Buckley v Minister for Treasury and Resources and Ors [2023] JRC 254 (18 December 2023)

Buckley v Minister for Treasury and Resources and Ors [2023] JRC 254 (18 December 2023)

Time for judicial review runs from the date the judgment is handed down, not from receipt of the order; the application was out of time but time was extended due to specific circumstances. Leave to appeal was granted only on grounds 3 and 4 as they raised important questions of law; costs were awarded against the applicant for 50% due to hopelessness of some grounds, with enforcement stayed pending outcome of judicial review.

Citation
[2023] JRC 254
Parties
Applicant: Buckley; First Respondent: Minister for Treasury and Resources; Second Respondent: Second Respondent; Third Respondent: Third Respondent
Jurisdiction
Jersey
Judgment Date
18 December 2023
Procedural Posture
Judicial Review / Post Substantive Judgment; Applications for Extension of Time, Leave to Appeal, and Costs
Outcome
Application for judicial review deemed out of time but time extended; leave to appeal granted on grounds 3 and 4 only; costs order for 50% against applicant, enforcement stayed.
Legal Topics
Judicial Review, Extension of Time, Leave to Appeal, Costs, Human Rights, Retrospectivity, Justiciability
Administrative Law Civil Procedure Judicial Review Extension of Time Leave to Appeal Costs Human Rights Retrospectivity +1 more

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Parties

Buckley

Applicant

Minister for Treasury and Resources

First Respondent

Second Respondent

Second Respondent

Third Respondent

Third Respondent

Procedural Posture

Judicial Review / Post Substantive Judgment; Applications for Extension of Time, Leave to Appeal, and Costs

Legal Issues

  1. 1 Whether the application for judicial review was brought within time
  2. 2 Whether time should be extended for the judicial review application
  3. 3 Whether leave to appeal should be granted and if the application was in time

Ratio Decidendi

Time for judicial review runs from the date the judgment is handed down, not from receipt of the order; the application was out of time but time was extended due to specific circumstances. Leave to appeal was granted only on grounds 3 and 4 as they raised important questions of law; costs were awarded against the applicant for 50% due to hopelessness of some grounds, with enforcement stayed pending outcome of judicial review.

Court Disposition

Application for judicial review deemed out of time but time extended; leave to appeal granted on grounds 3 and 4 only; costs order for 50% against applicant, enforcement stayed.

Orders

  • Time for service of judicial review application extended to 23 November 2023.
  • Leave to appeal granted on grounds 3 and 4 only.