Bisson -v- Minister for Infrastructure [2017] JCA 051 (29 March 2017)
The appellant deliberately breached clear statutory and licence conditions by picking up passengers at a taxi rank as a restricted taxi-cab driver. The six-week suspension imposed was proportionate in all the circumstances, and there was no evidence of discrimination or procedural unfairness. Reliance on website information did not excuse the breach. The Royal Court's decision was correct and the appeal is dismissed.
- Citation
- [2017] JCA 051
- Parties
- Appellant: Erin Robyn Bisson; Respondent: Minister for Infrastructure
- Jurisdiction
- Jersey
- Judgment Date
- 29 March 2017
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Taxi Licensing, Suspension of Licence, Proportionality, Discrimination, Judicial Review, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Erin Robyn Bisson
Appellant
Minister for Infrastructure
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the suspension of the appellant's PSV licence and badge was lawful and proportionate
- 2 Whether the decision to suspend was discriminatory on the basis of gender transition
- 3 Whether reliance on website information excused the breach of licence conditions
Ratio Decidendi
The appellant deliberately breached clear statutory and licence conditions by picking up passengers at a taxi rank as a restricted taxi-cab driver. The six-week suspension imposed was proportionate in all the circumstances, and there was no evidence of discrimination or procedural unfairness. Reliance on website information did not excuse the breach. The Royal Court's decision was correct and the appeal is dismissed.
Court Disposition
Appeal dismissed
Full Case Text
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