Hummer case could cost States

Posted Tue 6th July 2010 at 16:49

The States could be hit with a huge compensation bill after refusing to grant an import licence for a Hummer car.

In a groundbreaking civil case at the Court of Alderney, local builder Mark Maurice is challenging a decision made by former States chief executive David Jeremiah. It is the first time a judicial review application has been made in the island.

In April last year Mr Jeremiah, who retired three months ago, refused to grant Mr Maurice a licence to bring a Hummer H2 Lux to the island - despite the vehicle meeting width, length and weight guidelines issued by the States.

Advocate Iain Harris, representing Mr Maurice, said Mr Jeremiah had abused his position and made an unreasonable and unfair decision.

"A licence application is an administrative matter," said Advocate Harris. "The defendant did not have discretion to make a decision. Even if he did have discretion the decision he made was unreasonable and perverse and should be set aside.

"The import licence fee was introduced in 2003. Heavier vehicles were charged more as a deterrent to bringing them in. There is no suggestion in the law that the chief executive could exercise his own system of control.

"A licence should be issued on payment of the fees. David Jeremiah made an illegal decision."

Advocate Harris said the Hummer was similar to numerous island vehicles, including a BMW X5, which was imported last year. The car in question is 15ft 8in long and 6ft 9in wide. The maximum vehicle length in Alderney is 30ft, while the maximum width is 7ft 6in. The island's weight limit is 10t laden; the Hummer weighs less than 3t laden.

Advocate Harris said: "The vehicle has similar dimensions to a Range Rover. There are other vehicles of greater length and width in the island.

"The plaintiff expected a licence, as he has imported similar cars in the past. He would not have bought the car if he didn't expect to receive a licence."

Advocate Harris criticised Mr Jeremiah for consulting the General Services Committee on the matter.

"The Policy and Finance Committee is responsible for import licences. It is not clear why he consulted General Services.

"It is also not clear what the real reason for this vehicle being refused a licence was. The defendant seems to have pursued his own objective."

Advocate Harris said Mr Jeremiah's decision should be quashed and reconsidered. He also said Mr Maurice would seek costs.

Advocate Richard McMahon, for Mr Jeremiah, said import licences were not granted "out of right". He also said Mr Maurice's Hummer was bigger and heavier than any vehicle which had ever been imported for private use.

"Mr Jeremiah wrote to Mr Maurice and said licenses were not granted out of right. He should therefore have no legitimate expectation that one be issued.

"The Hummer is bigger and heavier than any vehicle which has been granted a licence before. Is it too much? Yes. The claim should be rejected."

Advocate McMahon said details on other cars imported were "irrelevant". He also said Mr Jeremiah had consulted the police on the matter and the General Services Committee, as it was responsible for traffic matters.

The court is expected to issue a decision in a week's time.

Jurat Steve Collins, chairman of the bench, said: "The Jurats reserve judgement, giving seven days notice, so aspects of the case can be fully discussed and considered."

31 comments on this article

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Hello | Mon 19th July 2010
Good point truthseeker but maybe a stretched limo would make a better Smokers Lounge - we could have one of those here too as I suspect the law does not specifically preclude one being imported.


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truthseeker | Fri 16th July 2010
I want to take issue with one of the comments from Pinky who refers to "the law of common sense" this is really subversive as it might just catch on- it currently has not taken a foothold on the Island and would be very dangerous if it did.


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truthseeker | Fri 16th July 2010
I hope Mr Maurice is succesful in his case so that i can open Alderneys first Hummer dealership. Hummers are usualy driven by a certain type of person- so judging by some of the above comments there should be a decent market on the Island.
Maybe Mr Maurice can put a sign "smoking lounge" on the outside of the car and drive round all the pubs at night and park on the pavement and thus provide a nice warm smokers lounge in the Winter.


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Icey | Wed 14th July 2010
We can't all have got it so wrong Anne when you are echoing what some of us has already said.


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Robert McDowall | Tue 13th July 2010
David Jeremiah was the CEO in the Turks & Caicos Islands before it was finally brought under direct rule from the UK.........I shall go no further


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Anne | Tue 13th July 2010
Now Mr Bryant. You need to get your facts right. Mr maurice did not ask a question. There was no law in place to restrict this vehicle being imported. They tried to restrict this importation after they received details of the vehicle. It did comply with weight and dimensions. Whatever your personal opinions are? He is within
his rights. As you are so opiniated!!! Why don,t stand for the states? after all!! you keep\ on writing in the media!!


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Anne | Tue 13th July 2010
You have all got it so wrong! There was no law in place when he tried to import this vehicle. As much as I would not like to see it here! There was no law in place to stop it. The C.E.O abused his position. Making the rules as you go along! It's like everything else here. If your face does,nt fit!!!


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Big wheels | Fri 9th July 2010
Now pinky ! I have been in touch with new port imports in the Uk and for your information they have been and still are importing hummers into the Uk with no problem what so ever so I don't no where you get infomation from but you are quite wrong !


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pinky | Fri 9th July 2010
You are right; the Hummer does not actually break any laws, unless we are talking about the law of basic common sense. Last time I looked Alderney did not quite resemble The Rockies, Nevada Desert or some Middle Eastern battle field, more adept for a vehicle like this. Besides you are all talking as though this guy has won!!! Let’s see what the courts decide, this case could even be closed down on the grounds of the cars excessive Co2 emissions or the Hummers zero pedestrian NCAP safety rating, (why else do you think new imports of this vehicle are banned in the UK?) Looks like the Alderney vehicle restrictions were written with HGV’s in mind which could mean that rulings on Private vehicles could be down to the rulings of the courts after all!?! I for one am looking forward to this result 


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E-nigma | Fri 9th July 2010
Pinky- you sound like a spoilt child the hummer in question does not and I repeat DOES NOT break any laws so stop whining . ( what do u drive ) that is if u are old enough to .


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dot | Thu 8th July 2010
yes this is going to cost the states of Alderney an awful lot of money, but whose fault is that. Why did the states allow this case to go to court.


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Hello | Thu 8th July 2010
Icey - is it the face that doesn't fit or the Hummer that won't fit on our roads?

You do make a good point about the law.


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Icey | Thu 8th July 2010
Pinky. You are actually laughable.


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Icey | Thu 8th July 2010
Pinky. You are actually laughable.


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Icey | Thu 8th July 2010
Rees, he wasn't asking to import anything outside what was allowed. I'm not saying that I think that Hummers are good for Alderney but once again I feel like quoting from the artical above that it was within the States approved limits. How can he be turned down? This is wrong, simple as. Alot of you are critising Mark. What about critising the law that must have been passed that allowed a Hummer to be legally imported in the first place?


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pinky | Thu 8th July 2010
Ha Ha, Icey is Marks law making mother!!! let's twist the rule books to suit ourselves!!! why not!!!


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The Analyser | Thu 8th July 2010
Sounds like a spoilt little boy shouting, screaming and trying to bully his way to a new toy. For someone who would like to have a better face on the Island why make such a stink over a stupid car. You knowingly bought this problem onto yourself, shame on you and shame on the good of the island. If you get that car, make sure you hold you head up in pride at the cost of all those around you.


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JTL@manchester | Thu 8th July 2010
Be warned I fell for this car on looks alone really. I’ve always wanted a Hummer and thought I’d go for it. I really wish I hadn’t. It’s noisy, expensive to run, and drives like a dumper truck. I’ve had mine for 5 months now and would like to get rid but I can’t afford to sell as the resale value is way too low. It’s a huge disappointment to own something that looks so fantastic but that you really don’t look forward to driving.


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JTL@manchester | Thu 8th July 2010
Be warned I fell for this car on looks alone really. I’ve always wanted a Hummer and thought I’d go for it. I really wish I hadn’t. It’s noisy, expensive to run, and drives like a dumper truck. I’ve had mine for 5 months now and would like to get rid but I can’t afford to sell as the resale value is way too low. It’s a huge disappointment to own something that looks so fantastic but that you really don’t look forward to driving.


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Rees Bryant | Thu 8th July 2010
He asked the question, and now wants to charge the taxpayers of Alderney because he did not like the answer. If he was so sure of himself, why ask?

Jeremiah was right to refuse, and took the correct advice - a Hummer is a most inappropriate vehicle for our tiny roads, as I think the vast number of residents would agree.

Before buying the vehicle it would have been wiser to ask if it could be imported.


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Rees Bryant | Thu 8th July 2010
He asked the question, and now wants to charge the taxpayers of Alderney because he did not like the answer. If he was so sure of himself, why ask?

Jeremiah was right to refuse, and took the correct advice - a Hummer is a most inappropriate vehicle for our tiny roads, as I think the vast number of residents would agree.

Before buying the vehicle it would have been wiser to ask if it could be imported.


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pinky | Thu 8th July 2010
Seeing as it’s a free country, my response to aldee & free. Talking about faces fitting in......Hummers......driven by ‘pimps’ ‘dealers’ and ‘village idiots’. So which category does this mans face fit?


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Icey | Thu 8th July 2010
Quotes from above.

'despite the vehicle meeting width, length and weight guidelines issued by the States'.

'The car in question is 15ft 8in long and 6ft 9in wide. The maximum vehicle length in Alderney is 30ft, while the maximum width is 7ft 6in. The island's weight limit is 10t laden; the Hummer weighs less than 3t laden'.

CASE CLOSED.

Whatever anyones opinion about what sort of vehicles should be allowed on the island, this is within the rules. right now. Simple. You can't make the rules up as you go along. Oh wait, The States of Alderney already has! He's not doing anything wrong. It's just that his face doesn't fit in certain circles. As he is not breaking any law, this is just a waste of time and money. How much will the 'public' be paying out to cover Mark's legal cost when this is done? Probably around a years salary for the Chief Executive or maybe even more. That's well justified isn't it? Maybe Mark should change his name to some a little less local sounding. Then he will get his Hummer.


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Free | Thu 8th July 2010
I do beleve a ferrari has already been in Alderney, but no one said anything is it just that your face has to fit or you have too drink in the right club??? this is a free country is,nt it.


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aldee | Thu 8th July 2010
Many of us have things we collect, treasure or take pride in. Mark happens to take pride in speciality vehicles, what's wrong with that? And I don't think there is any need for insulting comments...Pinky, anyway who are you? David Jeremiah's alias??


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aldee | Thu 8th July 2010
Many of us have things we collect, treasure or take pride in. Mark happens to take pride in speciality vehicles, what's wrong with that? And I don't think there is any need for insulting comments...Pinky, anyway who are you? David Jeremiah's alias??


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Fred | Wed 7th July 2010
Ok then If you would have a lots of money what car would you buy? Volvo or Ford??? I'm sure not!!


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nancy | Wed 7th July 2010
Well all these opinions sounds like you all are jealous. If he wants to have a nice car so what!!!! I would like to have this car as well it's really nice. Grow up jealous people...


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pinky | Wed 7th July 2010
What, someone wants to import a Hummer into Alderney! Who’s the village idiot, even in the UK the DVLA has declassified these stupid ‘vehicles’ and new imports are now banned.
No place for them on any UK road let alone in Alderney!!!


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The Analyser | Wed 7th July 2010
Well, no offence to Mark as I also don\'t agree with David Jeremiah’s decision, but out of basic common sense is it really necessary to have a Hummer in Alderney, what’s next a Ferrari? Don’t forget mate, in the eyes of many, you are judged by the size of the car you drive, “big car - small w***y!”


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Hello | Wed 7th July 2010
Why on earth would you want one of those on a little island with little roads? The BMW X5 looks daft enough here.


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