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Jersey Case Law

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Civil procedure [2024] JRC 159

Mitchell Building Contractors Limited v Long

Mitchell Building Contractors Limited v Long [2024] JRC 159 (24 July 2024)

The Royal Court allowed a building company to amend its claim to plead a partnership and join the lender couple as defendants, with costs ordered against the applicant.

  • Amendment of pleadings
  • Partnership liability
  • Striking out applications
  • Overriding objective
  • Amendment-of-pleadings
  • Partnership-law
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Trusts [2021] JRC 002

Representation of Kaupthing EHF 07-Jan-2021

Representation of Kaupthing EHF 07-Jan-2021 [2021] JRC 002 (07 January 2021)

The Jersey Court removed Carta Capital GP 1 Limited as liquidating trustee of a limited partnership and appointed new trustees after prolonged failure to progress the liquidation.

  • Removal of trustee
  • Appointment of trustee
  • Jurisdiction
  • Liquidation
  • Beneficiary welfare
  • Removal-of-trustee
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Partnership law [2020] JRC 119

IQ EQ 1986 Limited v Agilitas 2013 Private Equity GP Limited and Ors

IQ EQ 1986 Limited v Agilitas 2013 Private Equity GP Limited and Ors [2020] JRC 119 (23 June 2020)

The Royal Court of Jersey held that a limited partner’s inspection right under Article 13(1)(a) extends beyond Article 8(4) records to all partnership records, subject to a reasonableness-based approach to enforcement.

  • Limited partnership rights
  • Inspection of partnership records
  • Disclosure obligations
  • Fiduciary duties
  • Statutory interpretation
  • Limited-partnership-rights
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Contract law [2014] JRC 208

Rokos -v- Brevan Howard (Jersey) LP

Rokos -v- Brevan Howard (Jersey) LP [2014] JRC 208 (29 October 2014)

The Royal Court ordered Brevan Howard's strike out application to be heard with the main trial, because the restraint-of-trade issue may depend on factual evidence.

  • Restraint of trade
  • Partnership restrictions
  • Enforceability of covenants
  • Public policy
  • Restraint-of-trade
  • Partnership-law
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Partnership law [2006] JLR 299

Cannon v Nicol

Cannon v Nicol [2006] JLR 299 (28 June 2006)

A Jersey partnership case holding that, absent a fixed term or termination clause, a partnership may be ended at any time if done in good faith and not for personal gain.

  • Termination of partnership
  • Good faith
  • Timing of termination
  • Partnership-law
  • Termination-of-partnership
  • Good-faith
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Commercial law [2006] JRC 089A

Cannon -v- Nicol and Nicol 28-Jun-2006

Cannon -v- Nicol and Nicol 28-Jun-2006 [2006] JRC 089A (28 June 2006)

The Jersey Royal Court found a partnership existed in Total Recycling and Total Skip Services, but rejected a proprietary claim to the property.

  • Partnership formation
  • Proprietary estoppel
  • Business tenancies
  • Joint venture
  • Accounting for partnership assets
  • Partnership-law
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Partnership law [2005] JLR 125

Bennett v Lincoln

Bennett v Lincoln [2005] JLR 125 (16 March 2005)

The court stated that a partnership requires consensus ad idem plus contribution, common benefit, shared profit, and a lawful, honest business purpose.

  • Partnership creation
  • Consensus ad idem
  • Profit sharing
  • Lawful business
  • Partnership-law
  • Partnership-formation
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Contract law [2005] JRC 029A

Bennett v Lincoln

Bennett v Lincoln [2005] JRC 029A (16 March 2005)

The Jersey Royal Court held there was no partnership in the Blue Collar business, no binding compromise agreement, and no estoppel preventing denial of either.

  • Existence of partnership
  • Estoppel by representation
  • Compromise agreement
  • Quantum meruit
  • Partnership-law
  • Estoppel-by-representation
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Civil procedure [2004] JRC 191

Cannon v Nicol

Cannon v Nicol [2004] JRC 191 (02 November 2004)

The Royal Court refused to strike out a partnership dispute for delay, ordered further particulars on an allegation of conversion, and granted directions to proceed.

  • Striking out actions
  • Extension of time
  • Pleading requirements
  • Conversion
  • Partnership disputes
  • Civil-procedure
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Arbitration [2001] JRC 112

Emans v Jumpertz

Emans v Jumpertz [2001] JRC 112 (18 May 2001)

The Jersey Royal Court held that a partnership clause was a valid arbitration agreement and stayed proceedings under the Arbitration (Jersey) Law 1998.

  • Arbitration agreement validity
  • Jurisdiction clauses
  • Interpretation of partnership agreements
  • Stay of proceedings
  • Arbitration-agreement
  • Stay-of-proceedings
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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.