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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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Extradition [2019] JRC 039

Burdynski v The Republic of Poland

Burdynski v The Republic of Poland [2019] JRC 039 (11 March 2019)

The Royal Court of Jersey dismissed an extradition appeal by a Polish national, finding the offences were extradition offences and that he had deliberately absented himself.

  • Dual criminality
  • Extradition offences
  • Trial in absentia
  • Human rights compatibility
  • International cooperation
  • Extradition
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Election law [2018] JRC 085

Attorney General's Representation re Public Elections Law - Westwater

Attorney General's Representation re Public Elections Law - Westwater [2018] JRC 085 (14 May 2018)

The Royal Court confirmed Sarah Westwater’s nomination for Deputy in St Lawrence, holding that procedural defects in party endorsement paperwork were not substantive.

  • Nomination requirements
  • Political party endorsement
  • Electoral process
  • Jurisdiction
  • Human rights compatibility
  • Election-law
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Administrative law [2017] JCA 074

Gosselin -v- Minister for Social Security and AG

Gosselin -v- Minister for Social Security and AG [2017] JCA 074 (23 May 2017)

The Court of Appeal held it lacked jurisdiction over an income support appeal because Article 33(6) made the Royal Court’s decision final and without further appeal.

  • Jurisdiction of appellate courts
  • Finality of judgments
  • Ultra vires legislation
  • Human rights compatibility
  • Procedural fairness
  • Jurisdiction
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Administrative law [2016] JRC 032

Gosselin -v- Minister for Social Security

Gosselin -v- Minister for Social Security [2016] JRC 032 (04 February 2016)

The Royal Court held that the challenge should proceed as statutory appeals and applications for leave to appeal, not judicial review, because appeal remedies remained available.

  • Income support eligibility
  • Appeals procedure
  • Judicial review
  • Statutory interpretation
  • Human rights compatibility
  • Judicial-review
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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.