Jersey Unreported Judgments

Court of Appeal - Judicial Review.

[2020]JCA115

Court of Appeal

18 June 2020

judgment on application for leave to appeal

montgomery ja:

1.        On 16 June, 2020, I refused the Applicant leave to appeal to the Court of Appeal (Scott v The Minister for Treasury and Resources and the AG [2020] JCA 114) against the judgment dated 28 May, 2020 given by J A Clyde Smith, Commissioner, (Scott v The Minister for Treasury and Resources and the AG [2020] JRC 095) refusing to grant the Applicant leave to apply for a Judicial Review of the decision of the First Respondent to distribute the States of Jersey strategic reserve or other funds to businesses under phase 2 of the Government Co-Funded Payroll Scheme ("the Scheme").  The reasons for my decision are set out in my judgment. 

2.        On 16 June, 2020, on the handing down of my judgment, the Applicant sent an email that, amongst other things, sought leave to appeal to the Privy Council. 

3.        Article 14(2) of the Court of Appeal (Jersey) Law 1961, provides that:  "No appeal shall lie from a decision of the Court of Appeal to grant, or to refuse to grant, leave to appeal."  I therefore do not have jurisdiction to grant the Applicant leave to appeal to the Privy Council from my decision refusing him leave to appeal.  In any event I do not consider that there is a point of law of great or general public importance involved in my decision which is based on a conventional public law analysis of the decision of the First Respondent. 

Authorities

Scott v The Minister for Treasury and Resources and the AG [2020] JCA 114.

Scott v The Minister for Treasury and Resources and the AG [2020] JRC 095

Court of Appeal (Jersey) Law 1961