Legal action over ferry tender process denied

A Court of Appeal decision from Judge William Bailhache decided not to proceed with legal action

The Court of Appeal says there will not be a judicial review into how the Jersey government handled its ferry tender process.

On Monday, Jersey's Court of Appeal ruled there was "no arguable grounds" for a review after a hearing on Friday.

Danish operator DFDS was awarded a 20-year contract to operate Jersey's ferry service, with Brittany Ferries contending as the other bidder.

It challenged how the decision was made following a shortened, second ferry tender process.

Brittany Ferries had argued that Sustainable Economic Development Minister Deputy Kirsten Morel, responsible for the ferry tender process, had failed to give adequate reasons for the decision.

'Significantly detrimental'

Judge William Bailhache said: "We do not consider it arguable that the minister was in breach of any duty to give reasons for terminating the first tender process, and accordingly we do not consider the second process was tainted by procedural unfairness for his failure to do so."

The court said the application by Brittany Ferries was not brought "sufficiently promptly" and to have granted relief on the application would have been "significantly detrimental to good administration".

It added that in the case where delay could cause "serious detriment" to public interest in terms of good public administration or commercial interests, then an application would need to be brought within days, "not weeks or months".

The court will decide the court costs of Brittany Ferries' challenge "at a later date, if those cannot be agreed".