States Treasurer v Blanchet [1980] JLR 169 (22 August 1980)

States Treasurer v Blanchet [1980] JLR 169 (22 August 1980)

The Royal Court is not conducting a hearing de novo but may review whether the proceedings were sufficient and satisfactory, whether the determining officer was legally entitled to make the decision, and whether the decision was reasonable, i.e., did not fail to consider relevant matters or consider irrelevant matters.

Citation
[1980] JLR 169
Parties
Applicant: States Treasurer; Respondent: Blanchet
Jurisdiction
Jersey
Judgment Date
22 August 1980
Procedural Posture
Civil / Trial
Outcome
The Royal Court may consider matters of law concerning classification in proceedings not brought by way of appeal from the determining officer's decision.
Legal Topics
Classification of Insured Persons, Appeals, Jurisdiction of Royal Court
Social Security Law Classification of Insured Persons Appeals Jurisdiction of Royal Court

Case Brief

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Parties

States Treasurer

Applicant

Blanchet

Respondent

Procedural Posture

Civil / Trial

Legal Issues

  1. 1 Whether there is a right of appeal from a determining officer's classification of an insured person under the Social Security (Jersey) Law 1974, art. 33(5)(d)
  2. 2 Scope of Royal Court's jurisdiction to consider matters of law concerning classification

Ratio Decidendi

The Royal Court is not conducting a hearing de novo but may review whether the proceedings were sufficient and satisfactory, whether the determining officer was legally entitled to make the decision, and whether the decision was reasonable, i.e., did not fail to consider relevant matters or consider irrelevant matters.

Court Disposition

The Royal Court may consider matters of law concerning classification in proceedings not brought by way of appeal from the determining officer's decision.