Warren v. Lieutenant-Governor [2017] 1 JLR 291 (21 June 2017)
- Citation
- [2017] 1 JLR 291
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Judicial Review / Application for Judicial Review of Lieutenant Governor's Refusal to Refer Case Under Court of Appeal (jersey) Law 1961, Art. 43
More details
- Posture
- Judicial Review / Application for Judicial Review of Lieutenant Governor's Refusal to Refer Case Under Court of Appeal (jersey) Law 1961, Art. 43
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Royal Court held that the threshold for judicial review of the Lieutenant-Governor's refusal to refer a case is very high and was not met in this instance.
Court disposition
Application dismissed
02
Material facts
Parties
Warren
ApplicantLieutenant-Governor
Respondent03
Procedural history
Posture
Judicial Review / Application for Judicial Review of Lieutenant Governor's Refusal to Refer Case Under Court of Appeal (jersey) Law 1961, Art. 43
04
Questions and positions
Legal issues
Whether the Lieutenant-Governor's refusal to refer the case under Court of Appeal (Jersey) Law 1961, art. 43 was arguably unlawful, irrational, or procedurally improper
Party arguments
- Applicant
- The applicant contended that the Lieutenant-Governor's refusal to refer the case was unlawful, irrational, or procedurally improper.
- Respondent
- The respondent maintained that the decision to refuse referral was within the Lieutenant-Governor's discretion and did not meet the high threshold for judicial intervention.
05
Court’s reasoning
Legal principles
- 01
Court of Appeal (Jersey) Law 1961, art. 43
A very high threshold applies for judicial review of the Lieutenant-Governor's refusal to refer a case under Court of Appeal (Jersey) Law 1961, art. 43; the decision must be arguably unlawful, irrational, or procedurally improper.
06
Ratio, limits and disposition
Ratio decidendi
The Royal Court held that the threshold for judicial review of the Lieutenant-Governor's refusal to refer a case is very high and was not met in this instance.
Court disposition
Application dismissed
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 >> Warren v. Lieutenant-Governor [2017] 1 JLR 291 (21 June 2017) URL: https://www.bailii.org/je/cases/JLR/2017/JLR171291.html Cite as: [2017] 1 JLR 291 [ New search ] [ Help ] Warren v. Lieutenant-Governor 2017 (1) JLR 291 (21 June 2017) Criminal Procedure-Lieutenant-Governor's reference-refusal to refer-on application for judicial review of Lieutenant-Governor's refusal to refer case under Court of Appeal (Jersey) Law 1961, art. 43, Royal Court to determine if decision arguably unlawful, irrational or procedurally improper-very high threshold 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: 2017 (1) JLR 291 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2017/JLR171291.html
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