AG -v- Dunlop [2015] JRC 007 (13 January 2015)

AG -v- Dunlop [2015] JRC 007 (13 January 2015)

The Court held that Article 3 of the 1997 Law is ambiguous regarding 'employed', but legislative history and amendments indicate the requirement is for two years' full-time employment in a relevant office within the last three years. Part-time employment does not satisfy the statutory requirement. The restriction is proportionate and does not breach Human Rights law.

Citation
[2015] JRC 007
Parties
Applicant: Attorney General; Respondent: Respondent; Intervener: Law Society of Jersey
Jurisdiction
Jersey
Judgment Date
13 January 2015
Procedural Posture
Bar Admission Application / Judgment on Statutory Interpretation and Eligibility
Outcome
Application for admission to the Bar refused.
Legal Topics
Statutory Interpretation, Admission to Bar, Employment Requirements, Discrimination, Right to Education
Administrative Law Legal Profession Regulation Human Rights Statutory Interpretation Admission to Bar Employment Requirements Discrimination Right to Education

Case Brief

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Parties

Attorney General

Applicant

Respondent

Respondent

Law Society of Jersey

Intervener

Procedural Posture

Bar Admission Application / Judgment on Statutory Interpretation and Eligibility

Legal Issues

  1. 1 Interpretation of 'employed' under Article 3 of Advocates and Solicitors (Jersey) Law 1997
  2. 2 Whether part-time employment qualifies for Bar admission
  3. 3 Compatibility of statutory requirements with Human Rights (Jersey) Law 2000

Ratio Decidendi

The Court held that Article 3 of the 1997 Law is ambiguous regarding 'employed', but legislative history and amendments indicate the requirement is for two years' full-time employment in a relevant office within the last three years. Part-time employment does not satisfy the statutory requirement. The restriction is proportionate and does not breach Human Rights law.

Court Disposition

Application for admission to the Bar refused.

Orders

  • Respondent awarded costs out of public funds, to be taxed if not agreed.