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Jersey Case Law

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Administrative law [2024] JRC 247

Downer v Jersey Care Commission

Downer v Jersey Care Commission [2024] JRC 247 (15 November 2024)

The Royal Court allowed Hyacinth Downer’s appeal, holding that the Jersey Care Commission lacked power under Article 19 to suspend a provider’s registration.

  • Regulation of care
  • Suspension of registration
  • Ultra vires
  • Procedural fairness
  • Administrative-law
  • Ultra-vires
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Tax law [2015] 2 JLR 209

Larsen v. Tax Comptroller

Larsen v. Tax Comptroller [2015] 2 JLR 209 (27 November 2015)

Judicial review challenge to Jersey tax information-exchange regulations failed; the amendments were held not ultra vires the enabling law.

  • Exchange of tax information
  • Judicial review
  • Ultra vires
  • Statutory interpretation
  • Judicial-review
  • Ultra-vires
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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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Company law [2013] JRC 017

Pirrwitz -v- AI, PI and Vilsmeier

Pirrwitz -v- AI, PI and Vilsmeier [2013] JRC 017 (24 January 2013)

The Jersey Royal Court held that AI and PI could lawfully agree exit payments for directors, and ordered payment to Mr Pirrwitz. Related indemnity and counterclaims failed.

  • Directors' remuneration
  • Corporate governance
  • Ultra vires
  • Fiduciary duties
  • Exit payments
  • Board powers
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Criminal law [2010] JRC 042

AG -v- Bhojwani

AG -v- Bhojwani [2010] JRC 042 (23 February 2010)

Leave to apply for judicial review was refused in a Jersey money-laundering case involving Nigerian evidence, because the criminal trial provided an adequate alternative remedy.

  • Judicial review
  • Admissibility of evidence
  • International mutual legal assistance
  • Sovereignty
  • Ultra vires
  • Comity
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Privacy law [2004] JRC 209

Cole v States of Jersey Postal Admin and Ors

Cole v States of Jersey Postal Admin and Ors [2004] JRC 209 (29 November 2004)

The Jersey Royal Court struck out Mr Cole’s amended claim, finding the remaining privacy-based allegation too tenuous and refusing leave to appeal.

  • Breach of confidence
  • Misuse of private information
  • Negligence
  • Data protection
  • Human rights (articles 8 and 10)
  • Ultra vires
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Administrative law [2003] JLR 524

Interface Management v Jersey F.S.C.

Interface Management v Jersey F.S.C. [2003] JLR 524 (06 October 2003)

The court stated that an appeal against an administrative decision lies where the decision is ultra vires, procedurally unfair or incorrect, or unreasonable.

  • Grounds of appeal
  • Ultra vires
  • Procedural fairness
  • Reasonableness of administrative decisions
  • Administrative-law
  • Judicial-review
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Administrative law [2002] JCA 114

The Yacht Hotel v The Licensing Assembly

The Yacht Hotel v The Licensing Assembly [2002] JCA 114 (07 June 2002)

The Court of Appeal held that the Licensing Assembly lacked jurisdiction under Article 9(1) to reimpose a public bar designation based on matters not properly referred.

  • Judicial review
  • Licensing conditions
  • Ultra vires
  • Legitimate expectation
  • Statutory interpretation
  • Judicial-review
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Public health [1982] JLR 107

Jersey Demolition Ltd. v Resources Recovery Bd.

Jersey Demolition Ltd. v Resources Recovery Bd. [1982] JLR 107 (24 February 1982)

The court held that a charge imposed by the Resources Recovery Board for use of refuse tips was a valid administrative levy, not an ultra vires tax.

  • Waste disposal
  • Levies and charges
  • Ultra vires
  • Administrative-law
  • Public-health
  • Waste-disposal
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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.