Minister for Sustainable Economic Development v Bretagne Angleterre Irlande SA (Court of Appeal : Appeal (Civil)) [2025] JCA 036 (24 February 2025)

Minister for Sustainable Economic Development v Bretagne Angleterre Irlande SA (Court of Appeal : Appeal (Civil)) [2025] JCA 036 (24 February 2025)

The Court of Appeal held that the Commissioner erred in law by failing to consider promptness and the ramifications of granting leave for judicial review, particularly the detriment to good administration and third party interests. The application for judicial review was not brought promptly, and the grounds advanced were weak. The appeals of DFDS and the Minister were allowed, Brittany Ferries' appeal was refused, and leave to apply for judicial review was dismissed.

Citation
[2025] JCA 036
Parties
Appellant/respondent: Minister for Sustainable Economic Development; Respondent to Appeal and Cross Appellant / Respondent (to Judicial Review): Bretagne Angleterre Irlande SA; Interested Party: DFDS A/S
Jurisdiction
Jersey
Judgment Date
24 February 2025
Procedural Posture
Judicial Review / Appeal / Appeal Against Grant of Leave for Judicial Review and Related Cross Appeals
Outcome
Appeals of DFDS and the Minister allowed; Brittany Ferries' appeal refused; leave to apply for judicial review dismissed.
Legal Topics
Promptness in Judicial Review, Procedural Fairness, Apparent Bias, Public Contract Tendering, Discretionary Bars to Relief
Administrative Law Public Procurement Judicial Review Promptness in Judicial Review Procedural Fairness Apparent Bias Public Contract Tendering Discretionary Bars to Relief

Case Brief

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Parties

Minister for Sustainable Economic Development

Appellant/respondent

Bretagne Angleterre Irlande SA

Respondent to Appeal and Cross Appellant / Respondent (to Judicial Review)

DFDS A/S

Interested Party

Procedural Posture

Judicial Review / Appeal / Appeal Against Grant of Leave for Judicial Review and Related Cross Appeals

Legal Issues

  1. 1 Whether leave for judicial review was properly granted in light of promptness requirements and prejudice to good administration and third party interests
  2. 2 Whether the Minister's decisions were tainted by procedural unfairness or apparent bias
  3. 3 Whether adequate reasons were given for the procurement decision

Ratio Decidendi

The Court of Appeal held that the Commissioner erred in law by failing to consider promptness and the ramifications of granting leave for judicial review, particularly the detriment to good administration and third party interests. The application for judicial review was not brought promptly, and the grounds advanced were weak. The appeals of DFDS and the Minister were allowed, Brittany Ferries' appeal was refused, and leave to apply for judicial review was dismissed.

Court Disposition

Appeals of DFDS and the Minister allowed; Brittany Ferries' appeal refused; leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review dismissed on all grounds.
  • Hearing listed for 13 and 14 January 2025 vacated.