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Jersey Case Law

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Trusts [2021] JRC 068

Representation of JTC Trust Company Limited re the L Trusts 12-Mar-2021

Representation of JTC Trust Company Limited re the L Trusts 12-Mar-2021 [2021] JRC 068 (12 March 2021)

The Jersey Royal Court held that interest-free inter-trust loans made in breach of trust gave rise to a constructive trust under Article 33 of the Trust (Jersey) Law 1984.

  • Constructive trusts
  • Breach of trust
  • Inter-trust loans
  • Tax liability
  • Trust administration
  • Constructive-trusts
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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orders after its earlier trust judgment, including payments and costs orders, and dismissed the stay pending appeal as withdrawn.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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Private international law [2017] JRC 204

Dubai Islamic Bank PJSC v Ridley

Dubai Islamic Bank PJSC v Ridley [2017] JRC 204 (05 December 2017)

Appeal partly allowed: Sharia-law defences and related issues were not suitable for strike out and had to go to trial; issue estoppel on fraud remained.

  • Strike out applications
  • Governing law clauses
  • Sharia law in contracts
  • Tracing claims
  • Res judicata
  • Issue estoppel
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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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Civil asset recovery [2017] JRC 019

Federal Republic of Nigeria v Doraville Properties Corporation

Federal Republic of Nigeria v Doraville Properties Corporation [2017] JRC 019 (23 January 2017)

The Royal Court allowed Nigeria to amend its claim against Doraville, refused the USA full intervention, and stayed the case pending related 2007 Law proceedings.

  • Intervention of third parties
  • Constructive trusts
  • Enforcement of foreign judgments
  • Asset forfeiture
  • Estoppel
  • Collusive proceedings
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Private international law [2014] JRC 213B

Campbell -v- Campbell and Longton

Campbell -v- Campbell and Longton [2014] JRC 213B (07 November 2014)

The Jersey Royal Court refused a stay on forum non conveniens grounds and declined a late amendment to add a challenge to service out of the jurisdiction.

  • Forum non conveniens
  • Jurisdiction
  • Constructive trusts
  • Service out of jurisdiction
  • Burden of proof
  • Forum-non-conveniens
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Family law [2014] JRC 146A

P -v- Q (Family)

P -v- Q (Family) [2014] JRC 146A (22 July 2014)

The court held that Schedule 1 of the Children (Jersey) Law 2002 allows orders transferring or settling Jersey immovable property for a child’s benefit.

  • Financial provision for children
  • Transfer/settlement of property
  • Interpretation of 'property' in schedule 1
  • Constructive trusts
  • Non-discrimination in child welfare
  • Financial-provision-for-children
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Trust law [2014] 2 JLR 117

Nolan v Minerva Trust

Nolan v Minerva Trust [2014] 2 JLR 117 (25 March 2014)

The case concerns whether a Halley constructive trust arises where fraud goes to the heart of a contract and causes a total failure of consideration.

  • Constructive trusts
  • Fraud
  • Failure of consideration
  • Trust-law
  • Constructive-trusts
  • Failure-of-consideration
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Trust law [2013] 2 JLR 444

In re Rex Trust v

In re Rex Trust v [2013] 2 JLR 444 (31 October 2013)

The court held that bribes received by a fiduciary are held on constructive trust for the person owed the duty, and ordered the funds held for Mozambique.

  • Constructive trusts
  • Fiduciary duty
  • Bribery
  • Constructive-trusts
  • Fiduciary-duty
  • Trust-law
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Trust law [2013] JRC 211

Lloyds Trust Co (CI) Ltd -v- Fragoso, Hoy, Government of Mozambique and HM Attorney General

Lloyds Trust Co (CI) Ltd -v- Fragoso, Hoy, Government of Mozambique and HM Attorney General [2013] JRC 211 (31 October 2013)

The Jersey Royal Court held that trust assets funded by bribes paid to a Mozambican public officer were held on constructive trust for Mozambique.

  • Constructive trusts
  • Proceeds of crime
  • Bribery
  • Fiduciary duty
  • Tracing
  • Beneficial entitlement
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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.