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Jersey Case Law

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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 [2023] JRC 209

Buckley v Minister for Treasury and Resources and Ors

Buckley v Minister for Treasury and Resources and Ors [2023] JRC 209 (07 November 2023)

Leave to seek judicial review was refused on challenges to Jersey’s Budget Law, but leave was granted only on the narrow scope of the Minister’s Direction.

  • Judicial review
  • Legislative process
  • Stamp duty
  • Land transaction tax
  • Retrospective legislation
  • Consultation requirements
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Employment law [2021] JRC 134

deThan v Institute of Law and Others 11-May-2021

deThan v Institute of Law and Others 11-May-2021 [2021] JRC 134 (11 May 2021)

The Royal Court of Jersey awarded the respondent summary costs of ÂŁ4,500 after refusing leave to appeal from the Employment and Discrimination Tribunal.

  • Costs
  • Appeals
  • Employment tribunal
  • Discrimination
  • Summary assessment of costs
  • Employment-tribunal
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Administrative law [2020] JCA 114

Scott v Minister for Treasury and Resources and the AG

Scott v Minister for Treasury and Resources and the AG [2020] JCA 114 (16 June 2020)

Single-judge Court of Appeal refused leave to appeal against refusal of judicial review of Jersey’s co-funded payroll scheme, finding no arguable illegality, irrationality, or procedural impropriety.

  • Judicial review
  • Standing
  • Political decisions
  • Discrimination
  • Procedural impropriety
  • Judicial-review
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Administrative law [2017] JCA 051

Bisson -v- Minister for Infrastructure

Bisson -v- Minister for Infrastructure [2017] JCA 051 (29 March 2017)

Court of Appeal dismissed a taxi driver’s appeal against a six-week PSV licence suspension for using a restricted taxi rank in breach of clear rules.

  • Taxi licensing
  • Suspension of licence
  • Proportionality
  • Discrimination
  • Judicial review
  • Statutory interpretation
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Administrative law [2017] JCA 041

Bisson -v- Minister for Infrastructure

Bisson -v- Minister for Infrastructure [2017] JCA 041 (15 March 2017)

The Court of Appeal refused an interlocutory application to admit a brother’s affidavits and to question officials, finding the material irrelevant and unnecessary.

  • Admission of further evidence
  • Public service vehicle licence
  • Suspension of licence
  • Discrimination
  • Proportionality
  • Admission-of-further-evidence
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Administrative law [2016] JRC 227

Bisson -v- Minister for Infrastructure

Bisson -v- Minister for Infrastructure [2016] JRC 227 (06 December 2016)

The Royal Court dismissed Ms Bisson’s appeal against a six-week suspension of her PSV licence and badge for picking up fares from a taxi rank.

  • Public service vehicle licensing
  • Suspension and revocation of licences
  • Taxi regulation
  • Proportionality of administrative sanctions
  • Discrimination allegations
  • Right of appeal
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Administrative law [2016] JCA 137

Larsen and Ors -v- Volaw Trust and Ors

Larsen and Ors -v- Volaw Trust and Ors [2016] JCA 137 (15 August 2016)

The Jersey Court of Appeal held that Regulation 14A validly directs appeals from judicial review to the Privy Council, so the Court of Appeal had no jurisdiction.

  • Judicial review
  • Appeals
  • Tax information exchange agreements
  • Fundamental rights
  • Access to courts
  • Time limits
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Administrative law [2016] JRC 127

Klonowska -v- Chief Minister

Klonowska -v- Chief Minister [2016] JRC 127 (21 July 2016)

The Royal Court allowed an appeal over a business licence condition, holding it unreasonable to let the appellant hold a one-person licence but bar her from working in her own business.

  • Business licensing
  • Work status restrictions
  • Statutory interpretation
  • Discrimination
  • Human rights
  • Business-licensing
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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.