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Civil procedure [2021] JRC 253

BNP Paribas Jersey Trust Corporation Ltd v C. de Bourbon des deux Siciles

BNP Paribas Jersey Trust Corporation Ltd v C. de Bourbon des deux Siciles [2021] JRC 253 (18 October 2021)

The Royal Court refused a recusal application and declined to order a bank guarantee linked to payment of a contempt fine, dismissing all three summonses.

  • Recusal of judge
  • Article 6 echr - right to fair trial
  • Bank guarantee
  • Enforcement of fines
  • Apparent bias
  • Inherent jurisdiction
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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
  • Apparent-bias
  • Judicial-recusal
  • Judicial-impartiality
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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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Civil procedure [2012] JRC 087A

Syvret v HM Attorney General

Syvret v HM Attorney General [2012] JRC 087A (27 April 2012)

The Deputy Bailiff accepted a conflict of interest and adjourned the pending-list application to an independent judge.

  • Recusal of judge
  • Pending list procedure
  • Conflict of interest
  • Judicial-recusal
  • Conflict-of-interest
  • Civil-procedure
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Administrative law [2011] JCA 130

Syvret v AG and Connetable of Grouville

Syvret v AG and Connetable of Grouville [2011] JCA 130 (05 July 2011)

The Court of Appeal refused an extension of time to pursue leave to appeal in a judicial review matter, holding there was an alternative remedy and no realistic prospect of success.

  • Judicial review
  • Alternative remedy
  • Recusal of judge
  • Abuse of process
  • Extension of time
  • Costs
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Family law [2011] JCA 126

In the matter of II

In the matter of II [2011] JCA 126 (29 June 2011)

The Court of Appeal largely rejected a late-appeal application in ancillary relief proceedings, but held the Royal Court erred in setting a lump sum by focusing on one property.

  • Ancillary relief
  • Extension of time
  • Recusal of judge
  • Matrimonial property
  • Appeal procedure
  • Extension-of-time
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Judicial bias [2011] JLR 343

Syvret v Chief Minister

Syvret v Chief Minister [2011] JLR 343 (20 June 2011)

The court dismissed an application to recuse a Commissioner, holding there was no apparent bias from limited professional acquaintances or appointment by the Bailiff.

  • Recusal of judge
  • Apparent bias
  • Judicial impartiality
  • Apparent-bias
  • Judicial-recusal
  • Judicial-impartiality
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Judicial conduct [2011] JRC 012

AG -v- Michel

AG -v- Michel [2011] JRC 012 (17 January 2011)

The court declined a recusal application, holding there was no reasonable basis to suspect bias and that the judge had a duty to sit.

  • Recusal of judge
  • Judicial bias
  • Judicial-bias
  • Judge-recusal
  • Judicial-conduct
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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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Judicial procedure [2001] JLR 169

In re Esteem Settlement v

In re Esteem Settlement v [2001] JLR 169 (20 March 2001)

The case addresses whether a judge should decide their own recusal in a matter involving alleged apparent bias, holding that this is normally the proper course.

  • Recusal of judge
  • Apparent bias
  • Judicial-recusal
  • Apparent-bias
  • Judicial-procedure
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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.