Jersey Judgment

Clear Mobitel v J.C.R.A. [2011] JLR 718 (22 September 2011)

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Source document

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

Applicant

Jersey Competition Regulatory Authority (J.C.R.A.)

Respondent

03

Procedural history

  1. Posture

    Judicial Review / Final Judgment

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment text

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Source document

Court record

Judgment

[2011] JLR 718

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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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