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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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Criminal law [2018] JRC 072

AG -v- Teixera

AG -v- Teixera [2018] JRC 072 (17 April 2018)

Appeal against a stay of prosecution was allowed. The court held there was no abuse of process where the Attorney General directed prosecution after a Centenier’s caution.

  • Abuse of process
  • Prosecutorial discretion
  • Legitimate expectation
  • Supervisory powers
  • Natural justice
  • Abuse-of-process
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Administrative law [2016] JRC 031

Banyan Retail LImited -v- The Licensing Assembly

Banyan Retail LImited -v- The Licensing Assembly [2016] JRC 031 (04 February 2016)

The Royal Court of Jersey refused judicial review of a licensing decision, holding that noise concerns, public interest, and the premises’ suitability justified refusal of a first-category licence.

  • Judicial review
  • Liquor licensing
  • Public interest
  • Legitimate expectation
  • Procedural fairness
  • Judicial-review
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Administrative law [2011] JRC 181

Clear Mobitel -v- JCRA

Clear Mobitel -v- JCRA [2011] JRC 181 (22 September 2011)

The Jersey Royal Court quashed JCRA’s revocation of a spectrum recommendation to Mobitel because the company was not given a fair chance to respond.

  • Judicial review
  • Legitimate expectation
  • Procedural fairness
  • Public policy
  • Spectrum allocation
  • Judicial-review
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Administrative law [2011] JLR 718

Clear Mobitel v J.C.R.A.

Clear Mobitel v J.C.R.A. [2011] JLR 718 (22 September 2011)

Judicial review of a revoked telecommunications recommendation failed: the court held that public interest in effective telecommunications services outweighed unfairness despite a substantive legitimate expectation.

  • Legitimate expectation
  • Licensing
  • Public interest
  • Abuse of power
  • Judicial-review
  • Legitimate-expectation
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Trusts [2011] JRC 135

In the matter of Y Trust

In the matter of Y Trust [2011] JRC 135 (07 July 2011)

The Jersey Royal Court rectified a trust deed and sanctioned a trustee’s final distribution decision, holding the allocation was rational despite unfair treatment concerns.

  • Trustee powers
  • Discretionary trusts
  • Rectification
  • Momentous decision applications
  • Beneficiary rights
  • Legitimate expectation
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Criminal law [2008] JRC 129

AG v Bhojwani

AG v Bhojwani [2008] JRC 129 (12 August 2008)

The court refused a pre-trial application to stay criminal proceedings or order disclosure, rejecting abuse of process, legitimate expectation, delay, and non-justiciability arguments.

  • Abuse of process
  • Money laundering
  • Justiciability
  • Legitimate expectation
  • Judicial restraint
  • Delay
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Administrative law [2007] JRC 063

McCarthy v Minister for Planning and Environment

McCarthy v Minister for Planning and Environment [2007] JRC 063 (12 March 2007)

The court dismissed an appeal against refusal of planning permission for two houses on designated Important Open Space in Grouville, finding no unreasonable decision or binding legitimate expectation.

  • Legitimate expectation
  • Planning permission
  • Island plan
  • Unreasonableness
  • Public law
  • Zoning
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Planning law [2007] JLR 167

McCarthy v Planning Minister

McCarthy v Planning Minister [2007] JLR 167 (12 March 2007)

The court held that a planning minister is not bound by preliminary favourable representations and that legitimate expectation rarely applies in planning appeals.

  • Planning permission
  • Legitimate expectation
  • Preliminary representations
  • Reasonableness of refusal
  • Planning-law
  • Administrative-law
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