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Jersey Case Law

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Planning law [2023] JRC 147

Brigham Young, Sovereign Hire Cars v Minister for Environment

Brigham Young, Sovereign Hire Cars v Minister for Environment [2023] JRC 147 (14 August 2023)

The Royal Court dismissed a planning appeal over a proposed car park in St Helier, holding that the scheme was a change of use and not irrationally refused.

  • Change of use
  • Planning permission
  • Policy interpretation
  • Irrationality
  • Island plan policies
  • Planning-law
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Planning law [2014] JRC 012

Herold -v- Minister for Planning and Environment and Sea View Investments Ltd

Herold -v- Minister for Planning and Environment and Sea View Investments Ltd [2014] JRC 012 (16 January 2014)

The Royal Court allowed a third party planning appeal, holding that the Minister failed to consider the impact of a proposed development on Seymour Cottage’s setting under Policy HE1.

  • Listed buildings
  • Heritage protection
  • Planning permission
  • Policy interpretation
  • Third party appeals
  • Planning-permission
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Planning law [2012] JRC 213

Moody -v- Minister for Planning and Environment

Moody -v- Minister for Planning and Environment [2012] JRC 213 (16 November 2012)

The Royal Court dismissed a third-party planning appeal against permission for redevelopment of Tamaris, finding no unreasonable decision on amenity, drainage, or demolition.

  • Planning permission
  • Demolition and replacement of buildings
  • Amenity and loss of view
  • Surface water drainage
  • Policy interpretation
  • Planning-law
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Planning law [2012] JRC 200

Hobson -v- Minister for Planning and Fairman

Hobson -v- Minister for Planning and Fairman [2012] JRC 200 (01 November 2012)

Appeal allowed against permission for a garage in the Coastal National Park. The court found Policy NE6 was misapplied and the departure from prior planning history was unjustified.

  • Development permission
  • Island plan
  • Coastal national park
  • Policy interpretation
  • Material considerations
  • Planning-law
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Administrative law [2012] JRC 106B

Wakeham -v- Minister for Planning and Environment

Wakeham -v- Minister for Planning and Environment [2012] JRC 106B (24 May 2012)

The court allowed a planning appeal on narrow grounds, holding that the Minister failed to consider material Island Plan policies on protected species and boundary features.

  • Planning permission
  • Protected species
  • Biodiversity
  • Procedural fairness
  • Policy interpretation
  • Planning-permission
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Planning law [2009] JRC 093

Smith -v- Minister for Planning and Environment

Smith -v- Minister for Planning and Environment [2009] JRC 093 (14 May 2009)

The Royal Court partly allowed a planning appeal, quashing permission for a south-east extension because it unreasonably threatened privacy and amenity.

  • Planning permission
  • Unreasonableness standard
  • Amenity impact
  • Site visit requirement
  • Policy interpretation
  • Planning-permission
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Administrative law [2007] JRC 227

Cadoret v Minister for Planning and Environment

Cadoret v Minister for Planning and Environment [2007] JRC 227 (26 November 2007)

The court dismissed an appeal against refusal of planning permission for a conservatory, holding the Minister was not bound by earlier approvals and the decision was not unreasonable.

  • Planning permission
  • Development control
  • Policy interpretation
  • Consistency in decision-making
  • Planning-law
  • Planning-permission
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Insurance [1988] JRC 040

Laurens v Jersey Mutual Insurance Society

Laurens v Jersey Mutual Insurance Society [1988] JRC 040 (24 February 1988)

Insurance dispute over policy interpretation. The court held the policy did not cover Laurens’s claim and dismissed the claim.

  • Policy interpretation
  • Claim dispute
  • Insurance
  • Policy-interpretation
  • Claim-dispute
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Insurance law [1979] JLR 31

Golder v Legal & Gen. Assur. Socy. Ltd.

Golder v Legal & Gen. Assur. Socy. Ltd. [1979] JLR 31 (30 January 1979)

The court held that slight play on a brake pedal did not prevent a vehicle from being in “safe and efficient condition” for insurance purposes.

  • Vehicle insurance
  • Safe and efficient condition
  • Brake adjustment
  • Policy interpretation
  • Insurance-law
  • Road-traffic-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.