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Jersey Case Law

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Criminal law [2015] JRC 186

AG -v- Rosenlund and FNB International Trustees Ltd

AG -v- Rosenlund and FNB International Trustees Ltd [2015] JRC 186 (09 September 2015)

The Royal Court held that, for registering an external confiscation order, Jersey law is applied as at the date of application, not the date of the conduct.

  • Confiscation orders
  • Retrospective legislation
  • Dual criminality
  • Human rights
  • Enforcement of foreign judgments
  • Confiscation-orders
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Civil procedure [2015] JRC 058A

Hughes -v- Minister for Economic Development

Hughes -v- Minister for Economic Development [2015] JRC 058A (20 March 2015)

Leave to appeal was refused in a harbour-fees dispute over a vessel sold by auction. The court held the claim was prescribed and no empĂŞchement de fait applied.

  • Leave to appeal
  • Locus standi
  • Limitation period
  • EmpĂŞchement de fait
  • Breach of statutory duty
  • Ownership of property
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Competition law [2014] JRC 217

Classic Herd Ltd -v- Jersey Milk Marketing Board

Classic Herd Ltd -v- Jersey Milk Marketing Board [2014] JRC 217 (11 November 2014)

The Jersey Royal Court held that Classic Herd’s claims were prescribed as breach of statutory duty claims, dismissed the appeal, allowed the cross-appeal, and struck out the order of justice.

  • Limitation periods
  • Breach of statutory duty
  • Contract vs statutory regime
  • Quasi contract
  • Declaratory relief
  • Limitation-periods
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Criminal law [2009] JRC 176

AG -v- De Sousa Freitas

AG -v- De Sousa Freitas [2009] JRC 176 (08 September 2009)

The Jersey Royal Court held that Article 98 of the 2003 Law applied only to Royal Court proceedings, so the Magistrate’s Court could not permit live television-link evidence from outside Jersey.

  • Television link evidence
  • Jurisdiction of magistrate's court
  • Statutory construction
  • Absurdity in statutory interpretation
  • Statutory-interpretation
  • Criminal-evidence
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Criminal law [2009] JCA 175

Warren and Others v AG

Warren and Others v AG [2009] JCA 175 (04 September 2009)

The Court of Appeal held that a 2009 Jersey law did not retrospectively बदल the defendants’ already-elected jury trial for conspiracy to evade drug import controls.

  • Mode of trial
  • Retroactivity
  • Statutory offences
  • Customary law offences
  • Right to elect jury trial
  • Criminal-procedure
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Criminal law [2009] JRC 166

AG v Warren and Others

AG v Warren and Others [2009] JRC 166 (19 August 2009)

The Jersey Royal Court held that Article 1 of the Criminal Offences (Jersey) Law 2009 requires pre-commencement conspiracy defendants to be tried by judge and jurats, not jury.

  • Mode of trial
  • Retrospective application
  • Inchoate offences
  • Customary law
  • Statutory-interpretation
  • Mode-of-trial
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Criminal law [2004] JRC 168A

AG v Smith

AG v Smith [2004] JRC 168A (23 September 2004)

The Royal Court held that Article 3(2) of Jersey’s Proceeds of Crime Law does not bar confiscation for post-Law offences simply because the indictment also includes pre-Law offences.

  • Confiscation orders
  • Proceeds of crime
  • Retrospective legislation
  • Statutory construction
  • Confiscation-orders
  • Proceeds-of-crime
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Criminal law [2000] JRC 65

Representation of Leigh Francis Mauger

Representation of Leigh Francis Mauger [2000] JRC 65 (12 April 2000)

The Royal Court held that a detention order for suspected drug money had expired before renewal, so later orders were invalid and forfeiture could not proceed.

  • Drug trafficking
  • Detention of money
  • Statutory time limits
  • Forfeiture
  • Statutory-interpretation
  • Drug-trafficking
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Statutory interpretation [1999] JLR 256

Shirley v Deputy Viscount

Shirley v Deputy Viscount [1999] JLR 256 (30 September 1999)

The case addresses when subsidiary legislation may be used to interpret a statute, holding that such rules can aid interpretation where the statute is ambiguous.

  • Reference to subsidiary legislation
  • Interpretation of statutes
  • Use of rules in statutory interpretation
  • Statutory-interpretation
  • Subsidiary-legislation
  • Jersey-law-reports
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Criminal law [1974] JJ 105

Att. Gen v Howard

Att. Gen v Howard [1974] JJ 105 (04 October 1974)

The court held that omissions in criminal and penal statutes are not supplied by the court, and no penalty may be imposed unless the wording clearly requires it.

  • Interpretation of penal statutes
  • Legislative intent
  • Strict construction
  • Imposition of penalties
  • Statutory-interpretation
  • Criminal-law
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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.