statement of satisfaction was lawful, there was no arguable bias, and no realistic prospect of success.

  • Judicial review
  • Police complaints
  • Corruption
  • Bias
  • Procedural fairness
  • Judicial-review
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Civil procedure [2013] JCA 218

Pitman and Pitman -v- JEP Ltd and 1st Jersey Ltd

Pitman and Pitman -v- JEP Ltd and 1st Jersey Ltd [2013] JCA 218 (12 November 2013)

A single judge of the Jersey Court of Appeal refused applications to call a jurat and the Bailiff, to obtain disclosure, and to file most new documents.

  • Extension of time to appeal
  • Recusal of judge
  • Bias
  • Adducing new evidence
  • Disclosure
  • Defamation
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Criminal law [2009] JCA 181

Syvret v AG

Syvret v AG [2009] JCA 181 (04 September 2009)

The Court of Appeal refused leave to appeal in summary criminal proceedings, upheld the Commissioner’s refusal to recuse himself, and found no basis to challenge the costs order.

  • Recusal of judge
  • Costs in criminal proceedings
  • Right of appeal
  • Bias
  • Natural justice
  • Apparent-bias
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Criminal law

Michel v Att. Gen.

Michel v Att. Gen. [2007] JLR_Note 54 (25 October 2006)

A Jersey criminal procedure note concerning apparent bias and the requirement that a trial be free from actual or apparent bias.

  • Fair trial
  • Bias
  • Apparent bias
  • Criminal-law
  • Fair-trial
  • Apparent-bias
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Criminal law [2006] JCA 152

Michel and Gallichan v AG 25-0ct-2006

Michel and Gallichan v AG 25-0ct-2006 [2006] JCA 152 (25 October 2006)

The Court of Appeal dismissed applications for leave to appeal convictions for assisting another to retain the benefit of criminal conduct under Jersey proceeds of crime law.

  • Proceeds of crime
  • Fraudulent conversion
  • Theft
  • Bias
  • Case to answer
  • Dishonesty
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Financial regulation [2006] JCA 040

Anchor Trust -v- JFSC 17-March-2006

Anchor Trust -v- JFSC 17-March-2006 [2006] JCA 040 (17 March 2006)

The Court of Appeal dismissed Anchor Trust’s appeal against refusal of registration under the Financial Services (Jersey) Law 1998, rejecting claims of procedural unfairness, bias, and unreasonableness.

  • Refusal of registration
  • Procedural fairness
  • Bias
  • Fit and proper person test
  • Statutory appeals
  • Trust business regulation
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Medical law [2004] JRC 206

Gildea v States of Jersey Health and Social Servic

Gildea v States of Jersey Health and Social Servic [2004] JRC 206 (25 November 2004)

The Court of Appeal refused a pre-trial application to exclude a treating doctor’s expert evidence, holding that any potential bias went to weight, not admissibility.

  • Expert evidence
  • Bias
  • Professional negligence
  • Expert-evidence
  • Professional-negligence
  • Medical-negligence
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