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Jersey Case Law

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Criminal law [2020] JCA 097

AG v GH

AG v GH [2020] JCA 097 (01 June 2020)

Court of Appeal held that entrustment for fraudulent conversion may be inferred, but on these facts money paid under sale contracts was not entrusted.

  • Fraudulent conversion
  • Entrustment
  • Beneficial ownership
  • Contracts for sale
  • Jury directions
  • Fraudulent-conversion
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Company law [2019] JRC 198

Atrium European Real Estate Limited v NB (2019) BV 07-Oct-2019

Atrium European Real Estate Limited v NB (2019) BV 07-Oct-2019 [2019] JRC 198 (07 October 2019)

The Jersey Royal Court granted directions to convene a scheme meeting, addressing class composition, notice, and how to count nominee votes under Article 125.

  • Scheme of arrangement
  • Shareholder meetings
  • Headcount test
  • Voting rights
  • De-listing
  • Beneficial ownership
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Contract law [2018] JCA 135

Booth v Bults

Booth v Bults [2018] JCA 135 (25 July 2018)

The Court of Appeal dismissed an appeal over a ÂŁ160,000 payment, holding the appellant had not proved it was a loan rather than part of a shared property arrangement.

  • Loan agreements
  • Beneficial ownership
  • Burden of proof
  • Self-representation
  • Documentary evidence
  • Loan-agreements
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Trusts [2018] JRC 038

Campbell v Campbell & Ors

Campbell v Campbell & Ors [2018] JRC 038 (15 February 2018)

The court made consequential orders after its earlier trust judgment, including payments and costs orders, and dismissed the stay pending appeal as withdrawn.

  • Constructive trusts
  • Beneficial ownership
  • Costs orders
  • Indemnity costs
  • Standard costs
  • Stay of proceedings
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Contract law [2018] JRC 027

Booth v Bults

Booth v Bults [2018] JRC 027 (1 February 2018)

The Jersey Royal Court dismissed a claim that ÂŁ160,000 paid to the defendant was a repayable loan, finding the payment reflected a joint property arrangement instead.

  • Loan agreements
  • Beneficial ownership
  • Joint ventures
  • Repayment of loans
  • Security agreements
  • Loan-agreements
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Company law [2018] JCA 018

Trigwell -v- Clapp

Trigwell -v- Clapp [2018] JCA 018 (23 January 2018)

The Court of Appeal dismissed an appeal over Astral Enterprises’ beneficial ownership, holding that Mr Harrod was never the company’s beneficial owner.

  • Beneficial ownership
  • Share transfers
  • Declarations of trust
  • Company restoration
  • Limitation periods
  • Beneficial-ownership
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Civil procedure [2017] JRC 185

Trigwell -v- Clapp

Trigwell -v- Clapp [2017] JRC 185 (03 November 2017)

On a post-judgment costs application, the Royal Court ordered Mr Trigwell to pay Mr Clapp’s costs on the standard basis after Mr Clapp successfully defended the claim.

  • Costs
  • Beneficial ownership
  • Company law
  • Beneficial-ownership
  • Company-law
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Trust law [2017] JRC 145

Trigwell -v- Clapp

Trigwell -v- Clapp [2017] JRC 145 (11 September 2017)

The Royal Court of Jersey dismissed Mr Trigwell’s claim to be Astral’s beneficial owner, finding the company was held for the OEEA Trust and the Clapp family.

  • Beneficial ownership
  • Declarations of trust
  • Company reinstatement
  • Share transfers
  • Fraud allegations
  • Beneficial-ownership
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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
  • Constructive-trust
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Trusts law [2017] 1 JLR 325

Campbell v. Campbell

Campbell v. Campbell [2017] 1 JLR 325 (06 July 2017)

A Jersey trust law dispute between two brothers over loan benefits to their jointly owned company, with the court finding a constructive trust in favour of the second brother.

  • Constructive trusts
  • Common intention
  • Beneficial ownership
  • Constructive-trusts
  • Common-intention
  • Beneficial-ownership
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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.