Legal power held by Port of Jersey
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WQ.459/2025
WRITTEN QUESTION TO H.M. ATTORNEY GENERAL BY DEPUTY M. TADIER OF ST. BRELADE
QUESTION SUBMITTED ON MONDAY 1st DECEMBER 2025 ANSWER TO BE TABLED ON MONDAY 8th DECEMBER 2025
Question
"Will H.M. Attorney General confirm what powers, if any, Ports of Jersey has, either in law, under the conditions of use of Jersey Airport or otherwise, to require the owners of the planes leased to Blue Islands in Jersey to pay the outstanding airport fees owed by Blue Islands to Ports of Jersey; and further will he confirm whether paragraph 7 of the Jersey Airport Conditions of Use allows Jersey Airport to pursue the owners of the aircraft to enable full recovery of all monies owed in landing fees by Blue Islands to Ports of Jersey?"
Answer
This question is ultimately a private commercial law matter for the Ports of Jersey Limited (as an arms' length organisation) and its external legal advisers.
Proper analysis of the questions posed would be heavily fact-dependent, considering various factors which include:
• how Jersey law would interact with the law of the applicable registry and/or of any mortgagee to uphold any commercial lien for unpaid fees;
• the extent to which the condition that the Operator warrants in the conditions of use that the Operator is the agent for the aircraft owner and can bind the owner is a fair condition that would be upheld, and whether, even if it is fair, it survives the bankruptcy of the Operator to bind the owner or any mortgagee.