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Jersey Case Law

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Civil forfeiture [2019] JRC 220

AG v Ellis 04-Nov-2019

AG v Ellis 04-Nov-2019 [2019] JRC 220 (04 November 2019)

The Jersey Royal Court refused the Attorney General leave to appeal a ruling on proportionality and burden of proof in civil forfeiture proceedings.

  • Proportionality
  • Burden of proof
  • Right of appeal
  • Summary procedure
  • Civil-forfeiture
  • Leave-to-appeal
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Criminal law [2019] JRC 108

O'Byrne v AG

O'Byrne v AG [2019] JRC 108 (11 June 2019)

The Royal Court granted leave to appeal out of time in a criminal appeal, but refused to rehear witnesses or compel notes of a magistrate-probation meeting.

  • Appeal procedure
  • Notice of appeal
  • Right of appeal
  • Self-defence
  • Bias
  • Evidence admissibility
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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 [2014] JRC 232

Larsen and Volaw Judicial Review

Larsen and Volaw Judicial Review [2014] JRC 232 (25 November 2014)

The Royal Court granted leave for judicial review of tax-information notices but refused a stay, and removed the Chief Minister as a respondent.

  • Judicial review
  • Subordinate legislation
  • Interim relief
  • Article 8 echr
  • Rule of law
  • Exchange of tax information
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Tax law [2014] JRC 143

Larsen Oil and Gas Drilling Limited and Independant Oil Fields Rentals IOR Limited and North East Oil Limited -v- Comptroller of Taxes

Larsen Oil and Gas Drilling Limited and Independant Oil Fields Rentals IOR Limited and North East Oil Limited -v- Comptroller of Taxes [2014] JRC 143 (15 July 2014)

The Royal Court refused leave for judicial review of a tax information notice, holding the application was brought far too late and raised no new arguable point.

  • Judicial review
  • Tax information exchange
  • Right of appeal
  • Data protection
  • Discrimination
  • Delay in proceedings
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Insolvency [2014] JRC 063

Viscount of the Royal Court -v- Pitman

Viscount of the Royal Court -v- Pitman [2014] JRC 063 (12 March 2014)

The Royal Court held that a bare right of appeal is not separate property and that a defamation claim is a personal claim that did not vest in the Viscount.

  • Vesting of property in bankruptcy
  • Personal claims in insolvency
  • Right of appeal
  • Directions to viscount
  • Standing of creditors
  • Insolvency
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Criminal law [2010] JRC 167

Harding v AG

Harding v AG [2010] JRC 167 (16 September 2010)

The Royal Court held that Miss Harding was unfit to plead when convicted in the Magistrate's Court, so her guilty plea was invalid and the convictions were set aside.

  • Fitness to plead
  • Right of appeal
  • Guilty plea
  • Jurisdiction
  • Fitness-to-plead
  • Guilty-plea
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Criminal law [2009] JCA 181

Syvret v AG

Syvret v AG [2009] JCA 181 (04 September 2009)

The Court of Appeal refused leave to appeal in summary criminal proceedings, upheld the Commissioner’s refusal to recuse himself, and found no basis to challenge the costs order.

  • Recusal of judge
  • Costs in criminal proceedings
  • Right of appeal
  • Bias
  • Natural justice
  • Apparent-bias
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Criminal procedure [2009] JLR 330

Syvret v Att. Gen.

Syvret v Att. Gen. [2009] JLR 330 (04 September 2009)

The court held that in summary proceedings there is no appeal to the Court of Appeal against interlocutory or final decisions; appeal lies only to the Royal Court.

  • Right of appeal
  • Summary proceedings
  • Interlocutory appeal
  • Criminal-procedure
  • Right-of-appeal
  • Summary-proceedings
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Planning law [2003] JLR 405

P. E. C. v Lesquende Ltd.

P. E. C. v Lesquende Ltd. [2003] JLR 405 (16 July 2003)

Jersey planning and compulsory purchase appeal on whether statutory prohibition on appeal applied before a case was stated and determined by the court.

  • Compulsory purchase procedure
  • Right of appeal
  • Arbitration award
  • Compulsory-purchase
  • Planning-law
  • Right-of-appeal
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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.