St. Helier (Constable) v Gray [2004] JLR 360 (05 October 2004)
- Citation
- [2004] JLR 360
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Parochial Administration / Judgment
More details
- Posture
- Parochial Administration / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the Connetable has discretion to appoint the Chef de Police and is not bound by the customary practice of appointing the most senior Centenier.
Court disposition
application granted
Orders
- The Connetable may exercise discretion in appointing the Chef de Police.
02
Material facts
Parties
St. Helier (Constable)
ApplicantGray
Respondent03
Procedural history
Posture
Parochial Administration / Judgment
04
Questions and positions
Legal issues
Whether the Connetable has discretion to appoint the Chef de Police or is bound by the customary practice of appointing the most senior Centenier.
Party arguments
- Applicant
- The Connetable has discretion to choose the Chef de Police and is not bound by the customary practice of automatic appointment of the most senior Centenier.
- Respondent
- The customary practice (coûtume) requires the automatic appointment of the most senior Centenier as Chef de Police.
05
Court’s reasoning
Legal principles
- 01
Jersey customary law as interpreted by the court
The Connetable has discretion in the appointment of the Chef de Police; the customary practice of automatic appointment of the most senior Centenier is no longer appropriate due to the changed role of the Chef and is widely disregarded in practice.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the Connetable has discretion to appoint the Chef de Police and is not bound by the customary practice of appointing the most senior Centenier.
Court disposition
application granted
- The Connetable may exercise discretion in appointing the Chef de Police.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> St. Helier (Constable) v Gray [2004] JLR 360 (05 October 2004) URL: https://www.bailii.org/je/cases/JLR/2004/JLR040360.html Cite as: [2004] JLR 360 [ New search ] [ Help ] St. Helier (Constable) v Gray 2004 JLR 360 (05 October 2004) Parochial Administration-Chef de Police-appointment-Connetable has discretion to choose Chef de Police-coûtume of automatic appointment of most senior Centenier replaced-now inappropriate to changed role of Chef and widely disregarded in practice The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2004 JLR 360 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2004/JLR040360.html
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