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Jersey Case Law

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Limitation of actions

Boschat v. States Police (Chief Officer)

Boschat v. States Police (Chief Officer) [2015] 2 JLR_Note 13 (03 November 2015)

A Jersey note on whether time under the limitation of actions rules should be suspended in a claim against the Chief Officer of the States Police.

  • Running of time
  • Suspension of limitation period
  • Limitation-of-actions
  • Running-of-time
  • Suspension-of-limitation-period
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Trust law [2014] 1 JLR 182

Walker v Egerton-Vernon

Walker v Egerton-Vernon [2014] 1 JLR 182 (24 January 2014)

The court considered whether empêchement d'agir suspended prescription in a trust claim and held it did not apply before the trust company’s incorporation.

  • EmpĂŞchement d'agir
  • Prescription period
  • Breach of trust
  • Trust-law
  • Limitation-of-actions
  • Empchement-dagir
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Limitation of actions [1999] JLR 284

Boyd v Pickersgill & Le Cornu

Boyd v Pickersgill & Le Cornu [1999] JLR 284 (30 September 1999)

In a contract action, ignorance of the cause of action does not automatically suspend limitation, but may do so where that ignorance is reasonable.

  • Suspension of limitation period
  • Ignorance of cause of action
  • Limitation-of-actions
  • Contract-law
  • Suspension-of-limitation-period
  • Ignorance-of-cause-of-action
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Contract law [1999] UR 163

1999/163 - Boyd v Pickersgill and Le Cornu

1999/163 - Boyd v Pickersgill and Le Cornu [1999] UR 163 (30 September 1999)

The Court of Appeal held that a solicitor’s alleged failure to advise on licitation could, in principle, suspend prescription in contract if the client was under a practical impossibility to sue.

  • Prescription
  • Limitation periods
  • Suspension of limitation
  • Professional negligence by lawyers
  • Breach of contract
  • Professional-negligence
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Civil procedure [1999] UR 14

1999/14 - Eves v Le Main

1999/14 - Eves v Le Main [1999] UR 14 (22 January 1999)

The Court of Appeal refused leave to appeal against a strike-out order based on prescription, finding no basis to extend limitation, admit fresh evidence, or allege bias.

  • Strike out applications
  • Limitation periods
  • Leave to appeal
  • Prescription
  • Fresh evidence
  • Judicial impartiality
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Limitation of actions [1998] JLR 305

Boyd v Pickersgill & Le Cornu

Boyd v Pickersgill & Le Cornu [1998] JLR 305 (06 August 1998)

The court held that mere ignorance of a cause of action does not suspend limitation; suspension requires practical impossibility of bringing the claim in time.

  • Running of time
  • Suspension of limitation
  • EmpĂŞchement de fait
  • Prescription
  • Limitation-of-actions
  • Running-of-time
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Limitation of actions [1995] JLR 65

Maynard v Psc

Maynard v Psc [1995] JLR 65 (17 March 1995)

In this Jersey tort limitation case, the court held that prescription runs from the first date damages could be awarded, even if the latent injury was unknown.

  • Prescription period
  • Latent injury
  • Commencement of limitation period
  • Limitation-of-actions
  • Tort
  • Latent-injury
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Tort law [1993] JLR 93

Charles Church v Aviation Jersey

Charles Church v Aviation Jersey [1993] JLR 93 (16 June 1993)

The court held that for latent damage in negligence, limitation runs from when physical damage manifests, not from the negligent act, absent a special relationship.

  • Negligence
  • Latent damage
  • Limitation period
  • Tort-law
  • Limitation-of-actions
  • Latent-damage
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Limitation of actions [1978] JLR 115

Goodwin Estates (Jersey) Ltd. v Le Gros

Goodwin Estates (Jersey) Ltd. v Le Gros [1978] JLR 115 (10 July 1978)

The court held that, where failure to pay interest makes bond capital fall due, prescription for recovering the capital runs from the first missed interest payment.

  • Prescription period
  • Action on bond
  • Non-payment of interest
  • Limitation-of-actions
  • Prescription
  • Bonds
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Limitation of actions [1974] JJ 71

La Roque Methodist Chapel v Sewerage Bd.

La Roque Methodist Chapel v Sewerage Bd. [1974] JJ 71 (25 September 1974)

The court held that an offer to consider an ex gratia payment did not acknowledge liability and did not extend the limitation period.

  • Prescription period
  • Acknowledgement of liability
  • Ex gratia payment
  • Limitation-of-actions
  • Acknowledgement-of-liability
  • Ex-gratia-payments
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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.