Brittany Ferries will not be able to legally challenge Jersey's government over the ferry tender process.

The Court of Appeal has today (6 January) ruled that the parent company of current operator Condor cannot pursue a judicial review of the Economic Development Minister's decision not to award it the contract to provide the island's passenger and freight services.

It overturns a Royal Court decision of 20 December granted Brittany Ferries leave to bring judicial review proceedings on a limited basis.

The Minister and DFDS  - the firm that did win the contract after a second, fast-tracked procurement process  -  both argued action was brought too late.

The Court of Appeal has determined the French ferry firm’s complaint was “insufficiently prompt” and of 'detriment to good public administration and the safety of the island'.  It said:

"In short, we consider the Commissioner was mistaken in the approach which he took to determining the set aside application.  In our view, the application for leave was insufficiently prompt, and the grant of relief would cause substantial prejudice to the rights of DFDS and - more importantly - detriment to the good public administration and safety of the island."

A detailed judgement will be handed down in due course, but Helen Mountfield KC  - one of the three appeal judges - said in summary:

“Even if Brittany Ferries thought it had the basis for a claim, we consider that it should have been preparing its challenge at least immediately after lodging its second tender (on 27 November) and have been ready to lodge within days of the written decision of 4 December, if not on that day.”

In conclusion, the court decision said:

"It follows that the judicial review proceedings are at an end, and we set aside the grant of permission and vacate the hearing listed for 13 and 14 January 2025."

Brittany Ferries, majority owner of Condor Ferries, won the tender to operate the Guernsey routes beyond the end of March 2025.  The decision was announced on 30 October.

Jersey's government selected DFDS following a second, fast-tracked Jersey-only tender process, announcing its decision on 3 December.

In a statement on 24 December, Jersey's government said it would robustly defend its decision.

"We conducted a full and fair procurement process. The marking and evaluation were independently overseen, and DFDS won the bid by a large and clear margin."

DFDS has signed a 20 year contract with Jersey, starting 28 March 2025.  It said its timetable would be published early in the new year.

The Danish firm has welcomed the decision by the Court of Appeal. A statement reads: 

“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.”

Kirsten Morel, Sustainable Economic Development Minister has also praised the verdict:

"We welcome the Court of Appeal’s decision, which has shown that Jersey’s approach to the procurement process was fair. 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.

"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.”