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Civil procedure [2021] JRC 109

Strang and Ors v de Bourbon des Deux Siciles 08-Apr-2021

Strang and Ors v de Bourbon des Deux Siciles 08-Apr-2021 [2021] JRC 109 (08 April 2021)

The Royal Court struck out the defendant’s counterclaim, granted summary judgment for the plaintiffs, and refused leave to amend, holding the pleading failed to show causation or loss.

  • Amendment of pleadings
  • Unless orders
  • Summary judgment
  • Strike out applications
  • Loss of chance
  • Legal representation
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Civil procedure [2020] JRC 178

Strang and Ors v de Bourbon des Deux Siciles

Strang and Ors v de Bourbon des Deux Siciles [2020] JRC 178 (07 September 2020)

The Royal Court refused to strike out a counterclaim against solicitors, holding the pleaded loss from lack of representation was arguable and could be particularised further.

  • Strike out applications
  • Loss of chance
  • Legal adviser liability
  • Pleading standards
  • Strike-out-applications
  • Professional-negligence
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Civil procedure [2018] JRC 065

Smith -v- SWM Limited

Smith -v- SWM Limited [2018] JRC 065 (23 March 2018)

The court limited expert evidence in a low-value investment negligence claim, allowing one expert per side and one independent regulatory report witness for the plaintiff.

  • Expert evidence
  • Case management
  • Proportionality of proceedings
  • Admissibility of reports
  • Expert-evidence
  • Case-management
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Financial services regulation [2017] JRC 167

Smith -v- SWM Limited

Smith -v- SWM Limited [2017] JRC 167 (11 October 2017)

The court refused summary judgment in a negligent investment advice claim and held the Grant Thornton and Duff and Phelps reports admissible, with weight for trial.

  • Admissibility of expert evidence
  • Summary judgment
  • Investment advice standards
  • Hearsay evidence
  • Summary-judgment
  • Expert-evidence
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Civil procedure [2017] JRC 038

Booth -v- Collas Crill

Booth -v- Collas Crill [2017] JRC 038 (06 March 2017)

Costs decision after a strike out application was dropped when the plaintiff amended his pleadings. The court apportioned costs between both parties.

  • Costs
  • Strike out applications
  • Pleadings amendment
  • Legal professional duty
  • Strike-out-applications
  • Pleadings-amendment
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Trusts [2015] JRC 233

MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2015] JRC 233 (17 November 2015)

Jersey trust dispute over advice, asset transfers, and trust administration, involving claims for negligent misstatement, fiduciary breach, breach of trust, and dishonest assistance.

  • Breach of fiduciary duty
  • Negligent misstatement
  • Breach of trust
  • Dishonest assistance
  • Prescription (limitation)
  • Trusts
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Civil procedure [2015] JRC 182

Davey and Chawke -v- Tredant

Davey and Chawke -v- Tredant [2015] JRC 182 (04 September 2015)

The Royal Court refused the defendant’s application to join former law-firm partners as third parties, finding the negligence claim was unnecessary and would complicate the main suit.

  • Joinder of third parties
  • Duty of care
  • Advancement of succession
  • Rapport Ă  la masse
  • Negligence claims
  • Third-party-joinder
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Civil procedure [2015] JRC 118

Mayhew Ltd and Holmes -v- Bois Bois and Young

Mayhew Ltd and Holmes -v- Bois Bois and Young [2015] JRC 118 (01 June 2015)

The Royal Court refused to strike out a professional negligence claim for delay, but imposed indemnity costs and pleading amendments as conditions for it to continue.

  • Strike out applications
  • Delay in prosecution
  • Legal professional duty
  • Land transactions
  • Legal aid
  • Strike-out-applications
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Civil procedure [2015] JRC 099

Optical Services and Ors -v- Carey Olsen and Ors

Optical Services and Ors -v- Carey Olsen and Ors [2015] JRC 099 (12 May 2015)

Costs ruling after a preliminary issue judgment: the first defendant received standard-basis costs on the duty of care issue, but not indemnity costs.

  • Costs
  • Indemnity costs
  • Duty of care
  • Litigants in person
  • Legal profession
  • Code of conduct
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Civil procedure [2014] JRC 208A

Optical Services and Ors -v- Carey Olsen and Ors

Optical Services and Ors -v- Carey Olsen and Ors [2014] JRC 208A (29 October 2014)

The court held that an opposing litigant generally has no duty of care from the other side’s lawyer, and breach of the Law Society Code does not create civil liability.

  • Duty of care of lawyers
  • Costs in litigation
  • Law society code of conduct
  • Adversarial litigation
  • Wasted costs orders
  • Legal-professional-negligence
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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.