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Jersey Case Law

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Insolvency / bankruptcy

Representation of Cochrane

The Royal Court dismissed Dr Cochrane’s challenge to the Viscount’s refusal to release funds for English legal advice, holding the decision was a proper Article 23 discretion.

  • DĂ©sastre
  • Viscount’s discretion under article 23
  • Refusal to fund legal advice
  • Reasonableness / irrationality review
  • Conflict of interest
  • Desastre
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Insolvency [2025] JCA 126

Booth v The Viscount of the Royal Court of Jersey (Court of Appeal : Appeal

Booth v The Viscount of the Royal Court of Jersey (Court of Appeal : Appeal (Civil) : Bailhache, W, Wolffe, Matthews : Desastre) [2025] JCA 126 (16 May 2025)

Court of Appeal of Jersey held that the Viscount was not obliged to return an unrealised claim to a discharged debtor and dismissed the appeal.

  • Assignment of claims
  • Discharge of debtor
  • Vesting of property
  • Court supervision
  • Estoppel
  • Abuse of process
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Civil procedure [2025] JRC 055

Golden Sphinx Limited v Itkin (Royal Court : Hearing

Golden Sphinx Limited v Itkin (Royal Court : Hearing (Civil)) [2025] JRC 055 (25 February 2025)

The court adjourned a civil claim for six weeks after Mr Itkin said Californian wildfires and a US bankruptcy petition prevented him from complying with orders.

  • Adjournment
  • Automatic stay
  • Bankruptcy petition
  • Costs orders
  • Requests for further information
  • Automatic-stay
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Bankruptcy [2024] JRC 132

Booth v Viscount of the Royal Court of Jersey

Booth v Viscount of the Royal Court of Jersey [2024] JRC 132 (12 June 2024)

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

  • Assignment of claims in bankruptcy
  • Right to fair trial
  • Discretion of bankruptcy official
  • Negligence in property valuation
  • Issue estoppel
  • Collateral attack
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Insolvency [2024] JRC 043

In the matter of the Desastre of Dr Gail Cochrane

In the matter of the Desastre of Dr Gail Cochrane [2024] JRC 043 (23 February 2024)

The Royal Court held that the Viscount is a proper respondent to a recall application under the Désastre Law because notice and the court’s assessment require the Viscount’s participation.

  • Recall of dĂ©sastre
  • Party joinder
  • Creditor claims
  • Court discretion
  • Insolvency
  • Bankruptcy
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Insolvency [2022] JRC 242

Representations of Wright and Knowles re Yeowart

Representations of Wright and Knowles re Yeowart [2022] JRC 242 (08 November 2022)

The Jersey court recognised English bankruptcy trustees and authorised them to gather information and assets in Jersey under Article 49 of the 1990 Law.

  • Recognition of foreign insolvency proceedings
  • Assistance to foreign courts
  • Asset recovery
  • Trustees in bankruptcy
  • Cross-border-insolvency
  • Recognition-of-foreign-insolvency-proceedings
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Insolvency [2022] JRC 194

In the matter of SPARC Group Limited

In the matter of SPARC Group Limited [2022] JRC 194 (20 September 2022)

The Royal Court of Jersey disqualified Andrew Jeremy Mills for 10 years after finding he failed to cooperate with the Viscount in SPARC Group Limited’s désastre.

  • Director disqualification
  • Bankruptcy
  • Duty to cooperate with insolvency officeholder
  • Director-disqualification
  • Insolvency
  • Duty-to-cooperate
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Civil procedure [2022] JRC 192

Booth v Viscount and Anor

Booth v Viscount and Anor [2022] JRC 192 (16 September 2022)

On a post-judgment costs application, the Royal Court ordered Mr Booth to pay half of the defendants’ costs, with enforcement requiring prior leave.

  • Costs
  • Assignment of cause of action
  • Litigant in person
  • Legal aid
  • Civil-procedure
  • Assignment-of-cause-of-action
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Insolvency [2022] JRC 062

Booth v Viscount and Anor

Booth v Viscount and Anor [2022] JRC 062 (08 March 2022)

The Jersey Royal Court refused to direct the Viscount to assign a negligence claim back to a discharged bankrupt, finding the refusal reasonable.

  • Assignment of causes of action
  • Discretion of bankruptcy trustee
  • Professional negligence
  • Standing of discharged bankrupt
  • Judicial review of trustee decisions
  • Bankruptcy
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Insolvency [2021] JRC 225

Representation of Defty and Oprey

Representation of Defty and Oprey [2021] JRC 225 (16 July 2021)

Jersey’s Royal Court recognised UK joint bankruptcy trustees and authorised them to investigate and collect the debtor’s Jersey assets, subject to notice to local creditors.

  • Recognition of foreign insolvency proceedings
  • Assistance to foreign courts
  • Collection of assets
  • Cross-border-insolvency
  • Bankruptcy
  • Foreign-insolvency-recognition
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About this LexChat collection

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.