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Jersey Case Law

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Civil procedure [2018] JRC 065

Smith -v- SWM Limited

Smith -v- SWM Limited [2018] JRC 065 (23 March 2018)

The court limited expert evidence in a low-value investment negligence claim, allowing one expert per side and one independent regulatory report witness for the plaintiff.

  • Expert evidence
  • Case management
  • Proportionality of proceedings
  • Admissibility of reports
  • Expert-evidence
  • Case-management
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Financial services regulation [2017] JRC 167

Smith -v- SWM Limited

Smith -v- SWM Limited [2017] JRC 167 (11 October 2017)

The court refused summary judgment in a negligent investment advice claim and held the Grant Thornton and Duff and Phelps reports admissible, with weight for trial.

  • Admissibility of expert evidence
  • Summary judgment
  • Investment advice standards
  • Hearsay evidence
  • Summary-judgment
  • Expert-evidence
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Financial services regulation [2016] 1 JLR 65

SWM Ltd. v. Jersey Fin. Servs. Commn.

SWM Ltd. v. Jersey Fin. Servs. Commn. [2016] 1 JLR 65 (21 January 2016)

The court held that a payment for expert evidence responding to regulatory action could fall within the ordinary course of business, depending on the facts.

  • Directions by regulatory authority
  • Ordinary course of business
  • Payments for expert evidence
  • Financial-services-regulation
  • Ordinary-course-of-business
  • Regulatory-directions
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Administrative law [2015] JCA 060

W -v- Jersey Financial Services Commission

W -v- Jersey Financial Services Commission [2015] JCA 060 (26 March 2015)

The Court of Appeal refused leave to appeal, holding that the Master and Commissioner had properly limited disclosure in an administrative appeal against regulatory sanctions.

  • Disclosure of documents
  • Case management discretion
  • Human rights (article 6 echr)
  • Principles of administrative appeals
  • Confidentiality and restricted information
  • Administrative-appeals
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Administrative law

W v The Jersey Financial Services Commission

The Court of Appeal refused W leave to appeal, holding there was no real prospect of success and no basis to order broader disclosure in the administrative appeal.

  • Discovery and disclosure
  • Leave to appeal
  • Fairness and natural justice
  • Reasonableness review
  • Confidential information
  • Administrative-law
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Financial services regulation

Att. Gen. v Bell

Att. Gen. v Bell [2005] JLR_Note 42 (13 October 2005)

A Jersey financial services enforcement note holding that Bell breached anti-money laundering procedural obligations.

  • Anti-money laundering
  • Compliance breach
  • Anti-money-laundering
  • Financial-services-regulation
  • Compliance-breach
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Financial services regulation [2003] JRC 172

Interface Management Limited, Interface Trustees, Interface Secretaries Limited and Rosenthal -v- JFSC

Interface Management Limited, Interface Trustees, Interface Secretaries Limited and Rosenthal -v- JFSC [2003] JRC 172 (06 October 2003)

Appeal against refusal to register a trust company business dismissed. The court found the Commission acted fairly and its decision was not unreasonable.

  • Trust company registration
  • Procedural fairness
  • Fit and proper person test
  • Codes of practice compliance
  • Procedural-fairness
  • Administrative-law
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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.