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Jersey decisions
Decisions matching the current search
The Court of Appeal held that a spouse or heir cannot rest on lifetime advances to the extent they exceed the partie disponible of the deceased’s movable estate.
Representation of Frost [2024] JRC 166 (02 August 2024)
The Royal Court of Jersey declared Thomas Frost presumed dead, finding the evidence proved death beyond reasonable doubt under Article 7(4) of the Probate (Jersey) Law.
Representation of De Gruchy and the Parish of Trinity [2024] JRC 082 (09 April 2024)
The Royal Court held that the Clameur de Haro was wrongly raised because the Representor was not in possession of the disputed land, and ordered costs against her.
Mauger v Mauger [2023] JRC 115 (06 July 2023)
The Royal Court held that a donee may rest on lifetime advances and decline succession participation even if the advances exceed the disposable portion.
Schlaefer v Morris [2023] JRC 038 (09 March 2023)
The Royal Court granted summary judgment in a boundary and encroachment dispute, holding the Vue de Vicomte fixed the boundary, the covenant remained effective, and relief applied.
Representation of Sheppard re Powell [2021] JRC 061 (02 March 2021)
The Royal Court discharged a Clameur de Haro injunction raised by Caroline Powell, holding it could not block the Viscount from enforcing a lawful possession order.
In the matter of N (Capacity) 03-Sep-2019 [2019] JRC 170 (03 September 2019)
The Royal Court held that Jersey’s lucid-interval rule survives the Capacity and Self-Determination (Jersey) Law 2016, subject to the statutory capacity test.
Fogarty -v- St Martin's Cottage Limited [2017] JCA 096 (20 June 2017)
Leave to appeal to the Privy Council was refused in a boundary-encroachment dispute involving customary law reliefs and destination de père de famille.
Fogarty -v- St Martin's Cottage Limited [2016] JCA 180 (05 October 2016)
The Court of Appeal held that a boundary contract moved the boundary and, on the facts, destination de père de famille applied. Damages in lieu of removal were also upheld.
In the matter of Walton Degrevement [2015] JRC 003 (06 January 2015)
The Jersey Royal Court held that an undivided share in land owned in common can be hypothecated and can be the subject of dégrèvement.
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