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Jersey Case Law

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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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Administrative law [2024] JRC 048

Imperium Trustees (Jersey) Limited v Jersey Competent Authority

Imperium Trustees (Jersey) Limited v Jersey Competent Authority [2024] JRC 048 (28 February 2024)

The Royal Court granted leave to amend judicial review grounds and to add a Convention-based challenge, finding the new argument about costs and access to court arguable.

  • Judicial review
  • Costs
  • European convention on human rights
  • Compatibility of jersey law with echr
  • Tax information exchange
  • Access to court
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Administrative law [2024] JCA 014

Imperium Trustees (Jersey) Limited v Jersey Competent Authority

Imperium Trustees (Jersey) Limited v Jersey Competent Authority [2024] JCA 014 (18 January 2024)

The Jersey Court of Appeal held that the 2018 law barring costs orders against public authorities, except for bad faith, was incompatible with Article 6 ECHR.

  • Costs in litigation
  • Judicial review
  • Public authority immunity
  • Interpretation of statutes
  • Compatibility with european convention on human rights (echr)
  • Access to court
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Civil procedure [2016] JCA 203

Home Farm Developments Ltd and Ors -v- Le Sueur

Home Farm Developments Ltd and Ors -v- Le Sueur [2016] JCA 203 (08 November 2016)

The Court of Appeal refused permission to appeal to the Privy Council, holding the challenge was late, discretionary, and raised no arguable error of law.

  • Appeal procedure
  • Case management
  • Amendment of pleadings
  • Access to court
  • Legal aid
  • Rectification
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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.