Syvret v AG and Connetable of Grouville [2011] JCA 130 (05 July 2011)

Syvret v AG and Connetable of Grouville [2011] JCA 130 (05 July 2011)

The applicant had an alternative remedy in the Magistrate's Court to address his complaints, and therefore leave for judicial review was properly refused. There was no reasonable prospect of success in the appeal against the refusal to recuse or to grant leave, so the extension of time to file written contentions was refused.

Citation
[2011] JCA 130
Parties
Applicant: Stuart Syvret; First Respondent: Her Majesty's Attorney General; Second Respondent: Connétable of Grouville
Jurisdiction
Jersey
Judgment Date
05 July 2011
Procedural Posture
Application for Leave to Apply for Judicial Review (and Subsequent Application for Leave to Appeal) / Application for Extension of Time to File Written Contentions in the Court of Appeal
Outcome
Application for extension of time refused; costs awarded to respondents on the standard basis.
Legal Topics
Judicial Review, Alternative Remedy, Recusal of Judge, Abuse of Process, Extension of Time, Costs, Human Rights Breach
Administrative Law Criminal Law Civil Procedure Human Rights Judicial Review Alternative Remedy Recusal of Judge Abuse of Process +3 more

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Parties

Stuart Syvret

Applicant

Her Majesty's Attorney General

First Respondent

Connétable of Grouville

Second Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (and Subsequent Application for Leave to Appeal) / Application for Extension of Time to File Written Contentions in the Court of Appeal

Legal Issues

  1. 1 Whether the Commissioner should have recused himself for alleged bias
  2. 2 Whether leave to apply for judicial review should have been granted given the existence of an alternative remedy
  3. 3 Whether an extension of time to file written contentions in the Court of Appeal should be granted

Ratio Decidendi

The applicant had an alternative remedy in the Magistrate's Court to address his complaints, and therefore leave for judicial review was properly refused. There was no reasonable prospect of success in the appeal against the refusal to recuse or to grant leave, so the extension of time to file written contentions was refused.

Court Disposition

Application for extension of time refused; costs awarded to respondents on the standard basis.

Orders

  • Application for extension of time to file written contentions refused.
  • Costs awarded to respondents on the standard basis.