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Jersey Case Law

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Trusts [2018] JRC 013

Crociani -v- Crociani

Crociani -v- Crociani [2018] JRC 013 (17 January 2018)

The Royal Court of Jersey decided costs after trust litigation, awarding indemnity costs against the first and fourth defendants and standard costs against the third.

  • Indemnity costs
  • Standard costs
  • Breach of trust
  • Trustee duties
  • Derivative actions
  • Litigation conduct
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Company law [2012] JRC 097

Prestigic (Wisley) Nominees Ltd -v- JTC and Others

Prestigic (Wisley) Nominees Ltd -v- JTC and Others [2012] JRC 097 (14 May 2012)

The Jersey Royal Court dismissed a minority shareholder’s unfair prejudice application, holding the complaint concerned past misconduct better pursued derivatively.

  • Unfair prejudice
  • Derivative actions
  • Ratification of director conduct
  • Shareholder rights
  • Audit requirements
  • Unfair-prejudice
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Trusts [2009] JLR 217

Chvetsov v BNP Paribas

Chvetsov v BNP Paribas [2009] JLR 217 (19 June 2009)

The court held that a trustee’s agent owes duties to the trustee, not directly to beneficiaries, and beneficiaries generally cannot sue the agent directly.

  • Duties of agents
  • Beneficiaries' rights
  • Derivative actions
  • Trusts
  • Beneficiaries-rights
  • Derivative-actions
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Company law [2005] JRC 050

Guenier v Fuller

Guenier v Fuller [2005] JRC 050 (20 April 2005)

The Jersey Royal Court refused leave for a derivative action, holding that liquidation was an adequate alternative remedy for the deadlocked company.

  • Derivative actions
  • Unfair prejudice
  • Fiduciary duties
  • Liquidation
  • Prescription
  • Derivative-actions
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Company law [2005] JCA 015

Gamlestaden v Baltic Partners

Gamlestaden v Baltic Partners [2005] JCA 015 (10 February 2005)

The Court of Appeal held that Article 141 relief was unavailable because any benefit from reversing the impugned transactions would accrue only to Gamlestaden as creditor, not as shareholder.

  • Unfair prejudice
  • Shareholder remedies
  • Directors' fiduciary duties
  • Derivative actions
  • Strike out applications
  • Jurisdiction under companies (jersey) law 1991
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Company law [2004] JRC 116

Bates v Combrinck

Bates v Combrinck [2004] JRC 116 (06 July 2004)

The court refused to set aside leave to serve David Risbey out of the jurisdiction, holding the affidavit and Order of Justice disclosed a good arguable case.

  • Service out of jurisdiction
  • Derivative actions
  • Unfair prejudice
  • Directors' duties
  • Breach of fiduciary duty
  • Breach of statutory duty
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Company law [2002] JRC 117

Robertson v Slous

Robertson v Slous [2002] JRC 117 (11 June 2002)

The court found unfair prejudice from excessive management fees extracted from a jointly owned company and ordered the respondent to purchase the petitioner's 50% shareholding.

  • Unfair prejudice
  • Shareholder remedies
  • Valuation of shares
  • Management fees
  • Derivative actions
  • Unfair-prejudice
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Civil procedure [2000] JRC 217

Eves v Troy

Eves v Troy [2000] JRC 217 (03 November 2000)

The Royal Court refused to strike out a claim arising from the Glendale Hotel dispute, finding the plaintiffs had an arguable personal contractual claim and should go to trial.

  • Strike out applications
  • Locus standi
  • Rule in foss v. harbottle
  • Contractual duty of care
  • Professional negligence
  • Derivative actions
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Company law [2000] JRC 130A

Robertson v Slous

Robertson v Slous [2000] JRC 130A (12 July 2000)

The Jersey Royal Court struck out a shareholder’s claim over diverted company funds, holding the personal and derivative claims were untenable and statutory remedies existed.

  • Derivative actions
  • Fiduciary duties
  • Shareholder rights
  • Strike out applications
  • Company-law
  • Derivative-actions
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Company law [2000] JLR 246

Robertson v Slous

Robertson v Slous [2000] JLR 246 (12 July 2000)

The court held that a derivative action under the Foss v Harbottle exception was unavailable because alternative remedies existed.

  • Derivative actions
  • Corporate wrongs
  • Remedies
  • Foss v. harbottle exception
  • Company-law
  • Derivative-actions
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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.