W -v- JFSC

This is an application by W for a stay of his own appeal against the decision of the Jersey Financial Services Commission ("respondent") to issue a public statement in respect of W and others. The basis of the application brought by the W is by reference to the maxim le criminal tient le civil en etat .

The general background to the application is set out at paragraph 3 of my earlier judgment reported at UV and W-v-JFSC [2014] JRC 202 . I also refer to paragraphs 23 to 34, which set out the approach of the Royal Court to an appeal against a decision of the respondent.

There was little dispute between the parties as to the relevant authorities which have considered the maxim le criminal tient le civil en etat . The maxim was helpfully summarised by Southwell J. A. in Glazebrook v Housing Committee [2000] JLR 301 which decision was then considered by Birt, Deputy Bailiff in Haworth & Ors v States of Jersey Policy & Resources Committee [2005] JLR 1 . Paragraphs 14 to 19 of Haworth are as follows:-

The effect of the maxim was helpfully summarized by Southwell, J.A. in Glazebrook v. Housing Cttee . (1) (2000 JLR at 306-307):

"In the light of these Jersey and English authorities, I can summarize what is in my view the true application of the Jersey law principle that le criminel tient le civil en état in this way: