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Jersey Case Law

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Administrative law [2020] JRC 232A

Richardson v The Minister for the Environment and James 04-Nov-2020

Richardson v The Minister for the Environment and James 04-Nov-2020 [2020] JRC 232A (04 November 2020)

The Royal Court held it had jurisdiction to award costs in a planning appeal out of time, but exercised its discretion to make no order as to costs.

  • Jurisdiction for costs orders
  • Discretion in awarding costs
  • Planning appeals
  • Role of judicial greffier
  • Planning-law
  • Costs
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Planning law

Carter v Planning Min.

Carter v Planning Min. [2014] 1 JLR_Note 4 (19 November 2013)

Planning appeal concerning whether retrospective planning permission should be granted. The report note records the dispute and the legal issue raised.

  • Retrospective planning permission
  • Planning appeals
  • Planning-law
  • Retrospective-planning-permission
  • Planning-appeals
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Administrative law [2012] JRC 193

JK Limited -v- Minister for Planning

JK Limited -v- Minister for Planning [2012] JRC 193 (22 October 2012)

The Royal Court refused costs after a planning appeal, finding no exceptional circumstances under the modified procedure and no basis to penalize either party.

  • Costs
  • Planning appeals
  • Exceptional circumstances
  • Modified procedure
  • Planning-appeals
  • Modified-procedure
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Administrative law [2012] JRC 095

Le Boutillier v Min for Planning and Environment

Le Boutillier v Min for Planning and Environment [2012] JRC 095 (11 May 2012)

The Royal Court of Jersey held that a fair-minded observer might perceive bias from a Jurat’s family connection to an objecting body, so the appeal would be reheard.

  • Judicial bias
  • Recusal
  • Impartial tribunal
  • Perception of bias
  • Planning appeals
  • Judicial-bias
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Administrative law [2011] JRC 173B

JK Limited -v- Minister for Planning

JK Limited -v- Minister for Planning [2011] JRC 173B (31 August 2011)

The Royal Court refused most directions sought in a planning appeal, declining personal affidavit and wide disclosure requests, but ordered a further affidavit on delay.

  • Planning appeals
  • Disclosure
  • Affidavit requirements
  • Cross-examination
  • Public duty
  • Procedural fairness
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Administrative law [2011] JRC 169

JK Ltd -v- Minister for Planning

JK Ltd -v- Minister for Planning [2011] JRC 169 (31 August 2011)

The Royal Court refused most directions sought in a planning appeal, but ordered a further affidavit explaining processing delays and the documentary record.

  • Planning appeals
  • Disclosure
  • Affidavit requirements
  • Expert evidence
  • Delay in administrative decision-making
  • Planning-appeals
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Administrative law [2011] JRC 160A

JK Ltd -v- Minister for Planning

JK Ltd -v- Minister for Planning [2011] JRC 160A (16 August 2011)

The Royal Court dismissed an appeal against a procedural ruling, holding that a planning appeal should proceed under the modified procedure and could be revisited later if oral evidence became necessary.

  • Planning appeals
  • Procedural fairness
  • Royal court rules
  • Modified procedure vs ordinary procedure
  • Planning-appeal-procedure
  • Modified-procedure
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Planning law [1998] UR 189

1998/189 - Towerocque Ltd v Planning and Environment Committee

1998/189 - Towerocque Ltd v Planning and Environment Committee [1998] UR 189 (15 September 1998)

The court refused to strike out a planning appeal, finding no clear concession to comply with the enforcement notice and noting the notice appeared uncertain.

  • Enforcement notice
  • Striking out applications
  • Uncertainty in legal notices
  • Planning appeals
  • Planning-law
  • Enforcement-notice
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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.