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Jersey Case Law

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Trusts [2025] JRC 088

Patel & Ors v JTC Trust Company Limited & Ors (Royal Court : Hearing

Patel & Ors v JTC Trust Company Limited & Ors (Royal Court : Hearing (Civil)) [2025] JRC 088 (28 March 2025)

The Royal Court of Jersey held that JTC must pay the Gaurang Parties’ costs of the third party proceedings on the standard basis, with a £75,904 interim payment.

  • Costs
  • Alternative dispute resolution
  • Discontinuance
  • Indemnity costs
  • Standard costs
  • Alternative-dispute-resolution
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Civil procedure [2023] JRC 161

N. E. Masefield Limited v Gleeson

N. E. Masefield Limited v Gleeson [2023] JRC 161 (11 September 2023)

On discontinuance, the court held the plaintiff should pay the defendant’s costs on an indemnity basis and ordered an interim payment on account.

  • Discontinuance
  • Costs
  • Indemnity costs
  • Pre-action conduct
  • Contract variations
  • Indemnity-costs
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Criminal law [2016] JRC 214A

AG -v- Moon

AG -v- Moon [2016] JRC 214A (18 November 2016)

The court ordered the prosecution to pay defence costs for discontinued charges from early July, allowing time after a mental capacity issue was raised.

  • Costs following discontinuance
  • Mental capacity in criminal proceedings
  • Criminal-costs
  • Discontinuance
  • Mental-capacity
  • Prosecution-costs
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Civil procedure

Marange Invs. v la Generale Des Carrieres

Marange Invs. v la Generale Des Carrieres [2013] 2 JLR_Note 21 (19 June 2013)

A Jersey costs note on withdrawal or discontinuance of proceedings, holding that the withdrawing party is generally liable for the other side's costs.

  • Costs
  • Withdrawal of action
  • Discontinuance
  • Civil-procedure
  • Withdrawal-of-action
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Civil procedure [2012] JRC 079A

Benest v Syvret

Benest v Syvret [2012] JRC 079A (17 April 2012)

The Royal Court refused leave to appeal a no-costs order on discontinuance, finding no realistic prospect of success on any ground raised.

  • Leave to appeal costs order
  • Discretion in costs awards
  • Executor liability for costs
  • Legal aid relevance to costs
  • Discontinuance of proceedings
  • Costs-order
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Costs

Benest v Syvret

The Royal Court refused leave to appeal a costs-only order after discontinuance, holding there was no realistic prospect of success on the proposed grounds.

  • Leave to appeal against costs order only
  • Discontinuance
  • Executor liability for costs
  • Legal aid as a factor in costs
  • Costs
  • Executor-liability
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Civil procedure [2008] JCA 008

Black and Others v JFSC

Black and Others v JFSC [2008] JCA 008 (23 January 2008)

The Court of Appeal refused a stay of a security-for-costs order, found special circumstances justified security, and ordered additional security for an appeal.

  • Security for costs
  • Appeals
  • Costs orders
  • Public interest litigation
  • Discontinuance
  • Collective investment schemes
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Civil procedure [2006] JRC 182

JFSC -v- A.P. Black and Ors 6-Dec-2006

JFSC -v- A.P. Black and Ors 6-Dec-2006 [2006] JRC 182 (06 December 2006)

The Royal Court allowed the Commission to discontinue proceedings against the remaining Black respondents, refused Mrs. Black’s costs claim, and referred wasted costs to taxation.

  • Discontinuance
  • Costs orders
  • Public interest litigation
  • Strike-out applications
  • Costs-orders
  • Public-interest-litigation
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Civil procedure [2003] JRC 212

Barclays v Grima

Barclays v Grima [2003] JRC 212 (18 November 2003)

The court directed a preliminary hearing on whether a Mareva undertaking should be enforced after discontinuance, without first requiring a full forgery trial.

  • Mareva injunction
  • Discontinuance
  • Costs
  • Enforcement of undertaking in damages
  • Allegation of forgery
  • Mareva-injunction
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Civil procedure [2001] JLR 266

Jersey Produce Mktg. v Hi-Ho Growers Ltd.

Jersey Produce Mktg. v Hi-Ho Growers Ltd. [2001] JLR 266 (10 May 2001)

On withdrawal of an application for an interlocutory mandatory injunction, the defendant was entitled to costs. The applicant had a duty to make enquiries before applying.

  • Costs
  • Withdrawal
  • Discontinuance
  • Interlocutory injunctions
  • Civil-procedure
  • Interlocutory-injunctions
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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.