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Jersey Case Law

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Banking and finance [2016] JCA 115A

Tygres Gg Mayger -v- Genee Anor

Tygres Gg Mayger -v- Genee Anor [2016] JCA 115A (05 July 2016)

Leave to appeal was refused in proceedings over expired mortgage loans. The Court held there was no realistic defence, no basis for a stay, and no arguable FSO issue.

  • Mortgage enforcement
  • Stay of proceedings
  • Financial services ombudsman jurisdiction
  • Implied contractual terms
  • Duty of care in lending
  • Appeal standards
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Animal law [2011] JRC 118

Knapp v AG

Knapp v AG [2011] JRC 118 (24 June 2011)

Appeal against an order destroying Jasper the dog was dismissed after the court found, on the balance of probabilities, that Jasper caused the attack.

  • Destruction of dangerous dogs
  • Procedural fairness
  • Evidentiary exclusion for unlawfully obtained evidence
  • Standard of proof in civil proceedings
  • Appeal standards
  • Dangerous-dogs
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Civil procedure [2010] JRC 165

Incat -v- Luba Freeport

Incat -v- Luba Freeport [2010] JRC 165 (07 September 2010)

Appeal from taxation of costs dismissed. The court adopted the Downes test, upheld recovery of foreign lawyers’ fees under Rule 12/7, and found no need to inspect the foreign firm’s files.

  • Taxation of costs
  • Appeal standards
  • Recoverability of foreign lawyers' fees
  • Taxation-of-costs
  • Appeal-standards
  • Foreign-lawyers-fees
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Family law [2010] JRC 115B

Marshall -v- Downes

Marshall -v- Downes [2010] JRC 115B (23 June 2010)

Appeal in matrimonial ancillary relief. The court upheld the Registrar’s overall division of assets, rejected a fresh rehearing approach, and adjusted the figures arithmetically.

  • Division of matrimonial assets
  • Appeal standards
  • Discretion of registrar
  • Pension valuation
  • Clean break
  • Contributions to marital assets
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Family law [2004] JCA 137

X v Y

X v Y [2004] JCA 137 (09 August 2004)

The Court of Appeal refused leave to appeal against a Royal Court order permitting limited unsupervised access to a child, finding no plain error in the discretion exercised.

  • Unsupervised access
  • Child welfare
  • Appeal standards
  • Child-welfare
  • Unsupervised-access
  • Appeal-from-discretion
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Administrative law [1971] JJ 1637

Habin v Gambling Licensing Auth.

Habin v Gambling Licensing Auth. [1971] JJ 1637 (22 February 1971)

On judicial review, the court said a strong case is needed to overturn an authority’s discretionary decision, and intervention requires satisfaction that discretion was wrongly exercised.

  • Judicial review
  • Discretionary powers
  • Appeal standards
  • Administrative-law
  • Judicial-review
  • Discretionary-powers
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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.