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Jersey Case Law

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Trusts [2020] JRC 140B

In the matter of the 1964 Settlement

In the matter of the 1964 Settlement [2020] JRC 140B (16 July 2020)

The Jersey Royal Court granted a self-dealing power for an English-law trust, but declined to bless a proposed restructuring because the variation made approval unnecessary.

  • Self-dealing
  • Variation of trusts
  • Jurisdiction
  • Conflict of laws
  • Trust-variation
  • Conflict-of-laws
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Trusts and estates [2018] JRC 059

Titris SA -v- A

Titris SA -v- A [2018] JRC 059 (16 March 2018)

The Royal Court of Jersey gave case management directions in a trust dispute, allowing limited discovery and Italian-law expert evidence on the meaning of “eredi legittimi.”

  • Interpretation of trust deeds
  • Beneficiary entitlement
  • Trustee removal
  • Provision of information by trustees
  • Conflict of laws
  • Trust-deed-interpretation
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Trusts [2016] JRC 102

Dubai Islamic Bank -v- Ridley

Dubai Islamic Bank -v- Ridley [2016] JRC 102 (07 June 2016)

The court struck out Sharia-law and fraud-denial pleadings, holding they were legally unsustainable and barred by estoppel or abuse of process.

  • Tracing
  • Pauline action
  • Sharia law
  • Issue estoppel
  • Abuse of process
  • Conflict of laws
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Trusts [2016] JRC 099

Rep of WTHK Ltd and Valentin NZ Ltd -v- UBS Trustees

Rep of WTHK Ltd and Valentin NZ Ltd -v- UBS Trustees [2016] JRC 099 (27 May 2016)

The Jersey Royal Court held that the representors were validly appointed as additional trustees, but limited its declaration on their powers to avoid deciding criminal law issues.

  • Appointment of trustees
  • Fiduciary powers
  • Money laundering
  • Asset freezing
  • Conflict of laws
  • Trusts
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Probate [2013] JRC 188

Representation of Hawksford Executors Ltd

Representation of Hawksford Executors Ltd [2013] JRC 188 (27 September 2013)

The Jersey Royal Court held that the deceased’s Belgian will did not revoke her earlier world-wide will, and that English law governed the revocation issue.

  • Will revocation
  • Testamentary intention
  • Domicile
  • Conflict of laws
  • Will-revocation
  • Testamentary-intention
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Civil procedure [2012] JRC 044A

Dalemont -v- Senatorov

Dalemont -v- Senatorov [2012] JRC 044A (28 February 2012)

The Royal Court of Jersey refused to decline jurisdiction over claims tied to Russian judgments, holding the dispute concerned shares in non-Russian companies, not Russian land.

  • Jurisdiction
  • Enforcement of foreign judgments
  • Conflict of laws
  • Service out of jurisdiction
  • Pauline action
  • Enforcement-of-foreign-judgments
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Trusts [2012] JRC 017

Representation of BNP Paribas

Representation of BNP Paribas [2012] JRC 017 (16 January 2012)

The Jersey Royal Court ordered a conditional trust distribution of SGD 500,000 to G, requiring withdrawal of related Singapore breach of trust claims against the trustees.

  • Distribution of trust assets
  • Advancement vs distribution
  • Validity of trust transfers
  • Conflict of laws
  • Trusts
  • Trust-distribution
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Private international law [2011] JRC 239A

Representation of Standish and Others

Representation of Standish and Others [2011] JRC 239A (23 December 2011)

The Royal Court of Jersey recognised an English High Court receivership order over assets in Jersey, but reserved local control over compelled disclosure and attendance.

  • Recognition of foreign receivers
  • Enforcement of foreign court orders
  • Asset preservation
  • Conflict of laws
  • Recognition-of-foreign-receivers
  • Foreign-court-orders
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Civil procedure [2011] JRC 185

Leeds United -v- Weston and Levi

Leeds United -v- Weston and Levi [2011] JRC 185 (28 September 2011)

The Royal Court held that filing an answer did not bar a forum non conveniens stay and stayed the action, finding England the more appropriate forum.

  • Forum non conveniens
  • Stay of proceedings
  • Jurisdiction
  • Conflict of laws
  • Forum-non-conveniens
  • Stay-of-proceedings
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Civil procedure [1990] JLR 136

Abdel Rahman v Chase Bank

Abdel Rahman v Chase Bank [1990] JLR 136 (02 July 1990)

The court held that fees of foreign lawyers may be recovered as costs where the case involves foreign law and conflict of laws issues.

  • Costs
  • Foreign lawyer's costs
  • Conflict of laws
  • Civil-procedure
  • Foreign-lawyers-fees
  • Conflict-of-laws
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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.