Imperium Trustees (Jersey) Limited v Jersey Competent Authority [2024] JCA 014 (18 January 2024)

Imperium Trustees (Jersey) Limited v Jersey Competent Authority [2024] JCA 014 (18 January 2024)

The Court held that the International Cooperation (Protection from Liability) (Jersey) Law 2018, in so far as it imposes a blanket prohibition on costs orders against public authorities (except for bad faith), is incompatible with Article 6 ECHR as incorporated by the Human Rights (Jersey) Law 2000. The Law restricts access to court and breaches equality of arms, and cannot be read down to achieve compatibility. The Court therefore made a declaration of incompatibility under Article 5 of the 2000 Law. No order as to costs was made due to the statutory bar, but the incompatibility was formally declared.

Citation
[2024] JCA 014
Parties
Appellant/applicant: Imperium Trustees (Jersey) Limited; Respondent: Jersey Competent Authority; Intervener: HM Attorney General
Jurisdiction
Jersey
Judgment Date
18 January 2024
Procedural Posture
Appeal (costs and Human Rights) / Judgment on Costs and Compatibility of Statutory Costs Immunity With ECHR
Outcome
Declaration of incompatibility; no order as to costs.
Legal Topics
Costs in Litigation, Judicial Review, Public Authority Immunity, Interpretation of Statutes, Compatibility With European Convention on Human Rights (echr), Access to Court, Equality of Arms
Administrative Law Human Rights Law Civil Procedure Costs in Litigation Judicial Review Public Authority Immunity Interpretation of Statutes Compatibility With European Convention on Human Rights (echr) +2 more

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Parties

Imperium Trustees (Jersey) Limited

Appellant/applicant

Jersey Competent Authority

Respondent

HM Attorney General

Intervener

Procedural Posture

Appeal (costs and Human Rights) / Judgment on Costs and Compatibility of Statutory Costs Immunity With ECHR

Legal Issues

  1. 1 Whether the International Cooperation (Protection from Liability) (Jersey) Law 2018, which bars costs orders against public authorities except for bad faith, is compatible with Article 6 ECHR as incorporated by the Human Rights (Jersey) Law 2000.
  2. 2 Whether the statutory costs immunity should be read down or declared incompatible with Convention rights.
  3. 3 Whether the proceedings engage 'civil rights and obligations' under Article 6 ECHR.

Ratio Decidendi

The Court held that the International Cooperation (Protection from Liability) (Jersey) Law 2018, in so far as it imposes a blanket prohibition on costs orders against public authorities (except for bad faith), is incompatible with Article 6 ECHR as incorporated by the Human Rights (Jersey) Law 2000. The Law restricts access to court and breaches equality of arms, and cannot be read down to achieve compatibility. The Court therefore made a declaration of incompatibility under Article 5 of the 2000 Law. No order as to costs was made due to the statutory bar, but the incompatibility was formally declared.

Court Disposition

Declaration of incompatibility; no order as to costs.

Orders

  • Declaration that Article 2 of the International Cooperation (Protection from Liability) (Jersey) Law 2018 is incompatible with Article 6 of the European Convention on Human Rights as incorporated by the Human Rights (Jersey) Law 2000.
  • No order as to costs.