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Jersey Case Law

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Criminal law [2020] JRC 005

AG v McDermott

AG v McDermott [2020] JRC 005 (10 January 2020)

The Jersey Royal Court refused a compensation order against Mr McDermott after finding that third-party repayment arrangements made double recovery and future loss issues uncertain.

  • Compensation orders
  • Proceeds of crime
  • Double recovery
  • Vicarious liability
  • Unjust enrichment
  • Compensation-orders
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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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Trusts [2013] JCA 071

Brazil v Durant

Brazil v Durant [2013] JCA 071 (11 April 2013)

The Jersey Court of Appeal dismissed an appeal over fraud proceeds traced through bank accounts, upheld constructive trustee liability, and affirmed compound interest.

  • Constructive trusts
  • Knowing receipt
  • Unjust enrichment
  • Proprietary claims
  • Tracing
  • Compound interest
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Civil law [2012] JRC 211

Republic of Brazil v Durant

Republic of Brazil v Durant [2012] JRC 211 (16 November 2012)

The court held that fraudulently misappropriated municipal funds were traceable to Jersey accounts of Durant and Kildare, and allowed recovery on equitable and restitutionary grounds.

  • Constructive trusts
  • Tracing of assets
  • Attribution of knowledge to corporations
  • Unjust enrichment
  • Hearsay evidence
  • Jurisdiction
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Private international law [2010] JRC 162

Fed Rep of Brazil -v- Durant & Ors

Fed Rep of Brazil -v- Durant & Ors [2010] JRC 162 (06 September 2010)

The Royal Court refused a forum non conveniens stay and upheld service out, holding Jersey was the appropriate forum for claims over alleged fraud proceeds traced through Jersey.

  • Forum non conveniens
  • Service out of jurisdiction
  • Knowing receipt
  • Unjust enrichment
  • Mareva injunction
  • Money laundering
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Contract law [2008] JCA 172

Pell Frischmann v Bow Valley

Pell Frischmann v Bow Valley [2008] JCA 172 (26 September 2008)

The Court of Appeal refused compound interest on restitutionary damages, upheld simple interest from 28 July 1997, and revised the first-instance costs orders.

  • Damages
  • Interest on judgments
  • Costs orders
  • Breach of confidence
  • Restitutionary remedies
  • Interest-on-damages
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Trusts [2002] JRC 60

Abacus v Grupo Torras

Abacus v Grupo Torras [2002] JRC 60 (12 March 2002)

The court held that profits earned after proceedings began on an asset transferred in fraud of creditors could be claimed, but not profits earned earlier.

  • Pauline action
  • Fraudulent conveyance
  • Interest on recovered assets
  • Costs allocation
  • Change of position defence
  • Pauline-action
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Trusts [2002] JRC 15A

Esteem Settlement reissued v

Esteem Settlement reissued v [2002] JRC 15A (17 January 2002)

Jersey court considered tracing, restitution, and Pauline Action claims over post-1988 transfers into offshore trusts tied to Sheikh Fahad’s fraud.

  • Tracing
  • Restitution
  • Fraudulent transfers
  • Constructive trust
  • Public policy
  • Lifting the veil
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Civil procedure [1998] UR 236

1998/236 - Lesquende v Planning & Environment

1998/236 - Lesquende v Planning & Environment [1998] UR 236 (25 November 1998)

The Royal Court granted summary judgment for repayment of a compulsory purchase compensation payment after the award had been quashed, but left interest for trial.

  • Summary judgment
  • Unjust enrichment
  • Arbitration award
  • Compulsory purchase compensation
  • Interest on debts
  • Summary-judgment
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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.