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Jersey Case Law

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Criminal law [2021] JRC 288

The Attorney General v Julie Ann Harrigan

The Attorney General v Julie Ann Harrigan [2021] JRC 288 (15 November 2021)

Sentencing for a Jersey lawyer who misappropriated client funds while acting as a curator and failed to file accounts. She received 3 years’ imprisonment and a compensation order.

  • Breach of trust
  • Misappropriation
  • Curatorship
  • Compensation order
  • Sentencing
  • Breach-of-trust
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Private client [2018] JRC 075

Representation of Violet Matthews

Representation of Violet Matthews [2018] JRC 075 (23 April 2018)

The Jersey Royal Court allowed registration of an Act of Court based on an English enduring power of attorney, for the limited purpose of abandoning dower rights.

  • Registration of foreign enduring power of attorney
  • Capacity and self-determination
  • Curatorship
  • Abandonment of dower
  • Inherent jurisdiction
  • Comity
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Civil procedure [2017] JRC 056

MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 056 (04 April 2017)

The Royal Court of Jersey considered applications for disclosure and for joinder of non-parties for third-party or wasted costs orders in trust litigation.

  • Third party costs orders
  • Wasted costs orders
  • Non-party disclosure
  • Legal professional privilege
  • Curatorship
  • Litigation funding
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Trusts [2016] JRC 051

Voisin Executors Ltd -v- Kelleher

Voisin Executors Ltd -v- Kelleher [2016] JRC 051 (29 February 2016)

The Royal Court allowed the defendant to re-amend his answer to clarify his case, and adjourned the plaintiff’s re-amendment application pending that clarification.

  • Amendment of pleadings
  • Limitation periods
  • Breach of fiduciary duty
  • Management of trust assets
  • Liquidation of companies
  • Amendment-of-pleadings
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Personal injury [2015] JRC 093

Le Claire -v- Brown

Le Claire -v- Brown [2015] JRC 093 (07 May 2015)

The Jersey Royal Court approved a ÂŁ675,000 settlement of a personal injury claim brought by a plaintiff under curatelle and capped deductible costs.

  • Settlement approval
  • Curatorship
  • Costs in personal injury claims
  • Court's inherent jurisdiction
  • Personal-injury
  • Settlement-approval
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Mental capacity [2015] JRC 086A

In the matter of A (Curatorship)

In the matter of A (Curatorship) [2015] JRC 086A (29 April 2015)

The Court appointed G, a chartered accountant, as curator for Mrs A, finding her competent, independent, and materially less costly than a lawyer.

  • Appointment of curator
  • Financial safeguarding
  • Costs of curatorship
  • Curatorship
  • Financial-safeguarding
  • Costs
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Tort [2014] 1 JLR 244

MacFirbhisigh v C.I. Trustees

MacFirbhisigh v C.I. Trustees [2014] 1 JLR 244 (05 February 2014)

The court held that a plaintiff under curatorship could not plead deceit against financial advisers for transactions carried out by the curator, because reliance on representations was absent.

  • Deceit
  • Curatorship
  • Financial advisers liability
  • Financial-advisers-liability
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Family law [2013] JRC 026

In the matter of A (Curatorship)

In the matter of A (Curatorship) [2013] JRC 026 (01 February 2013)

The court considered who should be appointed curator for an elderly woman. It preferred a willing local family member if available, otherwise an independent professional.

  • Curatorship
  • Appointment of curator
  • Conflict of interest
  • Estate management
  • Appointment-of-curator
  • Conflict-of-interest
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Trusts [2012] JRC 234A

In the matter of the G Family Trust

In the matter of the G Family Trust [2012] JRC 234A (17 December 2012)

The Royal Court blessed a trustee’s decision to sell the trust’s main property and distribute proceeds, but refused to approve a grandchildren’s fund.

  • Trustee powers
  • Court blessing of trustee decisions
  • Protector role in trusts
  • Distribution of trust assets
  • Curatorship
  • Variation of trusts
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Professional discipline [2012] 2 JLR 342

Att. Gen. v Begg

Att. Gen. v Begg [2012] 2 JLR 342 (13 November 2012)

Sanction-only disciplinary proceedings against an advocate for serious misconduct. The court imposed a ÂŁ25,000 fine for assisting a breach of curatorship and deception.

  • Misconduct
  • Sanction
  • Curatorship
  • Deception
  • Professional-discipline
  • Sanctions
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