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Jersey Case Law

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Criminal law [2003] JLR 157

Att. Gen. v O'Driscoll

Att. Gen. v O'Driscoll [2003] JLR 157 (02 June 2003)

The case held that only the Royal Court has jurisdiction to determine fitness to plead in criminal proceedings, and the Magistrate's Court must commit the issue.

  • Fitness to plead
  • Jurisdiction of courts
  • Criminal-procedure
  • Fitness-to-plead
  • Jurisdiction-of-courts
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Compulsory purchase [2003] JCA 021

Planning and Environment v Lesquende

Planning and Environment v Lesquende [2003] JCA 021 (30 January 2003)

The Court of Appeal of Jersey refused leave to appeal against a refusal to order a case stated in a compulsory purchase compensation dispute, holding the issue was factual.

  • Compensation determination
  • Arbitration procedure
  • Jurisdiction of courts
  • Case stated procedure
  • Finality of decisions
  • Compulsory-purchase
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Administrative law [1998] UR 1

1998/1 - Lesquende v Planning and Environment

1998/1 - Lesquende v Planning and Environment [1998] UR 1 (5 January 1998)

The Court of Appeal held that the Royal Court in Jersey had jurisdiction to entertain judicial review of a statutory arbitration award, though the remedy should usually be refused where an effective statutory appeal exists.

  • Judicial review
  • Compulsory purchase
  • Arbitration awards
  • Jurisdiction of courts
  • Judicial-review
  • Arbitration-awards
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Criminal law [1978] JLR 179

Att. Gen. v Thwaites

Att. Gen. v Thwaites [1978] JLR 179 (29 September 1978)

The Royal Court held it has no inherent jurisdiction to create new criminal offences for undesirable behaviour, and may only apply existing criminal principles.

  • Jurisdiction of courts
  • Creation of offences
  • Judicial powers
  • Jurisdiction-of-courts
  • Creation-of-offences
  • Judicial-powers
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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.