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Jersey Case Law

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Criminal law [2024] JRC 184

AG v R

AG v R [2024] JRC 184 (12 September 2024)

The Royal Court held there was no case to answer on sexual-offence counts involving massages of two children, finding no evidence the touching was sexual.

  • Sexual offences
  • Burden of proof
  • No case to answer
  • Criminal-law
  • Sexual-offences
  • No-case-to-answer
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Criminal law [2024] JRC 051

AG v Skinner Skips Limited

AG v Skinner Skips Limited [2024] JRC 051 (01 March 2024)

The Royal Court ruled on witness handling, expert evidence, hearsay, abuse of process, and burden of proof in a health and safety prosecution, rejecting the defence applications.

  • Prosecution witness discretion
  • Admissibility of hearsay
  • Expert evidence
  • Abuse of process
  • Burden of proof
  • Corporate criminal liability
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Employment law [2023] JRC 182

Design Food Limited v Vieira

Design Food Limited v Vieira [2023] JRC 182 (09 October 2023)

The Royal Court dismissed Design Food Ltd’s appeal against findings of unfair and wrongful dismissal, holding that the tribunal was entitled to prefer Vieira’s evidence.

  • Unfair dismissal
  • Wrongful dismissal
  • Burden of proof
  • Gross misconduct
  • Unfair-dismissal
  • Wrongful-dismissal
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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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Civil procedure [2021] JCA 163

Siciles C. de Bourbon des Deux v BNP Paribas Jersey Trust Corporation Limited

Siciles C. de Bourbon des Deux v BNP Paribas Jersey Trust Corporation Limited [2021] JCA 163 (08 June 2021)

Court of Appeal upheld contempt sanctions against Camilla de Bourbon des Deux Siciles, rejecting claims of bias, procedural unfairness, and disproportionate penalty.

  • Contempt of court
  • Disclosure orders
  • Impartiality of tribunal
  • Sanctions
  • Burden of proof
  • Fine proportionality
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Criminal law [2021] JRC 079

AG v Moon 18-Mar-2021

AG v Moon 18-Mar-2021 [2021] JRC 079 (18 March 2021)

The Royal Court gave directions on a mental disorder defence, held that late expert evidence required leave, and set out jury questions for assault and affray counts.

  • Grave and criminal assault
  • Affray
  • Mental disorder defence
  • Burden of proof
  • Expert evidence
  • Mental-disorder-defence
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Civil procedure [2021] JCA 043

Siciles C.de Bourbon des Deux v BNP Paribas Jersey Trust Corporation Limited 15-Feb-2021

Siciles C.de Bourbon des Deux v BNP Paribas Jersey Trust Corporation Limited 15-Feb-2021 [2021] JCA 043 (15 February 2021)

The Court of Appeal refused a stay of contempt fine and costs orders, holding the appellant had not shown with evidence that she could not pay or that enforcement would make the appeal nugatory.

  • Stay of execution
  • Contempt fines
  • Costs orders
  • Burden of proof
  • Appellate procedure
  • Stay-of-execution
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Criminal law [2020] JRC 245

AG v Ellis 24-Nov-2020

AG v Ellis 24-Nov-2020 [2020] JRC 245 (24 November 2020)

The Jersey Royal Court ordered forfeiture of the full bank account, holding it was tainted property used as an instrumentality of tax evasion and that full forfeiture was proportionate.

  • Forfeiture of tainted property
  • Proceeds of crime
  • Instrumentalities of crime
  • Proportionality
  • Tax evasion
  • Burden of proof
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Civil procedure [2020] JRC 182

Sheyko v Consolidated Minerals Limited

Sheyko v Consolidated Minerals Limited [2020] JRC 182 (14 September 2020)

Appeal dismissed in a discovery and strike-out dispute. The court held the Master could proceed without further affidavit evidence and had not reversed the burden of proof.

  • Discovery
  • Strike out applications
  • Case management
  • Burden of proof
  • Affidavit evidence
  • Civil-procedure
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Criminal law [2020] JCA 098

AG v Ellis

AG v Ellis [2020] JCA 098 (01 June 2020)

The Court of Appeal held it had jurisdiction over interlocutory appeals under Jersey forfeiture law and that the evidential burden on proportionality lies on the respondent.

  • Asset forfeiture
  • Tainted property
  • Burden of proof
  • Proportionality
  • European convention on human rights
  • Summary procedure
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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.