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Jersey Case Law

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Constitutional law [2024] JCA 288

Buckley v Minister for Treasury and Resources and Ors

Buckley v Minister for Treasury and Resources and Ors [2024] JCA 288 (07 November 2024)

The Court of Appeal held that Jersey primary legislation is generally not amenable to judicial review, but allowed a limited Convention-rights challenge on retrospective tax application.

  • Judicial review of legislation
  • Retrospective taxation
  • Legislative process in jersey
  • States privilege
  • Human rights (echr) compatibility
  • Discretion in tax remission
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Administrative law [2024] JRC 083

Want v Minister for Infrastructure

Want v Minister for Infrastructure [2024] JRC 083 (11 April 2024)

The Royal Court of Jersey allowed Mr Want’s appeal against suspension of his PSV badge, finding the decision-maker unlawfully followed a DBS barring decision automatically.

  • Delegation of authority
  • Disclosure and barring service (dbs) checks
  • Procedural fairness
  • Jurisdiction
  • Suspension of licences
  • Procedural-fairness
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Human rights [2024] JCA 084

Imperium Trustees (Jersey) Limited v Jersey Competent Authority and HM AG

Imperium Trustees (Jersey) Limited v Jersey Competent Authority and HM AG [2024] JCA 084 (11 April 2024)

The Court of Appeal refused leave to appeal in a challenge to Jersey’s costs-immunity law, while reaffirming its Article 6 incompatibility ruling.

  • Compatibility of costs immunity with article 6 echr
  • Judicial review
  • Declaration of incompatibility
  • Margin of appreciation
  • Proportionality
  • Legislative aim
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Constitutional law [2024] JCA 085

Buckley v Minister for Treasury and Resources and Ors

Buckley v Minister for Treasury and Resources and Ors [2024] JCA 085 (08 February 2024)

Leave to appeal was granted on constitutional and human-rights grounds arising from Jersey’s higher tax on second homes, including justiciability and retrospectivity.

  • Justiciability of legislative acts
  • Judicial review of taxation
  • Retrospectivity
  • Legitimate expectation
  • Human rights compatibility
  • Discrimination
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Administrative law [2020] JRC 095

Scott v The Minister for Treasury and Resources and the AG -

Scott v The Minister for Treasury and Resources and the AG - [2020] JRC 095 (28 May 2020)

Leave to seek judicial review was refused. The Royal Court held that the challenge to Jersey’s COVID-19 payroll support scheme was a political objection, not an arguable public law claim.

  • Judicial review
  • Standing (sufficient interest)
  • Illegality
  • Irrationality
  • Procedural impropriety
  • Covid-19 emergency measures
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Civil procedure [2018] JRC 094

Neville v Gorst and Ors

Neville v Gorst and Ors [2018] JRC 094 (22 May 2018)

The Jersey Royal Court refused to sign an order of justice because it disclosed no cause of action, had no prayer for relief, and relied on non-justiciable political promises.

  • Cause of action
  • Abuse of process
  • Judicial discretion
  • Immunity of legislators
  • Right of access to justice
  • Cause-of-action
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Constitutional law [2016] JRC 204

Gosselin -v- Minister for Social Security

Gosselin -v- Minister for Social Security [2016] JRC 204 (08 November 2016)

The Royal Court of Jersey rejected a recusal application, holding that the Bailiff’s former roles and institutional position did not create objective bias.

  • Judicial impartiality
  • Separation of powers
  • Recusal
  • European convention on human rights
  • Article 6 fair trial
  • Legislative-judicial dual role
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Constitutional law

Pearce v States Treasurer

Pearce v States Treasurer [2014] 2 JLR_Note 9 (02 July 2014)

The note concerns the constitutional meaning of “Public of the Island of Jersey” in Pearce v States Treasurer and records a clarification of that expression.

  • Definition of 'public of the island of jersey'
  • Constitutional-law
  • Statutory-interpretation
  • Jersey-law
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Public law [2011] JRC 116

Syvret v Chief Minister and Others

Syvret v Chief Minister and Others [2011] JRC 116 (20 June 2011)

The Royal Court struck out Mr Syvret’s claim as disclosing no cause of action and refused his recusal application, finding no apparent bias.

  • Misfeasance in public office
  • Breach of statutory duty
  • Negligence
  • Judicial bias
  • Privileges of legislature
  • Human rights act
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Judicial bias [2011] JLR 343

Syvret v Chief Minister

Syvret v Chief Minister [2011] JLR 343 (20 June 2011)

The court dismissed an application to recuse a Commissioner, holding there was no apparent bias from limited professional acquaintances or appointment by the Bailiff.

  • Recusal of judge
  • Apparent bias
  • Judicial impartiality
  • Apparent-bias
  • Judicial-recusal
  • Judicial-impartiality
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.