ADVOCATES AND SOLICITORS EXAMINATIONS COMMON EXAMINATIONS

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1 ADVOCATES AND SOLICITORS EXAMINATIONS COMMON EXAMINATIONS Jersey Legal System (including the history of Jersey Law, its sources, Customary Law, the writers on Jersey Law and the relevance of Norman Customary Law and English Common Law), Constitutional Law and Administrative Law April 2004 Important notes: 1. Please write legibly unreadable papers may result in lost marks. 2. Your written paper will have to be photocopied, so please Write in black ink Write well within reasonable margins, i.e., 1" all round each page. 3. Write your assigned number at the top left-hand corner of each page and that page number in the top right-hand corner of each page (remembering to keep within photocopyable margins, i.e.1 inch all round each page. 4. Number your answers and start each new answer on a new page. 5. Write on one side of the paper only. 6. ANSWER SIX QUESTIONS in total, TWO QUESTIONS from each of Parts A, B & C. 7. Questions (and parts of questions) carry the marks shown in brackets. 8. Support your answer wherever possible by reference to statutory, judicial or other authority. Give reasons for your answers. 9. Time allowed: THREE HOURS. A: Jersey Legal System 1. What were the

2 (i) Grand Coutumier de Normandie? [2 ½] (ii) Coutume Reformée? [2 ½] Who were Terrien and Le Rouillé? What were their principal works and what is their relevance to modern Jersey Law? [5] When might a Jersey lawyer have to look direct to Roman Law? [10] 2. Who was C.S. Le Gros and on what subjects did he write? With what confidence can Le Gros be cited before the Jersey Courts? [10] How important is Pothier to the modern law of Jersey? [10] 3. What are the main areas of influence in Jersey of the English Common Law? How significant is its influence? [10] Name two early commentators on the Coutume Reformée. Name their major works and mention a case in which each has been cited in Jersey Courts. [5] Do the same for two later commentators on the Coutume Reformée. [5] B. Constitutional Law 4. The States enact legislation which restricts the quantity of seafood which can be exported from Jersey to France and imposes a registration fee and tariff on exporters and any such exports. Comment on whether such a law might be subject to challenge and, if so, on what basis? [6]

3 What was the case of Roque v. Lieutenant Governor of Jersey (ECJ) 16 July 1998 about? What were the main points in the decision? [6] What does Article 5 of Protocol 3 to the 1972 Treaty of Accession provide? [4] (d) What is the relevance to Jersey of European Law outside of the matters covered by Protocol 3? [4] 5. The UK Parliament enacts the Asylum (Mainland Protection) Act Under it the Secretary of State can issue directives requiring the construction of asylum processing facilities other than on the UK mainland. The Secretary issues an order requiring the insular authorities to construct such an establishment in St. Ouen. Are the insular authorities obliged to comply? [10] When is a treaty between the UK and a foreign state binding on Jersey and to what extent must the insular authorities be consulted by the UK before such a treaty is binding? [10] 6. Describe the process whereby a Jersey law comes into existence, from its first presentation to the States to its final registration. [10] Triennial Regulations: What are their origins, what are they, what can they be used for and what are their limits? [10] C. Administrative Law 7. What offences may be committed under the Housing (Jersey) Law 1949 and what power is available to the Housing Committee to obtain information relating to suspected offences? [5]

4 In certain circumstances, a member of the public must apply to the Economic and Development Committee for consent under the Agricultural Land (Control of Sales and Leases) (Jersey) Law What are the duties of the Committee when it receives an application for consent? [10] What is a material change of use and when do you need to consider it? [5] 8. In what circumstances does someone commencing a new business in Jersey require a licence under the Regulation of Undertakings and Development (Jersey) Law 1973 and its underlying Regulations? [10] What rights of appeal exist under Regulation of Undertakings and Development (Jersey) Law 1973 and what is the approach of the Royal Court to such an appeal? [10] 9. Your client is a developer who has constructed a luxurious residential property where once had stood an almost derelict house. When he purchased that house he knew that it was subject to a condition that only Regulation 1(1) (h) persons could occupy. Your client hopes to sell the new property to a wealthy immigrant and, if he can do so, he will advertise it internationally. He accordingly instructs you to write to the Housing Committee requesting that the condition is varied to enable the property to be bought and occupied by a 1(1)(k) person. The property is undoubtedly of great quality and the hoped for price would certainly justify a 1(1)(k) purchaser. Your careful and fully documented approach is rejected by the Committee. Is what has occurred susceptible to challenge and, if so, on what basis? [10] What is Regulation 1(1)(g) and what policy applies to it? [10]

The Sources Of Jersey Law

Return to Contents The Sources Of Jersey Law Richard Southwell, QC This modest note is a voyage of personal exploration, not a statement of judicial views. Suppose that an English and Welsh/Scottish/Northern