Brittany Ferries loses bid to bring legal action against Jersey government

Brittany Ferries has failed to bring legal action against Jersey's Minister for Sustainable Economic Development over his handling of the ferry tender saga.

The French company accused Deputy Kirsten Morel of bias and believed the Jersey-only tender process was geared towards DFDS Seaways.

The Danish company ended up securing a 20-year contract to run passenger and freight services for the island.

Brittany Ferries also questioned the legality of the government's decision to abandon the joint-tender process with Guernsey in their application for a judicial review.

The Court of Appeal, however, considered their arguments "weak", stating in their judgement: "We do not consider it arguable that the Minister was in breach of any duty to give reasons for terminating the first tender process.

"Accordingly, we do not consider the second process was tainted by procedural unfairness for his failure to do so.

"There is no arguable ground for judicial review."

Danish firm DFDS joined the Minister in appealing against Brittany Ferries' attempt at legal action.

Filip Hermann from the Danish company said they risked losing "substantial revenues" should the judicial review have stopped them from being able to offer sailings.

Brittany Ferries is now expected to have to pay the legal costs.

The court said: "We are presently minded to award the costs of and associated by this appeal to the Minister and to DFDS as the successful appellants."

Brittany Ferries is now expected to appeal the court's decision to the Privy Council.

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