Bisson v Minister for Infrastructure [2019] JRC 037 (07 March 2019)

Bisson v Minister for Infrastructure [2019] JRC 037 (07 March 2019)

The Minister's decision to suspend the appellant's PSV licence and badge was procedurally unfair because the appellant was not given a reasonable opportunity to respond to the specific grounds relied upon for suspension; the decision is therefore quashed.

Citation
[2019] JRC 037
Parties
Appellant: Erin Bisson; Respondent: Minister for Infrastructure
Jurisdiction
Jersey
Judgment Date
07 March 2019
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Procedural Fairness, Natural Justice, Public Service Vehicle Licensing, Gender Discrimination, Regulatory Discipline
Administrative Law Transport Law Equality Law Procedural Fairness Natural Justice Public Service Vehicle Licensing Gender Discrimination Regulatory Discipline

Case Brief

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Parties

Erin Bisson

Appellant

Minister for Infrastructure

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the suspension of the appellant's PSV licence and badge procedurally fair?
  2. 2 Was the Minister's decision discriminatory or unreasonable?
  3. 3 Did the Minister fail to notify the appellant of the appeal time limit?

Ratio Decidendi

The Minister's decision to suspend the appellant's PSV licence and badge was procedurally unfair because the appellant was not given a reasonable opportunity to respond to the specific grounds relied upon for suspension; the decision is therefore quashed.

Court Disposition

appeal allowed

Orders

  • Minister's decision to suspend appellant's PSV licence and badge quashed