Bisson -v- Minister for Infrastructure [2017] JCA 051 (29 March 2017)

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

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Parties

Erin Robyn Bisson

Appellant

Minister for Infrastructure

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

  1. 1 Whether the suspension of the appellant's PSV licence and badge was lawful and proportionate
  2. 2 Whether the decision to suspend was discriminatory on the basis of gender transition
  3. 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