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Jersey Case Law

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Company law [2024] JCA 071

Aston Martin Lagonda Ltd v Ferguson and Ors

Aston Martin Lagonda Ltd v Ferguson and Ors [2024] JCA 071 (22 April 2024)

The Court of Appeal upheld a just and equitable winding up of AMWS Limited, rejecting challenges based on deadlock, substratum, alternative remedies and new evidence.

  • Just and equitable winding up
  • Deadlock
  • Loss of substratum
  • Breakdown of trust and confidence
  • Alternative remedies
  • Quasi-partnership
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Company law [2023] JRC 250

Representation of Ferguson and Anor re AMWS Limited

Representation of Ferguson and Anor re AMWS Limited [2023] JRC 250 (14 December 2023)

The Jersey Royal Court ordered the winding up of AMWS Limited under Article 155, finding an impasse, loss of substratum, and breakdown of trust and confidence.

  • Just and equitable winding up
  • Deadlock
  • Loss of substratum
  • Breakdown of trust and confidence
  • Corporate quasi-partnerships
  • Just-and-equitable-winding-up
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Company law [2023] JRC 103

Representation of Hamburg Commercial Bank AG and Ors re HCOB Structured Situations Limited

Representation of Hamburg Commercial Bank AG and Ors re HCOB Structured Situations Limited [2023] JRC 103 (22 June 2023)

The Jersey Royal Court wound up HCOB Structured Situations Limited on just and equitable grounds and appointed joint liquidators to investigate its affairs.

  • Winding up on just and equitable grounds
  • Corporate governance
  • Improper payments
  • Appointment of liquidators
  • Just-and-equitable-winding-up
  • Appointment-of-liquidators
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Company law [2023] JRC 051

Representation of Daisy Logistics Mezz Pledgeco Limited and Ors

Representation of Daisy Logistics Mezz Pledgeco Limited and Ors [2023] JRC 051 (29 March 2023)

The Royal Court ordered three dormant Jersey companies wound up on a just and equitable basis because their shareholders had been dissolved and summary winding up was unavailable.

  • Just and equitable winding up
  • Dissolution of companies
  • Absence of shareholders
  • Summary winding up procedures
  • Just-and-equitable-winding-up
  • Dormant-companies
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Company law [2021] JRC 249

Representation of Abdallah

Representation of Abdallah [2021] JRC 249 (05 October 2021)

The Jersey Royal Court ordered a just and equitable winding up after finding the applicant had been deliberately kept in the dark about a transfer of the company’s main asset.

  • Just and equitable winding up
  • Director duties
  • Shareholder rights
  • Ratification of director conduct
  • Valuation of company assets
  • Disclosure and concealment of material facts
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Property law [2021] JRC 061

Representation of Sheppard re Powell

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.

  • Clameur de haro
  • Remise des biens
  • Cession générale
  • Dégrèvement
  • Eviction
  • Injunctions
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Company law

In the matter of Representation of Lydian International Limited and in the matter of the Companies (Jersey) Law 1991 and in the matter of a Letter of Request from the Ontario Superior Court of Justice

The Royal Court ordered Lydian International Limited wound up on a just and equitable basis, holding that the company had lost its substratum after the Ontario-approved restructuring plan.

  • Just and equitable winding up
  • Lost substratum
  • Comity
  • Recognition of foreign restructuring proceedings
  • Ancillary orders
  • Just-and-equitable-winding-up
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Insolvency law

In the Matter of the Representation of Anthony John Wright and Alastair Rex Massey in the Matter of Monsoon Accessorize Limited (in administration) and Accessorize Limited (in administration)

The Royal Court recognized English administrators of Monsoon and Accessorize and gave limited assistance under Article 49 to support Jersey lease surrender and employment novation.

  • Recognition of foreign administrators
  • Assistance pursuant to article 49
  • Comity
  • Lease surrender
  • Novation of employment contracts
  • Cross-border-insolvency
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Insolvency law

Wells Fargo Bank N.A., London Branch v Intu Merry Hill limited

The Royal Court issued a Letter of Request to the High Court in England and Wales to seek an administration order for Intu Merry Hill Limited under section 426.

  • Letter of request
  • Administration order
  • Cross-border insolvency assistance
  • Inherent jurisdiction
  • Section 426 insolvency act 1986
  • Company insolvency
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Property law [2019] JCA 101

Representation of O Passmore and J Melia re degrevement of C Powell

Representation of O Passmore and J Melia re degrevement of C Powell [2019] JCA 101 (07 June 2019)

The Court of Appeal held that a judicial hypothec can secure properly chargeable contractual costs if the agreement makes them accessory to the debt.

  • Judicial hypothec
  • Dégrèvement
  • Secured creditors' rights
  • Costs in security enforcement
  • Interpretation of loi (1880) sur la propriété foncière
  • Judicial-hypothec
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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.