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ARTICLE · 24 MARCH 2014

Adducing Fresh Evidence In Judicial Review

Bedell Cristin recently advised and acted for a Jersey company in respect of a challenge to a notice issued by the Comptroller of Income Tax in Jersey.

JerseyLitigation, Mediation & Arbitration

Bedell Cristin recently advised and acted for a Jersey company (the "Company") in respect of a challenge to a notice issued pursuant to Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008 (the "Regulations") by the Comptroller of Income Tax in Jersey.

Following a change to the Regulations, enacted by the Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 2013 in November last year, any challenge to notices issued under the Regulations was required to be by way of judicial review.

Leave was not granted in this instance, as the Comptroller was found to have acted reasonably following the standards and thresholds applied to his conduct in the recent Court of Appeal decision Volaw Trust and Corporate Services Limited and Larsen v Comptroller of Taxes ("Larsen") and the Royal Court decision in APEF Management Company 5 Limited v Comptroller of Taxes. However, this case presented an interesting

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