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Jersey Case Law

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Criminal law [2022] JRC 276

AG v Akhonya

AG v Akhonya [2022] JRC 276 (12 December 2022)

The Jersey Royal Court refused the prosecution leave to adduce late expert evidence on Kenyan marriage law in a bigamy case, and not guilty verdicts were entered.

  • Bigamy
  • Admissibility of evidence
  • Expert evidence
  • Marriage validity
  • Customary law
  • Case management
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Contract law [2012] 2 JLR 297

Doorstop Ltd. v Gillman

Doorstop Ltd. v Gillman [2012] 2 JLR 297 (01 November 2012)

The court held that interest on money loans at customary law must be moderate or reasonable and assessed in light of the contract and surrounding circumstances.

  • Money lending
  • Interest rates
  • Customary law
  • Reasonableness of interest
  • Contract-law
  • Banking-law
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Succession law [2011] JLR 603

Amy v Amy

Amy v Amy [2011] JLR 603 (27 July 2011)

In a Jersey succession dispute, the court held that where no agreement exists with the heirs, dower is payable only from the date the widow applies to court.

  • Dower
  • Customary law
  • Application to court
  • Royal court rules 2004 r.13/2(5)
  • Succession-law
  • Customary-law
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Criminal law [2009] JRC 166

AG v Warren and Others

AG v Warren and Others [2009] JRC 166 (19 August 2009)

The Jersey Royal Court held that Article 1 of the Criminal Offences (Jersey) Law 2009 requires pre-commencement conspiracy defendants to be tried by judge and jurats, not jury.

  • Mode of trial
  • Retrospective application
  • Inchoate offences
  • Customary law
  • Statutory-interpretation
  • Mode-of-trial
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Criminal law [2009] JCA 115A

AG -v- Bhojwani

AG -v- Bhojwani [2009] JCA 115A (08 June 2009)

The Court of Appeal held that fraud requires operative deception, confirmed a narrow approach to transposition under the Proceeds of Crime Law, and found no customary law offence of bribery.

  • Fraud
  • Money laundering
  • Transposition of offences
  • Bribery
  • Customary law
  • Legal certainty
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Criminal law [2008] JCA 082

Martins and Martins v AG

Martins and Martins v AG [2008] JCA 082 (22 May 2008)

The Court of Appeal held that attempting to acquire property representing drug trafficking proceeds is an offence in Jersey and dismissed the appeal.

  • Inchoate offences
  • Attempt
  • Drug trafficking
  • Statutory interpretation
  • Customary law
  • Criminal-law
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Family law [2007] JRC 151

Moran and Kemp and Deputy Registrar

Moran and Kemp and Deputy Registrar [2007] JRC 151 (03 August 2007)

The court held that an illegitimate child takes the mother’s surname by Jersey customary law, so the parents could not insist on the father’s surname.

  • Surname registration of illegitimate children
  • Customary law
  • Statutory interpretation
  • European convention on human rights
  • Discrimination
  • Parental rights
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Public law [2004] JLR 360

St. Helier (Constable) v Gray

St. Helier (Constable) v Gray [2004] JLR 360 (05 October 2004)

The court held that the Constable has discretion to appoint the Chef de Police and is not bound by the custom of appointing the most senior Centenier.

  • Appointment of chef de police
  • Discretion of connetable
  • Customary law
  • Appointment-of-public-officials
  • Customary-law
  • Local-government-law
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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.