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Jersey Case Law

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Administrative law [2024] JRC 048

Imperium Trustees (Jersey) Limited v Jersey Competent Authority

Imperium Trustees (Jersey) Limited v Jersey Competent Authority [2024] JRC 048 (28 February 2024)

The Royal Court granted leave to amend judicial review grounds and to add a Convention-based challenge, finding the new argument about costs and access to court arguable.

  • Judicial review
  • Costs
  • European convention on human rights
  • Compatibility of jersey law with echr
  • Tax information exchange
  • Access to court
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Administrative law [2024] JRC 016

JTC (Jersey) Limited and Anor v Jersey Competent Authority

JTC (Jersey) Limited and Anor v Jersey Competent Authority [2024] JRC 016 (19 January 2024)

The Royal Court granted leave for judicial review, including a disputed Convention timing point about whether the request related to a pre-Convention tax year.

  • Judicial review
  • Tax information exchange
  • Proportionality
  • Convention on mutual administrative assistance in tax matters
  • Article 8 echr
  • Judicial-review
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Tax law [2022] JRC 290

X v Comptroller of Revenue

X v Comptroller of Revenue [2022] JRC 290 (21 December 2022)

The court refused leave for judicial review on procedural unfairness and irrationality, but allowed a challenge that the tax notice may be too broadly drawn.

  • Tax information exchange
  • Judicial review
  • Procedural fairness
  • Confidentiality
  • Scope of information requests
  • Judicial-review
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Tax law [2021] JRC 184

Prahl and Triton Administration (Jersey) Limited v Jersey Competent Authority

Prahl and Triton Administration (Jersey) Limited v Jersey Competent Authority [2021] JRC 184 (06 July 2021)

The Jersey Royal Court granted leave for judicial review over notices issued for tax information exchange, finding the applicants’ challenge arguable and potentially successful.

  • Judicial review
  • Tax information exchange
  • Double taxation
  • Procedural fairness
  • Judicial-review
  • Tax-information-exchange
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Tax law [2021] JRC 075

Stephan v Comptroller of Taxes 15-Mar-2021

Stephan v Comptroller of Taxes 15-Mar-2021 [2021] JRC 075 (15 March 2021)

The Royal Court refused to set aside leave for judicial review over Jersey tax information notices, finding the taxpayer’s grounds arguable and not plainly hopeless.

  • Tax information exchange
  • Judicial review procedure
  • International cooperation
  • Article 8 echr
  • Disclosure and privacy
  • Fishing expedition
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Administrative law [2015] JRC 104

Larsen and Volaw

Larsen and Volaw [2015] JRC 104 (14 May 2015)

The Royal Court refused to order further disclosure in judicial review challenges to tax information exchange notices, holding the duty of candour was satisfied.

  • Duty of candour
  • Judicial review procedure
  • Tax information exchange
  • Confidentiality of international requests
  • Proportionality
  • Natural justice
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Civil procedure [2015] 1 JLR 117

Larsen v. Tax Comptroller

Larsen v. Tax Comptroller [2015] 1 JLR 117 (05 January 2015)

On an ex parte judicial review leave application, the court awarded costs to the Tax Comptroller, departing from the usual rule because of inexcusable delay and notice of attendance.

  • Costs in judicial review
  • Delay in application
  • Tax information exchange
  • Judicial-review-costs
  • Ex-parte-leave-applications
  • Delay-in-judicial-review
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Administrative law [2015] 1 JLR 19

In re Larsen

In re Larsen [2015] 1 JLR 19 (25 November 2014)

On judicial review, the court refused an interim stay of a Jersey tax-information disclosure regulation, finding the challenge insufficiently strong and the prejudice not minimal.

  • Judicial review
  • Interim stay
  • Validity of law
  • Tax information exchange
  • Judicial-review
  • Interim-relief
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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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Tax law [2013] JRC 205A

APEF Management Company 5 Ltd -v- Comptroller of Taxes

APEF Management Company 5 Ltd -v- Comptroller of Taxes [2013] JRC 205A (21 October 2013)

The Royal Court set an expedited timetable for APEF’s tax appeal, balancing public-interest urgency with the need for a fair opportunity to prepare and argue the case.

  • Tax information exchange
  • Expedited proceedings
  • Judicial review
  • Procedural fairness
  • European convention on human rights
  • Tax-law
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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.