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Jersey Case Law

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Insolvency [2024] JRC 265

Emirates NBD Bank PJSC v Almakhawi and Ors

Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 265 (04 December 2024)

The Jersey Royal Court granted Pauline relief, setting aside transfers and trust-related dispositions by RAM as made to defeat creditors while he was insolvent.

  • Fraudulent transfers
  • Asset protection
  • Creditor enforcement
  • Pauline action
  • Recognition of foreign judgments
  • Pauline-action
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Civil procedure [2024] JRC 086

Emirates NBD Bank PJSC v Almakhawi and Ors

Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 086 (12 April 2024)

The Royal Court adjourned a trial after accepting medical evidence that the First Defendant was unfit to attend and was the only live witness on key issues.

  • Adjournment of trial
  • Pauline action
  • Creditor protection
  • Medical evidence in litigation
  • Adjournment-of-trial
  • Pauline-action
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Contract law [2022] JRC 202

Hore and Anor v Valmorbida and Anor -

Hore and Anor v Valmorbida and Anor - [2022] JRC 202 (30 September 2022)

The Jersey Royal Court held that fraud vitiated consent to a Settlement Agreement in an art joint venture, setting it aside and awarding restitution and damages.

  • Fraudulent misrepresentation
  • Deceit
  • Breach of fiduciary duty
  • Vitiation of consent
  • Waiver and affirmation
  • Restitution
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Trusts and equity [2021] JRC 319

Estate of the Late J. D. Hanson

Estate of the Late J. D. Hanson [2021] JRC 319 (17 December 2021)

The Jersey Royal Court held that Mr O'Leary breached his duties as bare trustee by transferring trust assets to a non-charitable foundation and ordered equitable compensation.

  • Breach of trust
  • Fraudulent misappropriation
  • Equitable compensation
  • Charitable trusts
  • Illegality doctrine
  • Breach-of-trust
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Civil procedure [2021] JRC 242

Hore v Valmorbida

Hore v Valmorbida [2021] JRC 242 (30 September 2021)

The Royal Court held it had discretion to hand down judgment after settlement and decided to publish, citing public interest and the case’s legal significance.

  • Judicial discretion to deliver judgment after settlement
  • Fraudulent misrepresentation
  • Waiver and affirmation in contract law
  • Public interest in publication of judgments
  • Judicial-discretion-after-settlement
  • Public-interest-publication
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Criminal law [2019] JRC 079

AG v King

AG v King [2019] JRC 079 (06 May 2019)

The Jersey Royal Court sentenced the defendant to 6 years for fraudulent conversion of ÂŁ740,286, rejecting further mitigation for health and delay.

  • Fraudulent conversion
  • Breach of trust
  • Sentencing
  • Mitigation
  • Delay in prosecution
  • Corporate disqualification
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Trusts [2016] JRC 102

Dubai Islamic Bank -v- Ridley

Dubai Islamic Bank -v- Ridley [2016] JRC 102 (07 June 2016)

The court struck out Sharia-law and fraud-denial pleadings, holding they were legally unsustainable and barred by estoppel or abuse of process.

  • Tracing
  • Pauline action
  • Sharia law
  • Issue estoppel
  • Abuse of process
  • Conflict of laws
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Equity and trusts [2014] JRC 078A

Nolan -v- Minerva Trust and Others

Nolan -v- Minerva Trust and Others [2014] JRC 078A (25 March 2014)

The Royal Court of Jersey held that Minerva Trust and its officers dishonestly assisted Mr Walsh in misapplying Nolan family investment funds.

  • Dishonest assistance
  • Constructive trust
  • Resulting trust
  • Quistclose trust
  • Breach of trust
  • Prescription (limitation)
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Trust law [2013] 2 JLR 444

In re Rex Trust v

In re Rex Trust v [2013] 2 JLR 444 (31 October 2013)

The court held that bribes received by a fiduciary are held on constructive trust for the person owed the duty, and ordered the funds held for Mozambique.

  • Constructive trusts
  • Fiduciary duty
  • Bribery
  • Constructive-trusts
  • Fiduciary-duty
  • Trust-law
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Criminal law [2013] JRC 151

AG -v- Gaber

AG -v- Gaber [2013] JRC 151 (31 July 2013)

On sentence for reckless fraud and breach of trust, the Jersey Royal Court imposed 14 months' imprisonment despite mitigation, including a guilty plea and medical evidence.

  • Breach of trust
  • Fraudulent misrepresentation
  • Sentencing
  • Mitigation
  • Fraud
  • Breach-of-trust
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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.