Minister for Sustainable Economic Development V Bretagne Angleterre Irland SA [2025] JCA 036

The case involves urgent applications for leave to appeal decisions of the Royal Court concerning the tendering for ferry services to Jersey. The Minister for Sustainable Economic Development granted DFDS preferred status for the contract, leading to judicial review applications by Brittany Ferries. The initial joint procurement process with Guernsey was terminated after Guernsey unilaterally selected Brittany Ferries. Consequently, Jersey conducted a second, expedited procurement process, resulting in DFDS being awarded the contract. Brittany Ferries challenged the termination of the joint process and the awarding of the contract to DFDS.

The Royal Court granted partial leave for judicial review on grounds of procedural unfairness and apparent bias but refused leave on other grounds. DFDS and the Minister appealed the grant of leave, while Brittany Ferries cross-appealed the refusal of leave on certain grounds. The Court of Appeal heard the appeals and granted leave to DFDS and the Minister, allowing their appeals. The Court refused Brittany Ferries’ applications for leave to cross-appeal. Consequently, the judicial review proceedings were concluded, and the hearing was vacated.

The Court found that Brittany Ferries’ application for judicial review was not brought promptly, causing detriment to public administration and third-party interests. The grounds for challenging the Minister’s decisions were considered weak. The Court emphasized the importance of promptness in judicial review applications, especially in commercial contexts involving public contracts. Ultimately, the appeals by DFDS and the Minister were successful, and Brittany Ferries’ application for judicial review was dismissed. The Court highlighted the need for timely challenges to public authority decisions to avoid disruption to essential services and public administration.