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Jersey Case Law

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Commercial law [2020] JRC 147A

Albion Energy Limited v Energy Investments Global Limited and Heritage Oil Limited

Albion Energy Limited v Energy Investments Global Limited and Heritage Oil Limited [2020] JRC 147A (30 July 2020)

The Royal Court of Jersey held that Albion’s share security was sufficiently identified, merger did not extinguish its security rights, and ordered transfer and registration of the final tranche shares.

  • Security interests
  • Perfection of security
  • Doctrine of merger
  • Enforcement of security
  • Share transfer
  • Collateral identification
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Insolvency [2019] JRC 221

Kidd and Ors v All Services Group Holdings Limited and Ors 05-Nov-2019

Kidd and Ors v All Services Group Holdings Limited and Ors 05-Nov-2019 [2019] JRC 221 (05 November 2019)

The Jersey Royal Court appointed additional liquidators to investigate a claim against CarVal over alleged undervaluation of collateral, and stayed dividend proceedings.

  • Appointment/removal of liquidators
  • Valuation of collateral
  • Conflict of interest
  • Locus standi
  • Distribution of assets
  • Liquidators
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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
  • DĂ©grèvement
  • Secured creditors' rights
  • Costs in security enforcement
  • Interpretation of loi (1880) sur la propriĂ©tĂ© foncière
  • Judicial-hypothec
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Trusts [2019] JRC 102

In the matter of Bayswater Road (Holdings) Limited

In the matter of Bayswater Road (Holdings) Limited [2019] JRC 102 (04 June 2019)

The Jersey Royal Court approved a security trustee’s sale of BRHL shares under the Trusts (Jersey) Law, but held it had no jurisdiction to approve it under the Security Interests Law.

  • Court blessing of trustee decisions
  • Jurisdiction under security interests law
  • Sale of collateral
  • Commercial reasonableness
  • Trusts-law
  • Security-interests-law
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Property law [2019] JRC 004

Degrevement of the Immovable Property of Mrs Powell

Degrevement of the Immovable Property of Mrs Powell [2019] JRC 004 (17 January 2019)

The Royal Court considered what a tenant après dégrèvement must pay. It held that secured creditors’ legal costs are not covered beyond the registered debt and three years’ interest.

  • DĂ©grèvement procedure
  • Judicial hypothec
  • Secured creditor rights
  • Tenant après dĂ©grèvement obligations
  • Legal costs in enforcement
  • Interest on secured debts
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Commercial law [2018] JRC 204

Solutus Advisors Ltd & Anor v Aurium Real Estate London Ultra Prima Ltd

Solutus Advisors Ltd & Anor v Aurium Real Estate London Ultra Prima Ltd [2018] JRC 204 (07 November 2018)

The Royal Court refused summary judgment over a disputed invoice, finding factual and legal issues needed a trial. It made conditional orders for security for costs and joinder of BRHL.

  • Summary judgment
  • Security interest
  • Implied terms
  • Breach of contract
  • Conflict of interest
  • Security for costs
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Property law [2013] JRC 231

Representation of Christopher Ernest Inns

Representation of Christopher Ernest Inns [2013] JRC 231 (22 November 2013)

The court allowed Hayfield Limited to sell its property to repay a loan, held a purported director appointment invalid, and declared the loan discharged on payment.

  • Sale of property
  • Security interests
  • Powers of attorney
  • Director appointment and removal
  • Loan repayment
  • Power-of-attorney
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Property law [2007] JCA 228

Ansbacher v HSBC Bank PLC

Ansbacher v HSBC Bank PLC [2007] JCA 228 (04 December 2007)

The Court of Appeal held that a later judgment for the same debt destroyed the earlier judicial hypothec and its priority under the 1880 property law.

  • Judicial hypothecs
  • Priority of security interests
  • Interpretation of statutory provisions
  • Registration of judgments
  • DegrĂ©vement procedure
  • Judicial-hypothec
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Property law [2007] JRC 167

HSBC v Ansbacher (CI) Ltd

HSBC v Ansbacher (CI) Ltd [2007] JRC 167 (05 September 2007)

The Jersey Royal Court held that registering a later judgment for the same debt extinguished an earlier judicial hypothec, so only the October 2006 hypothec survived.

  • Judicial hypothec
  • Priority of charges
  • Registration of judgments
  • DegrĂ©vement
  • Judicial-hypothec
  • Priority-of-charges
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Commercial law [2003] JRC 039

EMTV v Bayerische Landesbank

EMTV v Bayerische Landesbank [2003] JRC 039 (20 February 2003)

The court held that events of default under a Jersey security agreement may be specified by incorporation by reference, so long as they are clearly identifiable and unambiguous.

  • Security interests
  • Statutory interpretation
  • Incorporation by reference
  • Security-interests
  • Statutory-interpretation
  • Incorporation-by-reference
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.