“Blakeley Legal has announced today (Friday 22 January) that it has successfully won a court hearing on behalf of a corporate client against the Jersey Financial Services Commission.

The Deputy Bailiff, who presided over the Royal Court hearing, agreed the court should issue a Declaration concerning the meaning and effect of a Direction which had been issued by the Financial Regulator concerning Blakeley Legal’s client.

Despite arguments from the JFSC and from HM Attorney General, the court held that:

• the Commission’s interpretation of the Direction was wrong and
• that justice required the court to make the Declaration for which Advocate Blakeley was applying.

The application made to the court also included:-

• Numerous other declarations which were all resisted by the JFSC but which the JFSC conceded very shortly before the hearing of the case.

The case follows a previous court application in November by the same client against the JFSC in which the court also found against the JFSC.

Advocate Blakeley said,

• “It is very reassuring that the Royal Court found against the JFSC on two consecutive occasions. 
• I have never doubted the Court’s independence because my experience tells me our judicial system is a very good one. 
• However, if there was ever any doubt in anyone’s minds, the result of these two cases should give the finance industry in Jersey comfort that in respect of JFSC actions, the Royal Court will not hesitate to step in to right wrongs when necessary”

Blakeley Legal’s client will now be asking the Royal Court to make costs orders against the JFSC.  That hearing will take place on 12^th February.

Click here to read the judgement – pleading – judgment – final – 00104535