Jersey’s highest appellate court overturned the decision that Jersey's liability law is incompatible with human rights.
24/06/2025
Jersey’s Attorney General, Mark Temple KC, and the Jersey Competent Authority, the Minister for Treasury and Resources, HAVE SUCCEEDED in a landmark appeal before the Judicial Committee of the Privy Council.
In a ruling handed down on 24 June 2025, Jersey’s highest appellate court OVERTURNED
- The declaration made by the Court of Appeal last year under the Human Rights (Jersey) Law 2000
- That the International Co-operation (Protection from Liability) (Jersey) Law 2018 is incompatible with human rights.
This was the first declaration of incompatibility made by a Jersey court.
The International Co-operation (Protection from Liability) (Jersey) Law 2018, includes provisions:-
- That limit the costs and damages that can be awarded against public authorities in Jersey
- Where public authorities have made decisions in good faith to fulfil a request from the authority of another country.
The Court of Appeal had found that these provisions infringed Article 6(1) of the European Convention on Human Rights (ECHR) - i.e. the right to a fair trial in a civil case.
However, the Attorney General and Jersey’s Competent Authority in tax information exchange cases have now succeeded, on appeal, in reversing that decision and other findings of the Court of Appeal.
The judgment of the Judicial Committee can be found here: https://jcpc.uk/uploads/jcpc_2024_0044_judgment_327dbe54ad.pdf
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.