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Jersey Case Law

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Civil procedure

Kubr v Ogier Global Trustee (Jersey) Limited

The Court of Appeal refused Thomas Kubr’s renewed application for permission to appeal a recusal ruling, finding no real prospect of success on apparent bias.

  • Apparent bias
  • Permission to appeal
  • Interlocutory order
  • In camera hearing
  • Cumulative effect of grounds
  • Draft judgment corrections
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Administrative law [2025] JCA 036

Minister for Sustainable Economic Development v Bretagne Angleterre Irlande SA (Court of Appeal : Appeal

Minister for Sustainable Economic Development v Bretagne Angleterre Irlande SA (Court of Appeal : Appeal (Civil)) [2025] JCA 036 (24 February 2025)

The Court of Appeal held Brittany Ferries’ judicial review challenge was not brought promptly and should not have proceeded, allowing the Minister’s and DFDS’s appeals.

  • Promptness in judicial review
  • Procedural fairness
  • Apparent bias
  • Public contract tendering
  • Discretionary bars to relief
  • Judicial-review
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Public law [2024] JRC 297

Bretagne Angleterre Irlande SA v Minister for Sustainable Economic Development

Bretagne Angleterre Irlande SA v Minister for Sustainable Economic Development [2024] JRC 297 (31 December 2024)

The Royal Court of Jersey refused DFDS’s application to set aside leave for Brittany Ferries’ judicial review, finding no disqualifying delay or other substantial reason.

  • Judicial review
  • Public procurement
  • Delay
  • Waiver
  • Procedural fairness
  • Apparent bias
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Public law [2024] JRC 292

Bretagne Angleterre Irlande SA v Minister for Sustainable Economic Development

Bretagne Angleterre Irlande SA v Minister for Sustainable Economic Development [2024] JRC 292 (24 December 2024)

The Royal Court of Jersey refused leave to challenge termination of a ferry procurement, but allowed a judicial review claim on the fairness of the later Jersey-only process.

  • Judicial review
  • Procurement law
  • Procedural fairness
  • Apparent bias
  • Duty to give reasons
  • Judicial-review
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Administrative law [2023] JRC 193

Fauvel v Minister for Environment

Fauvel v Minister for Environment [2023] JRC 193 (21 October 2023)

The Royal Court allowed a planning appeal in part, finding the Minister gave inadequate reasons for departing from an inspector’s recommendation on solar panels.

  • Adequacy of reasons
  • Planning conditions
  • Apparent bias
  • Interpretation of planning permissions
  • Planning-law
  • Adequacy-of-reasons
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Civil procedure [2021] JRC 253

BNP Paribas Jersey Trust Corporation Ltd v C. de Bourbon des deux Siciles

BNP Paribas Jersey Trust Corporation Ltd v C. de Bourbon des deux Siciles [2021] JRC 253 (18 October 2021)

The Royal Court refused a recusal application and declined to order a bank guarantee linked to payment of a contempt fine, dismissing all three summonses.

  • Recusal of judge
  • Article 6 echr - right to fair trial
  • Bank guarantee
  • Enforcement of fines
  • Apparent bias
  • Inherent jurisdiction
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Contract law [2021] JRC 211

Carey v Wellum and Wellum

Carey v Wellum and Wellum [2021] JRC 211 (16 August 2021)

Appeal from the Petty Debts Court over refurbishment works was dismissed. The Royal Court upheld findings on apparent bias, defective work, disallowed extras, and set-off.

  • Building contracts
  • Supply of goods and services
  • Appeals against findings of fact
  • Apparent bias
  • Set off and counterclaim
  • Appeals-against-findings-of-fact
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Criminal law [2021] JRC 174

Bonney v AG

Bonney v AG [2021] JRC 174 (17 June 2021)

The Royal Court of Jersey allowed an appeal against a magistrate’s refusal to recuse herself, finding apparent bias under the Porter v Magill test.

  • Judicial bias
  • Recusal of judges
  • Apparent bias
  • Fair trial
  • Case stated procedure
  • Judicial-bias
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Family law [2020] JRC 252A

N v M (Family) 4-Dec-2020

N v M (Family) 4-Dec-2020 [2020] JRC 252A (04 December 2020)

The court upheld refusal of a father's expert report on Muslims in Country 1, preferring affidavit evidence to avoid delay, and found no apparent bias.

  • Admissibility of expert evidence
  • Child welfare
  • Leave to remove
  • Apparent bias
  • Procedural directions
  • Admissibility-of-expert-evidence
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Judicial recusal [2020] JCA 094

AB v AG (Capacity)

AB v AG (Capacity) [2020] JCA 094 (29 May 2020)

The Court of Appeal refused a renewed recusal application, holding that Sir Michael Birt JA’s charity patronage, judicial roles, and past advocacy did not create apparent bias.

  • Apparent bias
  • Judicial impartiality
  • Capacity and self-determination (jersey) law 2016
  • Article 6 echr
  • Institutional bias
  • Judicial-recusal
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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.