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Cost of court cases instigated by the Jersey Competition Regulatory Authority

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WQ.55/2018

WRITTEN QUESTION TO THE CHIEF MINISTER

BY SENATOR P.F.C. OZOUF

ANSWER TO BE TABLED ON TUESDAY 6th MARCH 2018

Question

With regard to the three cases involving the Jersey Competition and Regulatory Authority, references [2011] JRC181', [2013] JRC238' and [2017] JRC 091', will the Chief Minister provide the Assembly with information in respect of:

  1. the breakdown of the direct costs incurred by both the Authority and the States of Jersey, with the breakdown to include an estimate, or the actual cost of resources for the cases from start to finish;
  2. the total indirect costs (for example, officials' and employees' time) incurred by both the Authority and the States of Jersey in terms of manpower;
  3. how the costs described in answer to parts (a) and (b) were funded and who ultimately bore the costs of all of the cases?

Answer

The three cases involving the Jersey Competition and Regulatory Authority (JCRA) are:

  • [2011] JCR181 Clear Mobitel v JCRA 22 September 2011
  • [2013] JRC238 JT (Jersey) Ltd v JCRA 29th November 2013
  • [2017] JRC091 JT v JCRA 15 June 2017

a)

Direct costs to the JCRA

The JCRA has provided information on the direct costs incurred for each of the cases:

  • The JCRA incurred direct costs of circa £142K in relation to [2011] JRC181
  • The JCRA incurred direct costs of circa £240K in relation to [2013] JRC238
  • The JCRA incurred direct costs of circa £90K in relation to [2017] JRC091 and an earlier related case which was withdrawn by JT. This was offset by £50K that was paid by JT when it withdrew its appeal for the earlier case

Direct costs to the States of Jersey

No direct costs were incurred by the States of Jersey on any of these cases.

b)

Indirect costs to the JCRA

The JCRA has also provided, where available, the total indirect costs for these three cases.

  • The JCRA does not hold information on the indirect costs in relation to [2011] JRC181
  • The JCRA incurred circa £55K of indirect costs in relation to [2013] JRC238
  • The JCRA incurred indirect costs of circa £15k in relation to [2017 JRC091

Indirect costs to the States of Jersey

This information is not available. The States of Jersey does not itemise officials' time against individual cases involving a regulator.

 c)

In all three cases both the direct and indirect costs incurred by the JCRA were funded by telecoms licensees through their licence fees.