Clear Mobitel v J.C.R.A. [2011] JLR 718 (22 September 2011)
- Citation
- [2011] JLR 718
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Judicial Review / Final Judgment
More details
- Posture
- Judicial Review / Final Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Although the applicant had a substantive legitimate expectation that the recommendation would not be revoked, the court held that the strong public interest in the effective use of telecommunications services outweighed the unfairness to the applicant, and therefore the revocation was not quashed as an abuse of power.
Court disposition
Application dismissed
02
Material facts
Parties
Clear Mobitel
ApplicantJersey Competition Regulatory Authority (J.C.R.A.)
Respondent03
Procedural history
Posture
Judicial Review / Final Judgment
04
Questions and positions
Legal issues
- 01
Whether the applicant had a substantive legitimate expectation regarding the grant of a telecommunications licence
- 02
Whether the revocation of the recommendation by the J.C.R.A. constituted an abuse of power
- 03
Whether public interest outweighed the unfairness to the applicant
Party arguments
- Applicant
- The applicant argued that it had a substantive legitimate expectation that the recommendation by the J.C.R.A. to Ofcom concerning the grant of a telecommunications licence would not be revoked.
- Respondent
- The respondent argued that the revocation was justified in the strong public interest in the effective use of telecommunications services.
05
Court’s reasoning
Legal principles
- 01
Administrative law principles on legitimate expectation
A substantive legitimate expectation may arise where a public authority has made a representation, but it may be overridden by a strong public interest.
- 02
Telecommunications regulatory law
The public interest in the effective use of telecommunications services can outweigh unfairness to an applicant.
06
Ratio, limits and disposition
Ratio decidendi
Although the applicant had a substantive legitimate expectation that the recommendation would not be revoked, the court held that the strong public interest in the effective use of telecommunications services outweighed the unfairness to the applicant, and therefore the revocation was not quashed as an abuse of power.
Court disposition
Application dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Clear Mobitel v J. C. R. A. [2011] JLR 718 (22 September 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110718.html Cite as: [2011] JLR 718 [ New search ] [ Help ] Clear Mobitel v J. C. R. A. 2011 JLR 718 (22 September 2011) Telecommunications-licensing-grant of licences-strong public interest in effective use of telecommunications services-although applicant for telecommunications licence had substantive legitimate expectation that recommendation by Jersey Competition Regulatory Authority to Ofcom concerning grant of licence not to be revoked, revocation not quashed as abuse of power because public interest outweighs unfairness to applicant The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 718 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110718.html
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