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This was an appeal from the Inferior Number to the
superior Number by way of a Doleance challenging a decision of the
Inferior Number as to the inherent jurisdiction of the Petty Debts
Court. The Deputy Bailiff delivered a full judgment tracing the
history of Doleance in Jersey and at p.334 concluded as follows:-
"We were satisfied on the authorities to which we have referred
that there was nothing in law or principle whereby the remedy
of Doleance is to be regarded as a personal attack on the integrity
or honour of the judge; it is not, "odious", it is a method of
obtaining a judicial review of a decision where there is no right
of appeal and it is to be allowed where the judgment contains
a manifest error; it is to be compared with the prerogative writs
of certiorari and mandamus; it implies no disrespect to the judge
whose decision is thus reviewed; it is available as a remedy where
a court makes an error of fact or law…"
Secondly, we were referred to the earlier Jersey case of In the
matter of the Doleance of Barker (1985-6) JLR 284 in which the Royal
Court allowed a petition of Doleance setting aside a decision of
the Royal court by annulling a degrevement and ordering a remise
des biens.
Thirdly, we were referred to the Isle of Man case of Re the Attorney
General of the Isle of Man of which we have reports at first instance
and on appeal (1997/8) 1 OFLR p.49 and 419 respectively. This is
of particular interest in that the Court was prepared to give a
remedy by way of a Petition of Doleance against the decision of
the Attorney General to issue notices under s.24 of the Criminal
Justice Act (Isle of Man) 1990, a statutory provision in identical
terms to the Investigation Law of 1991. While it is not altogether
clear, it would appear that the notices in question in that case
were addressed to the persons whose affairs were under investigation.
In any event the Court at first instance was prepared to accept
jurisdiction of a supervisory nature, having considered the constitutional
position of the Attorney General, and the Court of Appeal in a judgment
delivered by Mr Benet Hytner Q.C., Judge of Appeal, was prepared
to exercise a jurisdiction equivalent to that attendant upon the
application of the wednesbury principles.
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