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Jersey Case Law

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Probate [2023] JRC 187

Lakeman v Lakeman

Lakeman v Lakeman [2023] JRC 187 (19 October 2023)

The Jersey Royal Court removed an executor for delayed and obstructive estate administration, lack of independence, and failure to comply with court orders.

  • Removal of executor
  • Exceptional grounds
  • Fiduciary duties
  • Delay in administration
  • Executor's competence
  • Executor's independence
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Company law [2019] JRC 222A

Banks v Sanne Holdings Limited and Anor

Banks v Sanne Holdings Limited and Anor [2019] JRC 222A (10 December 2019)

Summary judgment was granted on a narrow basis: SHL’s 2010 accounts misaccounted for the Ivegill preference shares and breached Articles 103 and 105. Article 109 was refused.

  • Accounting records
  • Financial statements
  • Fiduciary duty
  • Breach of contract
  • Summary judgment
  • Costs
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Trusts [2018] JRC 091A

Crociani v Crociani and Ors

Crociani v Crociani and Ors [2018] JRC 091A (18 May 2018)

The Jersey Royal Court quantified equitable compensation for a trust portfolio and recovered certain intercompany loans, applying a prudent-trustee hypothetical valuation.

  • Breach of trust
  • Equitable compensation
  • Trustee duties
  • Hypothetical valuation
  • Investment management
  • Recovery of trust assets
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Trusts [2014] JRC 102D

Barclays -v- Equity

Barclays -v- Equity [2014] JRC 102D (02 May 2014)

The Royal Court of Jersey refused to strike out most claims arising from three unit trusts, holding that contractual, trustee-like, and fiduciary duties were at least arguable.

  • Unit trusts
  • Duties of trustees and managers
  • Fiduciary obligations
  • Contractual obligations
  • Statutory duties
  • Strike out applications
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Trust law [2013] JRC 023

In the matter of HHH Trust

In the matter of HHH Trust [2013] JRC 023 (30 January 2013)

The Jersey Royal Court held that a settlor with fiduciary functions was entitled to indemnity costs from the B Sub-Trust, with the beneficiary’s costs also paid from the fund.

  • Costs in trust litigation
  • Fiduciary indemnity
  • Disclosure obligations
  • Administration of trusts
  • Trust-law
  • Fiduciary-indemnity
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Trusts [2008] JRC 150

In the matter of the E, L, O and R Trusts.

In the matter of the E, L, O and R Trusts. [2008] JRC 150 (11 September 2008)

The Royal Court of Jersey held that a trustee in a plain conflict of interest should have retired by July 2006 and could not recover related fees or costs after 25 July 2006.

  • Removal of trustee
  • Conflict of interest
  • Trustee costs
  • Fiduciary duty
  • Trustee-removal
  • Conflict-of-interest
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Company law [2004] JRC 142

Papadimitriou and Lane and Partners v Quorum Manag

Papadimitriou and Lane and Partners v Quorum Manag [2004] JRC 142 (13 August 2004)

The court refused to strike out claims by a beneficial owner and her solicitors over alleged breaches of duty linked to a suspicious transaction report and costs.

  • Striking out pleadings
  • Fiduciary duties
  • Company management
  • Money laundering compliance
  • Remoteness of damage
  • Res judicata
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Parochial law [1970] JJ 1451

In re Procureurs du Bien Public of Grouville v

In re Procureurs du Bien Public of Grouville v [1970] JJ 1451 (22 June 1970)

The Royal Court of Jersey held that procureurs must follow duly considered Parish instructions even if they disagree, but may seek guidance on legality or meaning.

  • Fiduciary duties of procureurs
  • Obligations to parish assembly
  • Seeking court guidance
  • Parochial-law
  • Fiduciary-duties
  • Parish-administration
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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.