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Jersey Case Law

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Insolvency [2020] JRC 186

Intu Merry Hill Limited

Intu Merry Hill Limited [2020] JRC 186 (16 September 2020)

The Royal Court of Jersey granted a Letter of Request to the English High Court to place Intu Merry Hill Limited into administration under section 426 of the Insolvency Act 1986.

  • Administration order
  • Letter of request
  • Section 426 insolvency act
  • Guarantee liability
  • Facility agreement
  • Creditor rights
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Insolvency [2018] JCA 113

Representation of Powell

Representation of Powell [2018] JCA 113 (29 June 2018)

Single-judge Court of Appeal decision refusing leave to appeal and a stay in a Remise de Biens matter involving Mrs Powell.

  • Remise de biens
  • Leave to appeal
  • Recusal
  • Creditor rights
  • Discretionary decisions
  • Human rights
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Bankruptcy [2016] 1 JLR 101

Investec v. Booth

Investec v. Booth [2016] 1 JLR 101 (27 January 2016)

Creditor’s appeal against a declaration of desastre was dismissed. The court held desastre was appropriate and not shown to be worse for unsecured creditors than degrèvement.

  • Desastre
  • Degrèvement
  • Creditor rights
  • Debtor discharge
  • Bankruptcy
  • Degrevement
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Company law [2015] JRC 243

Representation of Investec Bank PLC

Representation of Investec Bank PLC [2015] JRC 243 (26 November 2015)

The Royal Court of Jersey restored three dissolved companies to the register under Article 213, finding Investec Bank PLC had sufficient interest as a creditor.

  • Restoration of dissolved companies
  • Creditor rights
  • Liquidation
  • Restoration-of-dissolved-companies
  • Creditor-rights
  • Company-law
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Insolvency [2015] JRC 207

Representation of Northern Investments (Wrexham) Limited

Representation of Northern Investments (Wrexham) Limited [2015] JRC 207 (07 October 2015)

The Jersey Royal Court reinstated a dissolved company at the request of its creditor and issued a letter of request for an English administration order.

  • Company reinstatement
  • Cross-border insolvency
  • Administration order
  • Creditor rights
  • Company-reinstatement
  • Cross-border-insolvency
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Property law [2008] JCA 204

Burby v Thompson and Bertram

Burby v Thompson and Bertram [2008] JCA 204 (27 November 2008)

The Court of Appeal of Jersey held that Article 91 of the 1880 Property Law required only that a dégrèvement date be fixed within time, not that the hearing occur then.

  • DĂ©grèvement
  • Statutory time limits
  • Adjudication of renunciation
  • Court powers to adjourn
  • Creditor rights
  • Debtor rights
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Shipping law [1994] JLR 227

Hughes v Clewley

Hughes v Clewley [1994] JLR 227 (21 June 1994)

The court held that a mere personal creditor is not an “interested person” under Merchant Shipping Act 1894, s.30, but a former owner seeking rescission may be.

  • Prohibition on dealing with ship
  • Definition of interested person
  • Creditor rights
  • Rescission of transfer
  • Shipping-law
  • Standing
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Property law [1985] UR 098

In the matter of the Degrevement of Immovable Property of Barker

In the matter of the Degrevement of Immovable Property of Barker [1985] UR 098 (25 September 1985)

The court ordered the degrevement of Barker’s immovable property under Jersey law to satisfy outstanding debts.

  • Degremement
  • Immovable property
  • Creditor rights
  • Property-law
  • Insolvency-law
  • Degrevement
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Bankruptcy [1981] JLR 121

Birbeck v Midland Bank Ltd.

Birbeck v Midland Bank Ltd. [1981] JLR 121 (07 October 1981)

The court held that a creditor’s failure to appear or refusal to become tenant after degrèvement destroys the hypothèque judiciaire, though the debt may remain enforceable against other property.

  • Degrèvement
  • Refusal to become tenant
  • Hypothèque judiciaire
  • Creditor rights
  • Bankruptcy
  • Property-law
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Bankruptcy [1975] JJ 263

Woodman v Viscount

Woodman v Viscount [1975] JJ 263 (18 September 1975)

The case considered whether rules on fraudulent preference were part of Jersey common law or required statutory authority to invalidate a debtor’s payment to a creditor.

  • Fraudulent preference
  • Creditor rights
  • Common law vs statute
  • Bankruptcy
  • Fraudulent-preference
  • Creditor-rights
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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.