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Jersey Case Law

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Tax law [2024] JRC 216

Comptroller of Revenue v Y

Comptroller of Revenue v Y [2024] JRC 216 (17 October 2024)

The Royal Court held that the Commissioners for Appeal had no power to reduce a late-payment surcharge unless a waiver gateway in Article 41I(2) was satisfied.

  • Income tax
  • Late payment surcharge
  • Statutory interpretation
  • Discretionary waiver
  • Appeals procedure
  • Tax-law
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Criminal law [2023] JRC 238

M v AG

M v AG [2023] JRC 238 (30 November 2023)

The Royal Court allowed an appeal against a 7-month youth detention sentence, holding that the Magistrate proceeded on a mistaken factual basis and should have treated the appellant as willing to do community service.

  • Sentencing
  • Perverting the course of justice
  • Community service orders
  • Youth detention
  • Appeals procedure
  • Criminal-sentencing
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Employment law [2023] JRC 173

Nenkova-Ivanova v The Jersey Royal Company Limited

Nenkova-Ivanova v The Jersey Royal Company Limited [2023] JRC 173 (26 September 2023)

Leave to appeal was refused in a Jersey race discrimination case. The Royal Court found no error of law, no misdirection on burden of proof, and no failure to assist a litigant in person.

  • Racial discrimination
  • Burden of proof
  • Appeals procedure
  • Employment-law
  • Discrimination-law
  • Racial-discrimination
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Property law [2017] JCA 096

Fogarty -v- St Martin's Cottage Limited

Fogarty -v- St Martin's Cottage Limited [2017] JCA 096 (20 June 2017)

Leave to appeal to the Privy Council was refused in a boundary-encroachment dispute involving customary law reliefs and destination de père de famille.

  • Boundary disputes
  • Encroachment
  • Servitudes
  • Damages in lieu of injunction
  • Customary law principles
  • Appeals procedure
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Family law [2016] JRC 166

P -v- O (27 February 2017)

The Court of Appeal dismissed a family-law appeal challenging financial orders after finding the Registrar was entitled to attribute fault for a failed sale of the former matrimonial home.

  • Matrimonial property
  • Financial orders
  • Appeals procedure
  • Maintenance of children
  • Family-law
  • Matrimonial-property
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Contract law [2016] JRC 167

Holmes -v- Lingard and Others

Holmes -v- Lingard and Others [2016] JRC 167 (23 September 2016)

The Court of Appeal allowed an appeal against strike out, holding that the alleged settlement agreement was disputed and could not be finally resolved without trial.

  • Strike out applications
  • Compromise agreements
  • Settlement enforcement
  • Appeals procedure
  • Rectification
  • Erreur (mistake) in contract
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Family law [2016] JRC 166

P -v- O

P -v- O (Matrimonial) [2016] JRC 166 (15 September 2016)

Appeal from a Family Registrar’s financial orders in matrimonial proceedings dismissed. The court upheld findings that the appellant blocked a sale and caused extra costs.

  • Division of matrimonial assets
  • Child maintenance
  • Sale of matrimonial home
  • Appeals procedure
  • Matrimonial-appeals
  • Division-of-matrimonial-assets
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Tax law [2016] 2 JLR 198

Larsen v. Tax Comptroller

Larsen v. Tax Comptroller [2016] 2 JLR 198 (15 August 2016)

The case held that an appeal from the Royal Court’s judicial review decision under reg. 14A lay only to the Privy Council, with leave and within 14 days.

  • Exchange of tax information
  • Appeals procedure
  • Tax-law
  • Administrative-law
  • Appeals-procedure
  • Exchange-of-tax-information
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Administrative law [2016] JRC 032

Gosselin -v- Minister for Social Security

Gosselin -v- Minister for Social Security [2016] JRC 032 (04 February 2016)

The Royal Court held that the challenge should proceed as statutory appeals and applications for leave to appeal, not judicial review, because appeal remedies remained available.

  • Income support eligibility
  • Appeals procedure
  • Judicial review
  • Statutory interpretation
  • Human rights compatibility
  • Judicial-review
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Family law [2014] JRC 184

E -v- F (Family)

E -v- F (Family) [2014] JRC 184 (26 September 2014)

Appeal and cross-appeal dismissed in a Jersey Schedule 1 child financial relief case, upholding lump sum, maintenance, and costs orders for the child’s benefit.

  • Financial relief for children
  • Schedule 1 applications
  • Lump sum orders
  • Child maintenance
  • Appeals procedure
  • Assessment of needs
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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.