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Jersey Case Law

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Civil-procedure

Kubr v Ogier Global Trustee (Jersey) Limited

The Court of Appeal refused Thomas Kubr’s renewed application for permission to appeal a recusal ruling, finding no real prospect of success on apparent bias.

  • Apparent-bias
  • Permission-to-appeal
  • Interlocutory-order
  • In-camera-hearing
  • Cumulative-effect-of-grounds
  • Draft-judgment-corrections
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Criminal-law [2022] JCA 278

Le Lay v HM Attorney General

Le Lay v HM Attorney General [2022] JCA 278 (15 December 2022)

The Court of Appeal reduced Shawn Le Lay’s sentence from 5 years 6 months to 5 years after finding he was wrongly denied the chance to make mitigation before sentence.

  • Sentencing
  • Procedural-fairness
  • Judicial-recusal
  • Legal-aid
  • Mitigation
  • Mental-health-in-sentencing
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Criminal-law [2022] JRC 185

AG v Le Lay

AG v Le Lay [2022] JRC 185 (06 September 2022)

The Royal Court sentenced Shawn Le Lay to 5½ years for multiple assaults and malicious damage, imposed an indeterminate restraining order, and adjourned possible mental health transfer reports.

  • Assault
  • Malicious-damage
  • Sentencing
  • Mental-health-orders
  • Restraining-orders
  • Recusal-of-judges
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Criminal-law [2020] JRC 118

A, B and E v HM Attorney General

A, B and E v HM Attorney General [2020] JRC 118 (19 June 2020)

The Royal Court allowed an appeal against conviction for child endangerment after finding the Magistrate applied the wrong recklessness test and relied too heavily on expert evidence.

  • Appeal-against-conviction
  • Child-endangerment
  • Mens-rea-(intention-and-recklessness)
  • Judicial-recusal
  • Expert-evidence
  • Disclosure-obligations
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Judicial-recusal [2020] JCA 094

AB v AG (Capacity)

AB v AG (Capacity) [2020] JCA 094 (29 May 2020)

The Court of Appeal refused a renewed recusal application, holding that Sir Michael Birt JA’s charity patronage, judicial roles, and past advocacy did not create apparent bias.

  • Apparent-bias
  • Judicial-impartiality
  • Capacity-and-self-determination-(jersey)-law-2016
  • Article-6-echr
  • Institutional-bias
  • Judicial-recusal
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Judicial-conduct [2019] JCA 181

Bisson v Minister for Infrastructure 17-Sep-2019

Bisson v Minister for Infrastructure 17-Sep-2019 [2019] JCA 181 (19 September 2019)

The Court of Appeal rejected Ms Bisson’s recusal application, holding that prior criticism of her brother in an earlier case did not create apparent bias.

  • Recusal-of-judge
  • Apparent-bias
  • Judicial-impartiality
  • Judicial-recusal
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Criminal-law [2018] JRC 014

Queree -v- AG

Queree -v- AG [2018] JRC 014 (18 January 2018)

The Court of Appeal allowed an appeal against an indecent assault conviction, holding the evidence did not prove clear withdrawal of consent or indecency.

  • Indecent-assault
  • Consent-in-sexual-offences
  • Evidentiary-admissibility
  • Judicial-recusal
  • Standard-of-proof
  • Mens-rea
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Family-law [2015] JRC 032

In the matter of II

In the matter of II [2015] JRC 032 (12 February 2015)

The Royal Court dismissed a former wife's maintenance application as an abuse of process, refused recusal, and declined to treat her perjury allegations as grounds for police referral.

  • Spousal-maintenance
  • Abuse-of-process
  • Recusal
  • Capacity-to-litigate
  • Family-law
  • Judicial-recusal
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Judicial-conduct [2014] JRC 126B

AG -v- Sinel and Chiddicks

AG -v- Sinel and Chiddicks [2014] JRC 126B (09 June 2014)

The Royal Court dismissed a recusal application, holding that prior judicial association with the complainants did not create a real possibility of bias.

  • Judicial-recusal
  • Apparent-bias
  • Legal-profession-disciplinary-proceedings
  • Professional-discipline
  • Legal-profession-discipline
  • Jersey-law
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Employment-law [2013] JRC 189

Newtel Limited -v- Devaney

Newtel Limited -v- Devaney [2013] JRC 189 (26 September 2013)

The Royal Court held that the Employment Tribunal Chairman should recuse herself because her husband was a partner in the law firm representing a party, creating apparent bias.

  • Judicial-recusal
  • Apparent-bias
  • Impartial-tribunal
  • Human-rights-compliance
  • Employment-tribunal-procedure
  • Employment-tribunal
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.