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Jersey Case Law

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Insolvency [2021] JRC 027

Representation of the Viscount re Cochrane en desastre 29-Jan-2021

Representation of the Viscount re Cochrane en desastre 29-Jan-2021 [2021] JRC 027 (29 January 2021)

The Royal Court extended Dr Cochrane’s désastre for three years, citing unresolved English proceedings, incomplete creditor adjudication, and creditor protection.

  • Extension of bankruptcy
  • Discharge from bankruptcy
  • After-acquired property
  • Creditor claims
  • Cross-border insolvency
  • Bankruptcy-extension
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Company law [2018] JRC 237

Representation of Julian Charles Tyacke

Representation of Julian Charles Tyacke [2018] JRC 237 (20 December 2018)

The Royal Court of Jersey ordered a just and equitable winding up of five Jersey companies, finding them insolvent and needing coordinated cross-border insolvency management.

  • Just and equitable winding up
  • Cross-border insolvency
  • Creditor protection
  • Just-and-equitable-winding-up
  • Cross-border-insolvency
  • Creditor-protection
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Insolvency [2018] JCA 114

Halabi -v- Wilson and HMRC

Halabi -v- Wilson and HMRC [2018] JCA 114 (02 July 2018)

The Court of Appeal upheld variation of Jersey confidentiality orders so a trustee could comply with an HMRC information notice, rejecting the revenue-rule challenge.

  • Cross-border insolvency
  • Confidentiality orders
  • Variation of court orders
  • Enforcement of foreign revenue laws
  • Information disclosure
  • Tax information exchange agreements (tiea)
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Insolvency

In re Siena

In re Siena [2015] 2 JLR_Note 17 (16 December 2015)

A Jersey bankruptcy-assistance matter concerning whether the court should assist a foreign court in insolvency proceedings.

  • Bankruptcy assistance
  • Cross-border insolvency
  • Bankruptcy-assistance
  • Cross-border-insolvency
  • Private-international-law
  • Insolvency
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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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Insolvency law

In the matter of the representation of HSBC Bank PLC and in the matter of an application to issue a letter of request to the High Court of England and Wales for the appointment of an administrator pursuant to the Insolvency Act 1986

The Royal Court granted HSBC Bank PLC’s application for a Letter of Request to the High Court of England and Wales to appoint administrators over Tambrook Jersey Limited.

  • Letter of request to high court of england and wales
  • Appointment of administrators
  • Cross-border insolvency
  • Administration under insolvency act 1986
  • Cross-border-insolvency
  • Company-administration
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Insolvency law

Metropolitan Life Insurance Company v Dalton Airfield Estate Limited

The Royal Court granted Metlife’s application for a letter of request to the Court of Session in Scotland to seek an administration order for Dalton Airfield Estate Limited.

  • Letters of request
  • Administration order
  • Cross-border insolvency
  • Priority of creditors
  • Court’s inherent jurisdiction
  • Letters-of-request
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Insolvency law [2009] JRC 054

Represenation of Williams

Represenation of Williams [2009] JRC 054 (24 March 2009)

The Jersey court granted assistance to a foreign bankruptcy trustee despite HMRC holding 99.8% of claims, because one ordinary creditor would also benefit.

  • Cross-border insolvency
  • Recognition of foreign trustees
  • Enforcement of foreign revenue claims
  • Discretionary assistance
  • Private international law rules
  • Cross-border-insolvency
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Insolvency [2008] JRC 003

Warner v Equity and RBSI

Warner v Equity and RBSI [2008] JRC 003 (09 January 2008)

The Royal Court of Jersey recognised an Australian trustee in bankruptcy and held that no domestic probate grant was needed to administer the deceased bankrupt’s Jersey assets.

  • Cross-border insolvency
  • Recognition of foreign trustee
  • Dispensation of probate
  • Asset administration
  • Cross-border-insolvency
  • Foreign-trustee-recognition
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Insolvency law [2005] JRC 038A

Representation by Doltable Ltd

Representation by Doltable Ltd [2005] JRC 038A (04 April 2005)

The Jersey court granted Doltable Limited’s request for assistance so the English High Court could be asked to appoint an administrator over the Jersey company.

  • Appointment of administrator
  • Jurisdiction of english courts
  • Cross-border insolvency
  • Legal charges and receivership
  • Cross-border-insolvency
  • Appointment-of-administrator
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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.