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Jersey Case Law

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Civil procedure [2023] JRC 243

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors [2023] JRC 243 (05 December 2023)

The Jersey Royal Court granted summary judgment recognising and enforcing a Dubai judgment, rejecting natural justice and public policy objections as having no realistic prospect.

  • Enforcement of foreign judgments
  • Res judicata
  • Issue estoppel
  • Abuse of process
  • Summary judgment
  • Public policy
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Commercial law [2022] JRC 216

Monteagle International Limited and Anor v Grocery Market Research Limited and Ors

Monteagle International Limited and Anor v Grocery Market Research Limited and Ors [2022] JRC 216 (14 October 2022)

The Jersey Royal Court dismissed a challenge to joinder and service out, holding that MCG and Southern 2 were proper parties and Jersey was the suitable forum.

  • Joinder of parties
  • Service out of jurisdiction
  • Breach of contract
  • Misuse of confidential information
  • Shareholding disputes
  • Service-out-of-jurisdiction
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Civil procedure [2022] JRC 051

Monteagle Int'l Ltd and Anor v Grocery Market Research Ltd and Anor

Monteagle Int'l Ltd and Anor v Grocery Market Research Ltd and Anor [2022] JRC 051 (28 February 2022)

The Royal Court allowed joinder of three proposed third parties to a counterclaim and permitted service out on two South African companies.

  • Joinder of parties
  • Service out of jurisdiction
  • Shareholder rights
  • Breach of confidence
  • Forum conveniens
  • Joinder-of-parties
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Insolvency [2021] JCA 299

Investin Quay House Limited v BUJ Architects LLP

Investin Quay House Limited v BUJ Architects LLP [2021] JCA 299 (30 November 2021)

The Court of Appeal refused leave to appeal against refusal of an anti-suit injunction, holding the Royal Court correctly treated the matter as interlocutory.

  • Anti-suit injunctions
  • Universalism in insolvency
  • Jurisdictional competition in insolvency
  • Interlocutory relief
  • Preference claims
  • Anti-suit-injunctions
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Insolvency [2021] JRC 233

Investin Quay Architects (In Liquidation) v BUJ Architects LLP

Investin Quay Architects (In Liquidation) v BUJ Architects LLP [2021] JRC 233 (21 September 2021)

The Royal Court of Jersey refused an interim injunction restraining an English winding-up petition, allowing the English insolvency process to continue.

  • Winding-up proceedings
  • Jurisdictional conflict
  • Interim injunctions
  • Preference claims
  • Centre of main interest (comi)
  • Interim-injunctions
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Civil procedure [2021] JRC 245

Giacomini SPA v Cucchiaro

Giacomini SPA v Cucchiaro [2021] JRC 245 (16 September 2021)

The Royal Court granted interim ex parte relief by way of arrêt entre mains to help enforce an Italian compensation order against sums due to the defendant.

  • Enforcement of foreign judgments
  • Arrêt entre mains
  • Trustee fees
  • Interim relief
  • Foreign-judgment-enforcement
  • Interim-relief
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Civil procedure [2021] JRC 224

Adeem Investment Holding Company KSCH v Al-Humaidi and Ors

Adeem Investment Holding Company KSCH v Al-Humaidi and Ors [2021] JRC 224 (31 August 2021)

The Royal Court of Jersey refused to delay an answer pending a forum challenge, holding the complex case needed clarity on the defendants’ positions.

  • Extension of time
  • Forum non conveniens
  • Case management
  • Jurisdiction
  • Fiduciary duties
  • Norwich pharmacal relief
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Probate [2021] JRC 023

OM Estate 25-Jan-2021

OM Estate 25-Jan-2021 [2021] JRC 023 (25 January 2021)

The Jersey Royal Court resolved executor deadlock in an estate administration dispute, authorising delegation to Advocate Binnington and pruning further pointless enquiries.

  • Executor deadlock
  • Delegation of executor powers
  • Estate administration
  • Court directions
  • Trustee powers
  • Beneficiary interests
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Commercial law [2020] JCA 258

Energy Investments Global Limited and Heritage Oil Limited v Albion Energy Limited 14-Dec-2020

Energy Investments Global Limited and Heritage Oil Limited v Albion Energy Limited 14-Dec-2020 [2020] JCA 258 (14 December 2020)

The Court of Appeal held that a Jersey security interest survived an English judgment on the underlying debt, but the appeal succeeded on appropriation grounds.

  • Doctrine of merger
  • Enforcement of security
  • Foreign judgments
  • Contract interpretation
  • Doctrine-of-merger
  • Security-interests
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Trusts and estates [2019] JCA 150

Brakspear v Nedbank Trust (Jersey) Limited

Brakspear v Nedbank Trust (Jersey) Limited [2019] JCA 150 (30 July 2019)

Leave to appeal was refused in a trust dispute over the Westley Trust, with the Court of Appeal upholding strike-out on prescription and issue estoppel grounds.

  • Breach of trust
  • Fiduciary duty
  • Conspiracy to injure
  • Prescription (limitation)
  • Res judicata
  • Issue estoppel
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.