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Tort [2019] JRC 051

Verga v Nedbank Private Wealth Ltd and Ors

Verga v Nedbank Private Wealth Ltd and Ors [2019] JRC 051 (28 March 2019)

The Royal Court struck out a plaintiff’s tort claim as time-barred and, alternatively, because the pleaded allegations were protected by absolute privilege and statutory immunity.

  • Limitation period
  • Absolute privilege
  • Immunity
  • Negligent misstatement
  • Malicious prosecution
  • Duty of care
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Tort [2015] JRC 220A

Boschat -v- Chief of States of Jersey Police

Boschat -v- Chief of States of Jersey Police [2015] JRC 220A (03 November 2015)

The Royal Court of Jersey struck out Mr Boschat’s claims against the States of Jersey Police as time-barred, finding empêchement did not suspend prescription.

  • Limitation of actions
  • Misfeasance in public office
  • Unlawful interference with contractual relations
  • Defamation
  • Abuse of process
  • Prescription (empĂŞchement)
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Insolvency [2014] JRC 063

Viscount of the Royal Court -v- Pitman

Viscount of the Royal Court -v- Pitman [2014] JRC 063 (12 March 2014)

The Royal Court held that a bare right of appeal is not separate property and that a defamation claim is a personal claim that did not vest in the Viscount.

  • Vesting of property in bankruptcy
  • Personal claims in insolvency
  • Right of appeal
  • Directions to viscount
  • Standing of creditors
  • Insolvency
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Civil procedure [2013] JCA 236

Pitmans -v- JEP and 1st Jersey Limited

Pitmans -v- JEP and 1st Jersey Limited [2013] JCA 236 (27 November 2013)

The Court of Appeal dismissed a renewed application for leave to appeal out of time in a defamation case, finding the delay unjustified and the bias claims unpersuasive.

  • Leave to appeal out of time
  • Judicial bias
  • Defamation
  • Role of jurats
  • Procedural delay
  • Leave-to-appeal-out-of-time
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Civil procedure [2013] JCA 218

Pitman and Pitman -v- JEP Ltd and 1st Jersey Ltd

Pitman and Pitman -v- JEP Ltd and 1st Jersey Ltd [2013] JCA 218 (12 November 2013)

A single judge of the Jersey Court of Appeal refused applications to call a jurat and the Bailiff, to obtain disclosure, and to file most new documents.

  • Extension of time to appeal
  • Recusal of judge
  • Bias
  • Adducing new evidence
  • Disclosure
  • Defamation
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Defamation [2013] JRC 213A

Pitman -v- Jersey Evening Post

Pitman -v- Jersey Evening Post [2013] JRC 213A (04 November 2013)

The court declined to continue an interim injunction preventing publication of a factual article about threatening letters, and ordered costs against the plaintiffs.

  • Interim injunction
  • Publication
  • Defamatory statements
  • Court proceedings influence
  • Interim-injunction
  • Defamation
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Defamation [2012] JRC 092

Pitman -v- Jersey Evening Post and 1st Jersey Ltd

Pitman -v- Jersey Evening Post and 1st Jersey Ltd [2012] JRC 092 (10 May 2012)

The Jersey Royal Court held that a Christmas cartoon in the Jersey Evening Post was not defamatory of the Pitmans, either naturally or by innuendo.

  • Libel
  • Defamatory meaning
  • Innuendo
  • Freedom of expression
  • Threshold of seriousness
  • Political satire
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Tort [2012] 1 JLR 308

Pitman v Jersey Evening Post

Pitman v Jersey Evening Post [2012] 1 JLR 308 (26 March 2012)

Defamation appeal on innuendo evidence: witnesses may prove extrinsic facts supporting the pleaded meaning, but not testify to the meaning they understood.

  • Innuendo
  • Evidence
  • Meaning of published words
  • Defamation
  • Meaning-of-publication
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Defamation [2012] JRC 069

Pitman -v- Jersey Evening Post and 1st Jersey Ltd

Pitman -v- Jersey Evening Post and 1st Jersey Ltd [2012] JRC 069 (26 March 2012)

In a defamation directions hearing, the court held that plaintiffs may prove extrinsic facts for innuendo meaning, but not witness views on the meaning.

  • Innuendo meaning
  • Admissibility of evidence
  • Extrinsic facts
  • Libel
  • Interpretation of defamatory meaning
  • Defamation
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Civil procedure [2001] JCA 241

Brown v Barclays Bank

Brown v Barclays Bank [2001] JCA 241 (04 December 2001)

The Jersey Court of Appeal refused leave to appeal against the exclusion of a very late amendment and further documents in a defamation case, upholding case-management discretion.

  • Late amendment of pleadings
  • Judicial discretion
  • Case management
  • Adjournment
  • Balance of justice
  • Late-amendment-of-pleadings
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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.