Scott v Minister for Treasury and Resources and the AG [2020] JCA 114 (16 June 2020)

Scott v Minister for Treasury and Resources and the AG [2020] JCA 114 (16 June 2020)

The applicant has no realistic prospect of success as the Scheme is a political decision, not susceptible to judicial review absent illegality, irrationality, or procedural impropriety, none of which are present.

Citation
[2020] JCA 114
Parties
Applicant: Jonathan Tindall Scott; First Respondent: Minister for Treasury and Resources; Second Respondent: Her Majesty's Attorney General
Jurisdiction
Jersey
Judgment Date
16 June 2020
Procedural Posture
Application for Leave to Appeal (judicial Review) / Leave to Appeal Refused by Single Judge
Outcome
Leave to appeal refused
Legal Topics
Judicial Review, Standing, Political Decisions, Discrimination, Procedural Impropriety
Administrative Law Public Law Judicial Review Standing Political Decisions Discrimination Procedural Impropriety

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Parties

Jonathan Tindall Scott

Applicant

Minister for Treasury and Resources

First Respondent

Her Majesty's Attorney General

Second Respondent

Procedural Posture

Application for Leave to Appeal (judicial Review) / Leave to Appeal Refused by Single Judge

Legal Issues

  1. 1 Does the applicant have sufficient standing to bring a judicial review?
  2. 2 Is there an arguable ground for judicial review against the Scheme on the basis of unlawfulness, irrationality, or procedural impropriety?

Ratio Decidendi

The applicant has no realistic prospect of success as the Scheme is a political decision, not susceptible to judicial review absent illegality, irrationality, or procedural impropriety, none of which are present.

Court Disposition

Leave to appeal refused