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Jersey Case Law

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Property

Booth v Viscount of the Royal Court of Jersey

The Royal Court refused Mr Booth’s challenge to the Viscount’s refusal to assign him a negligence claim over a 2013 King’s Oak valuation.

  • Assignment-of-claim
  • Valuation-negligence
  • DĂ©sastre
  • Judicial-review-of-viscount's-decision
  • Article-3
  • Article-6
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Trusts [2021] JRC 144

Representation of Geneva Trust Company (GTC) SA re ZIII Trust 20-May-2021

Representation of Geneva Trust Company (GTC) SA re ZIII Trust 20-May-2021 [2021] JRC 144 (20 May 2021)

The Jersey Royal Court blessed a trustee’s decision to transfer shares in an insolvent property-holding company to a secured creditor, subject to conditions.

  • Trustee-powers
  • Conflict-of-interest
  • Secured-creditor-rights
  • Asset-disposal
  • Court-blessing-of-trustee-decisions
  • Secured-creditors
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Trusts [2017] JRC 108

Campbell -v- Campbell

Campbell -v- Campbell [2017] JRC 108 (06 July 2017)

The Royal Court held that Richard Campbell was entitled to 50% of the Longton loans on a common intention constructive trust, with resulting trust as an alternative basis.

  • Constructive-trust
  • Resulting-trust
  • Unjust-enrichment
  • Beneficial-ownership
  • Family-business-dispute
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Trusts [2016] JRC 051

Voisin Executors Ltd -v- Kelleher

Voisin Executors Ltd -v- Kelleher [2016] JRC 051 (29 February 2016)

The Royal Court allowed the defendant to re-amend his answer to clarify his case, and adjourned the plaintiff’s re-amendment application pending that clarification.

  • Amendment-of-pleadings
  • Limitation-periods
  • Breach-of-fiduciary-duty
  • Management-of-trust-assets
  • Liquidation-of-companies
  • Curatorship
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Civil-procedure [2016] JRC 041

Campbell -v- Campbell and Others

Campbell -v- Campbell and Others [2016] JRC 041 (11 February 2016)

Interlocutory stay application in a family/business dispute. The court refused a full stay, granted a limited stay on ownership evidence, and varied expert timetables.

  • Forum-non-conveniens
  • Constructive-trust
  • Resulting-trust
  • Discovery
  • Pleadings
  • Ownership-dispute
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Trusts [2010] JRC 083

In the matter of the representation of G

In the matter of the representation of G [2010] JRC 083 (21 April 2010)

The Jersey Royal Court dismissed a beneficiary’s discovery application as premature because the trust allegations were not properly pleaded.

  • Trustee-discretion
  • Beneficiary-rights
  • Discovery
  • Pleading-requirements
  • Removal-of-protector
  • Addition-of-beneficiaries
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Trusts [2007] JRC 250

Representation of IFG

Representation of IFG [2007] JRC 250 (21 December 2007)

The Royal Court approved a trustee application to sell Spanish trust property, upheld a deed of gift, and ordered trustee costs to be met from trust assets.

  • Momentous-decision
  • Trustee-powers
  • Sale-of-trust-property
  • Court-blessing
  • Beneficiary-changes
  • Trusts
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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.