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Jersey Case Law

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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
  • Jewsey-criminal-procedure
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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
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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
  • Telecommunications-licensing
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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
  • Telecommunications-law
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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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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.