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Jersey Case Law

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Landlord and tenant [2023] JRC 091

Jersey Online Traders Limited v The Public of the Island of Jersey

Jersey Online Traders Limited v The Public of the Island of Jersey [2023] JRC 091 (01 June 2023)

The Royal Court dismissed Jersey Online Traders Limited’s appeal, holding that the lease was breached when illegal activity was permitted on the premises.

  • Breach of lease
  • Illegal use of premises
  • Corporate veil
  • Money laundering
  • Breach-of-lease
  • Illegal-use-of-premises
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Civil procedure [2022] JRC 260

Waterfront LC Limited v Cine-UK Limited

Waterfront LC Limited v Cine-UK Limited [2022] JRC 260 (28 November 2022)

The Royal Court refused to bar Cine UK Limited’s appeal for non-payment of £100,000 costs on account, accepting its Chapter 11 stay argument as a reason for non-payment.

  • Summary judgment
  • Costs orders
  • Debarring orders
  • Bankruptcy stay
  • Enforcement of court orders
  • Civil-procedure
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Landlord and tenant [2022] JRC 212

Waterfront (LC) Limited v Cine UK Limited

Waterfront (LC) Limited v Cine UK Limited [2022] JRC 212 (11 October 2022)

The Royal Court granted summary judgment for the landlord, holding the tenant remained liable for rent and charges during COVID-19 closure and restriction periods.

  • Rent arrears during covid-19 pandemic
  • Force majeure and frustration
  • Implied terms in leases
  • Government covid-19 restrictions
  • Insurance obligations under lease
  • Covid-19-rent-arrears
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Landlord and tenant [2020] JRC 130

Andrews v Suisse Hotel Limited

Andrews v Suisse Hotel Limited [2020] JRC 130 (06 July 2020)

The appeal was dismissed. The court found the tenant had a fair chance to be heard, the tenancy was breached by significant rent underpayment, and eviction was justified.

  • Residential tenancy
  • Eviction
  • Arrears of rent
  • Right to be heard
  • Covid-19 impact
  • Residential-tenancy
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Landlord and tenant [2019] JRC 217

Lloyds Pharmacy Limited v Le Falher-Le Bourser and Anor 30-Oct-2019

Lloyds Pharmacy Limited v Le Falher-Le Bourser and Anor 30-Oct-2019 [2019] JRC 217 (30 October 2019)

The court refused an adjournment, granted summary judgment for rent arrears under a sub-lease, and ordered indemnity costs after finding no triable defence.

  • Summary judgment
  • Lease arrears
  • Guarantor liability
  • Indemnity costs
  • Adjournment applications
  • Summary-judgment
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Contract law [2019] JRC 054

Smith and Bracken-Smith v Jersey Oak Limited 01-04-2019

Smith and Bracken-Smith v Jersey Oak Limited 01-04-2019 [2019] JRC 054 (01 April 2019)

The Jersey Royal Court rejected claims that a commercial lease was void for misrepresentation or dol, and declined to cancel it despite some unauthorised works.

  • Lease cancellation
  • Misrepresentation
  • Breach of lease
  • Implied terms
  • Planning law compliance
  • Lease-cancellation
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Landlord and tenant [2017] JCA 183

Hong Kong Foods Ltd -v- Robin Hood

Hong Kong Foods Ltd -v- Robin Hood [2017] JCA 183 (03 November 2017)

The Court of Appeal dismissed Mr Gibbons’ personal appeal and stayed the company appeal unless Hong Kong Foods is restored to the register.

  • Implied terms
  • Breach of lease
  • Assignment of lease
  • Termination of lease
  • Misrepresentation
  • Landlord-and-tenant
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Tax law [2015] JRC 009

Pearce -v- Treasurer of the States

Pearce -v- Treasurer of the States [2015] JRC 009 (15 January 2015)

Leave to appeal was refused because GST liability on the lease rental had already been determined, leaving no arguable ground of appeal.

  • Goods and services tax (gst) liability
  • Summary judgment
  • Leave to appeal
  • Natural justice
  • European convention on human rights
  • Goods-and-services-tax
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Civil procedure [2014] JRC 187

Hong Kong Foods Ltd and Another -v- Robin Hood and Another

Hong Kong Foods Ltd and Another -v- Robin Hood and Another [2014] JRC 187 (29 September 2014)

The Royal Court of Jersey allowed a delayed action to continue despite a breach of procedural rules, but ordered the plaintiffs to pay costs on the standard basis.

  • Strike out for want of prosecution
  • Assignment of lease
  • Delay in prosecution
  • Counterclaim
  • Mediation
  • Costs sanctions
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Arbitration [2013] JRC 059

Jersey Sports -v- Barclays Private

Jersey Sports -v- Barclays Private [2013] JRC 059 (14 March 2013)

The Royal Court refused leave to appeal an arbitration award on dilapidations damages and costs, holding the arbitrator made no legal error and acted reasonably.

  • Measure of damages
  • Costs in arbitration
  • Refusal to mediate
  • Diminution in value
  • Repair covenants
  • Arbitration-appeals
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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.