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Jersey Case Law

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Administrative law [2018] JRC 010

Holmes v Jersey Law Society and Others

Holmes v Jersey Law Society and Others [2018] JRC 010 (16 January 2018)

The Royal Court refused Shane Holmes leave to seek judicial review of legal aid decisions and systemic legal aid complaints, mainly because the claims were out of time.

  • Judicial review
  • Delay
  • Standing
  • Legal aid guidelines
  • European convention on human rights
  • Systemic unfairness
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Criminal law [2010] JRC 198

AG -v- Bisson

AG -v- Bisson [2010] JRC 198 (03 November 2010)

The Royal Court held that the defendant had been offered legal aid on terms within his means, so he could not refuse on hardship grounds and proceed unrepresented.

  • Right to legal representation
  • Means-tested legal aid
  • Self-representation
  • Financial hardship in legal aid
  • Criminal-law
  • Legal-aid
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Administrative law [2009] JCA 145C

Welsh v Deputy Judicial Greffier

Welsh v Deputy Judicial Greffier [2009] JCA 145C (24 July 2009)

The Court of Appeal refused leave to challenge a funding refusal by the Deputy Judicial Greffier. It held the decision was not unlawful, unfair, or irrational.

  • Judicial review of funding decisions
  • Discretionary public funding
  • Legal aid for appeals
  • Threshold for leave to apply for judicial review
  • Judicial-review
  • Legal-aid
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Criminal law [2007] JRC 175

AG v Michel and Gallichan

AG v Michel and Gallichan [2007] JRC 175 (20 September 2007)

The Royal Court of Jersey granted Simone Gallichan’s post-acquittal costs application, holding that established practice allowed full taxed defence costs for a legally aided defendant.

  • Costs orders for acquitted defendants
  • Legal aid and recovery of defence costs
  • Interpretation of 'incurred' in costs statutes
  • Criminal-costs
  • Legal-aid
  • Defence-costs
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Legal aid

Comprop Ltd. v Moran

Comprop Ltd. v Moran [2002] JLR_Note 46 (21 November 2002)

Note on an appeal concerning whether legal aid provisions entitled the appellant to representation on appeal.

  • Appeals
  • Right to representation
  • Legal-aid
  • Civil-procedure
  • Right-to-representation
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Civil procedure [1999] UR 76

1999/76 - Mayo & Ors v Anagram & Ors

1999/76 - Mayo & Ors v Anagram & Ors [1999] UR 76 (5 May 1999)

Interlocutory Jersey ruling on stay, discovery, amendment, and strike-out applications. The court dismissed a stay request, made discovery unless orders, required particulars for amendment, and struck out unsupported loss claims.

  • Stay of proceedings
  • Adequacy of legal representation
  • Extension of time for affidavit of documents
  • Unless order
  • Amendment of pleadings
  • Particulars of claim
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Legal aid [1999] UR 67B

1999/67B - Representation of Young

1999/67B - Representation of Young [1999] UR 67B (16 April 1999)

The court dismissed Mr Young’s application, holding he could obtain the public representation document but had shown no legal right to correspondence copies.

  • Right to documents
  • Legal representation
  • Disclosure of correspondence
  • Legal-aid
  • Civil-procedure
  • Document-disclosure
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