Standstill Agreements relating to Historic Abuse Claims.

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A decision made (10/07/2009) regarding: Standstill Agreements relating to Historic Abuse Claims.

Decision Reference: MD-HSS-2009-0036
Decision Summary Title :	Standstill Agreements relating to Historic Abuse Claims		Date of Decision Summary:	30th June 2009
Decision Summary Author:	Deputy Chief Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Deputy Chief Officer
Written Report Title :	Standstill Agreements Report		Date of Written Report:	30th June 2009
Written Report Author:	Deputy Chief Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The execution of standstill agreements received on behalf of claimants with regard to historic abuse cases.
Decision(s): Having received a report relating to the execution of standstill agreements, the Minister for Health & Social Services gives authority to Mourant Du Feu & Jeune to execute standstill agreements received on behalf of claimants with regard to historic abuse cases.
Reason(s) for Decision: Given the principle of Jersey law "le criminel tient le civil" and in order not to prejudice any related criminal prosecutions, the claimants have been requested by the advisers to the States of Jersey (Mourant Du Feu & Jeune), not to issue civil proceedings for damages but to enter into Standstill Agreements so that the claimants suffer no prejudice with reference to the running of time whilst proceedings are delayed.
Resource Implications: The costs relating to the handling of claims are identified in the agreement between the States of Jersey and Mourant Du Feu and Jeune with regard to Historic Abuse Claims.
Action required: The Deputy Chief Officer is asked to instruct Mourant Du Feu & Jeune to execute standstill agreements received on behalf of claimants with regard to historic abuse cases.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):