A COURT of Appeal decision that scuppered Brittany Ferries’ legal challenge over the government’s awarding of the Island’s ferry services contract to DFDS has been welcomed by the Economic Development Minister – who has maintained the procurement process was “fair”.
Deputy Kirsten Morel said the government could now “fully focus on ensuring the best possible freight and passenger services”, with DFDS due to begin its Jersey operations on 28 March.
The Island selected the Danish shipping giant following the collapse of a pan-island procurement process in October, when Guernsey announced it had decided to appoint Brittany Ferries – Condor’s majority owner – as its preferred bidder.
The subsequent Jersey-only tender was won by DFDS, but Brittany Ferries attempted to force a judicial review of the decision alleging “procedural unfairness and apparent bias”.
But the French ferry firm’s legal action foundered on Monday this week when the Court of Appeal dismissed the case, concluding that there was “no arguable ground for judicial review which has a realistic prospect of success which is not subject to a discretionary bar”.
It also stated that the application “was not brought sufficiently promptly”, highlighted the potential “detriment to good public administration” and the interests of DFDS and described the arguments put forward as “weak”.
Welcoming the decision, Deputy Morel said it showed Jersey’s approach to the procurement process was “fair”.
He continued: “We have steadfastly maintained that this process was conducted without bias and in good faith.
“This decision finally enables DFDS to get on with delivering superb ferry services and ends the uncertainty for Islanders and Island businesses.”
He added: “I would like to thank the courts for sitting at short notice over Christmas and the New Year, and the officers and legal team for working so hard over the holidays. We can now fully focus on ensuring the best possible freight and passenger services and securing the long-term interests of the Island, which has been our intention since the start of the process.”
In a statement, DFDS said: “The ruling confirms that the tender process was conducted fairly, and we are pleased that we can now move on and continue to focus on getting the service up and running to be ready for 28 March.”
Brittany Ferries declined to comment.
