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Civil procedure [2021] JRC 221

Morelli v Morelli and Wagland and Ors

Morelli v Morelli and Wagland and Ors [2021] JRC 221 (23 August 2021)

The Royal Court of Jersey refused an inquiry into damages on cross-undertakings after ex parte injunctions, finding the claimed losses were not causally shown and discretion also weighed against it.

  • Undertakings in damages
  • Interim injunctions
  • Forced heirship
  • Estate administration
  • Liquidation of company
  • Discretion to order inquiry
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Company law [2021] JRC 117

Itkin v Golden Sphinx Limited 20-Apr-2021

Itkin v Golden Sphinx Limited 20-Apr-2021 [2021] JRC 117 (20 April 2021)

The Jersey Royal Court refused to set aside a default judgment for unpaid director’s fees, holding that the defendant delayed too long and the plaintiff would be prejudiced.

  • Default judgment
  • Directors' duties
  • Conflict of interest
  • Delay in proceedings
  • Setting aside judgments
  • Default-judgment
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Family law [2017] JRC 126

In the matter of Bradley (Care order)

In the matter of Bradley (Care order) [2017] JRC 126 (10 August 2017)

The Royal Court of Jersey granted an interim care order, joined the child as a party, and appointed a lawyer, while approving a temporary kinship care plan.

  • Interim care orders
  • Appointment of lawyer for child
  • Threshold criteria
  • Care plans
  • Delay in proceedings
  • Interim-care-order
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Administrative law [2016] JCA 139

Larsen and Others -v- Volaw and Others

Larsen and Others -v- Volaw and Others [2016] JCA 139 (15 August 2016)

The Court of Appeal dismissed an appeal against a costs order after refusal of leave for judicial review, holding the late challenge was hopeless and abusive.

  • Judicial review
  • Costs orders
  • Delay in proceedings
  • Exceptional circumstances
  • Judicial-review
  • Costs-orders
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Family law [2015] JRC 247

In the matter of Imogen (Care proceedings)

In the matter of Imogen (Care proceedings) [2015] JRC 247 (30 November 2015)

The court refused Mr A’s bid to join care proceedings and seek a full carer assessment, finding further delay would harm Imogen and concerns remained unresolved.

  • Care proceedings
  • Party status
  • Assessment of carers
  • Delay in proceedings
  • Child's best interests
  • Care-proceedings
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Family law

In the matter of Imogen (Care proceedings)

The Royal Court refused Mr A’s bid to join care proceedings and to be fully assessed as Imogen’s potential carer, citing delay and unresolved concerns.

  • Joinder of party
  • Assessment of potential carer
  • Best interests of the child
  • Delay in proceedings
  • Contact arrangements
  • Care-proceedings
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Family law [2015] JRC 101

in the matter of Freddie and Arthur (No 2) (Care order)

in the matter of Freddie and Arthur (No 2) (Care order) [2015] JRC 101 (13 May 2015)

The court refused to appoint a polygraph expert in care proceedings, holding that credibility of ordinary adult witnesses is for the tribunal, and delay would harm the children.

  • Admissibility of expert evidence
  • Polygraph evidence
  • Credibility of witnesses
  • Child welfare
  • Delay in proceedings
  • Polygraph-evidence
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Tax law [2014] JRC 143

Larsen Oil and Gas Drilling Limited and Independant Oil Fields Rentals IOR Limited and North East Oil Limited -v- Comptroller of Taxes

Larsen Oil and Gas Drilling Limited and Independant Oil Fields Rentals IOR Limited and North East Oil Limited -v- Comptroller of Taxes [2014] JRC 143 (15 July 2014)

The Royal Court refused leave for judicial review of a tax information notice, holding the application was brought far too late and raised no new arguable point.

  • Judicial review
  • Tax information exchange
  • Right of appeal
  • Data protection
  • Discrimination
  • Delay in proceedings
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Civil procedure [2014] JRC 042

Viera -v- Kordas

Viera -v- Kordas [2014] JRC 042 (19 February 2014)

The Royal Court dismissed an appeal against striking out a personal injury claim for inordinate and inexcusable delay causing prejudice and preventing a fair trial.

  • Strike out applications
  • Delay in proceedings
  • Abuse of process
  • Road traffic accident
  • Limitation period
  • Case management
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Civil procedure [2012] JRC 035

Irish Nationwide -v- Volaw and Others

Irish Nationwide -v- Volaw and Others [2012] JRC 035 (15 February 2012)

The Royal Court of Jersey dismissed an appeal against refusal to strike out a loan claim for delay, holding the plaintiff’s failure to issue directions was not enough to end the action.

  • Dismissal for want of prosecution
  • Case management
  • Loan facility
  • Delay in proceedings
  • Dismissal-for-want-of-prosecution
  • Case-management
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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.