Jersey Judgment

JT v. JCRA [2017] 1 JLR 213 (15 June 2017)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The regulatory decision of the Jersey Competition Regulatory Authority takes effect 7 days after the appellant's abandonment of the appeal, pursuant to the parties' agreement.

Court disposition

appeal abandoned, regulatory decision to take effect after agreed delay

Orders

  • The decision of the Jersey Competition Regulatory Authority takes effect 7 days after the appellant's abandonment of the appeal.

02

Material facts

Parties

JT

Appellant

Jersey Competition Regulatory Authority

Respondent

03

Procedural history

  1. Posture

    Appeal / Determination

04

Questions and positions

Legal issues

When does the decision of the Jersey Competition Regulatory Authority take effect following the abandonment of an appeal?

Party arguments

Applicant
The implementation of the regulatory decision should be delayed until 7 days after the determination of the appeal.
Respondent
The regulatory decision should take effect promptly following the abandonment of the appeal, in accordance with the parties' agreement.

05

Court’s reasoning

  1. 01

    Jersey Law Reports [2017] 1 JLR 213

    Where parties agree implementation delayed until 7 days after 'determination' of appeal, the decision takes effect 7 days after abandonment of appeal.

06

Ratio, limits and disposition

Ratio decidendi

The regulatory decision of the Jersey Competition Regulatory Authority takes effect 7 days after the appellant's abandonment of the appeal, pursuant to the parties' agreement.

Court disposition

appeal abandoned, regulatory decision to take effect after agreed delay

  • The decision of the Jersey Competition Regulatory Authority takes effect 7 days after the appellant's abandonment of the appeal.

Source and reliance status

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Source document

Court record

Judgment

[2017] 1 JLR 213

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