Bedell Cristin overturn JCRA decision in successful appeal for JT29 Nov 2013
Bedell Cristin acted for JT (Jersey) Limited ("JT") in successfully overturning a decision of the Jersey Competition Regulatory Authority ("the JCRA") which would have modified JT's licence and required JT to implement a new system of wholesale line rental. The decision of the JCRA was quashed on the grounds that they did not comply with a fair procedure, were in breach of the terms of their governing statute, and also that their decided timescale for implementation of the new system was unreasonable. The judgment of the Bailiff in JT v JCRA  JRC 238 was released today.
This decision may be of interest to many in that it breaks new ground in relation to the legal test to be applied in administrative appeals. It also provides helpful guidance for individuals, entities and practitioners alike who may be contemplating, facing, or otherwise involved in an administrative appeal in Jersey. To read our briefing on this topic please see document below.
The case will also be of interest to public bodies (or those considering challenging a decision by a public body) as to the procedural factors that should be considered when reaching a decision in order to comply with the requirements of fairness as well as statutory duties; looking for example at the duty of public bodies to consult and also at what should be considered when any aspect of decision making is being delegated. To read more please see document below.
For further information please contact David Cadin.