(Jamaica) The appellants faced both civil and criminal proceedings. They sought a stay of the civil proceedings pending the disposal of the civil proceedings. They appealeed a saying that the rule in Smith v Selwyn applied.
Held: The rule is no longer part of the common law, and nor was it part of the law of Jamaica. Appeal denied.
The defendants challenged disciplinary proceedings against them saying that there were also criminal proceedings, which must be given priority. Did the rule in Smith v Selwyn still apply in Jamaica?
Citations:
[2002] UKPC 86
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Smith v Selwyn 1914
The court considered whether civil proceedings should be delayed pending the conclusion of criminal proceedings: ‘where injuries are inflicted on an individual under circumstances which constitute a felony, that felony cannot be made the foundation . .
Cited – Jefferson Ltd v Bhetcha CA 1979
The plaintiffs brought a claim to recover monies appropriated by a former employee who was also facing prosecution for offences in connection with the same matters. The defendant sought a stay of the application for summary judgement.
Held: . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 08 June 2022; Ref: scu.189870