Jersey Judgment

MacFirbhisigh v C.I. Trustees [2014] 1 JLR 244 (05 February 2014)

Tort Deceit Curatorship Financial Advisers Liability

Citation: [2014] 1 JLR 244
Status: Judgment
Jurisdiction: Jersey
Posture: Tort / Judgment

More details

Posture: Tort / Judgment

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Professional case brief

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Source document

Holding and result

A plaintiff under curatorship cannot allege deceit against financial advisers for transactions conducted by a curator, as the plaintiff could not have relied on the advisers' representations.

Court disposition

claim dismissed

Material facts

Parties

MacFirbhisigh

Plaintiff

C. I. Trustees

Defendant

Procedural history

Posture

Tort / Judgment

Questions and positions

Legal issues

Whether a plaintiff under curatorship can allege deceit against financial advisers for transactions conducted by a curator

Party arguments

Applicant: Plaintiff alleged financial loss resulting from sale of property and transfer of proceeds into trust, claiming deceit by financial advisers.
Respondent: Defendant argued plaintiff could not have relied on their representations as transactions were conducted by the curator.

Court’s reasoning

Legal principles

01
2014 (1) JLR 244

Plaintiff under curatorship cannot allege deceit against financial advisers if transactions were conducted by curator, as reliance on representations is absent.

Ratio, limits and disposition

Ratio decidendi

A plaintiff under curatorship cannot allege deceit against financial advisers for transactions conducted by a curator, as the plaintiff could not have relied on the advisers' representations.

Court disposition

claim dismissed

Source and reliance status

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Judgment text

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Court record

Judgment

[2014] 1 JLR 244

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