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Jersey Case Law

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Trusts [2022] JRC 150

Patel v JTC Trust Company Limited and Ors

Patel v JTC Trust Company Limited and Ors [2022] JRC 150 (12 July 2022)

The Royal Court refused the draft amendment as pleaded, but excused a procedural breach and allowed the plaintiffs to reapply with clearer particulars.

  • Amendment of pleadings
  • Fraud
  • Duress
  • Undue influence
  • Misrepresentation
  • Mistake
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Employment law

Mr Joseph Donovan v GTWO Limited

The Tribunal refused to reinstate Mr Donovan’s withdrawn unfair dismissal and notice pay claims, finding no duress, misrepresentation, or serious mistake.

  • Unfair dismissal
  • Notice pay
  • Withdrawal of claims
  • Reinstatement of proceedings
  • Duress
  • Misrepresentation
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Employment law [2013] JRC 060

Helm Trust -v- Chatfield

Helm Trust -v- Chatfield [2013] JRC 060 (15 March 2013)

The Jersey Royal Court allowed an employer’s appeal, holding that a later agreement validly varied the employee’s contract and cut off salary after 31 December 2010.

  • Variation of employment contract
  • Notice pay
  • Termination of employment
  • Duress
  • Remuneration agreements
  • Employment-contract-variation
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Family law [2010] JRC 026A

In the matter of O

In the matter of O [2010] JRC 026A (10 February 2010)

The court referred preliminary issues about a separation agreement to the senior court, including alleged duress, non-disclosure, and whether the agreement bars further claims.

  • Separation agreements
  • Duress
  • Material non-disclosure
  • Ancillary relief
  • Family-law
  • Separation-agreements
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Criminal law [2009] JRC 063

AG -v- Smith

AG -v- Smith [2009] JRC 063 (06 April 2009)

Sentencing for heroin importation: despite the tariff and aggravating features, the court reduced sentence to 5 years because of manipulation, threats, cooperation, and low reoffending risk.

  • Drug importation
  • Sentencing
  • Mitigation
  • Duress
  • Drug-importation
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Criminal law [2004] JRC 095

AG v Yaqoob

AG v Yaqoob [2004] JRC 095 (03 June 2004)

The Jersey Royal Court imposed a 2-year probation order for heroin importation, finding the defendant’s abuse, mental health, and duress background exceptional.

  • Drug importation
  • Sentencing
  • Mitigation
  • Duress
  • Probation
  • Drug-importation
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Criminal law [2003] JCA 126

Viveiros v AG

Viveiros v AG [2003] JCA 126 (18 July 2003)

The Court of Appeal refused leave to appeal a seven-year sentence for possession of heroin with intent to supply, holding the Royal Court’s starting point and mitigation were proper.

  • Sentencing
  • Drug offences
  • Appeals
  • Mitigation
  • Duress
  • Drug-sentencing
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Trusts [1999] UR 108

1999/108 - Lex Trust Company

1999/108 - Lex Trust Company [1999] UR 108 (11 June 1999)

Jersey court approved a trustee’s proposed agreements over trust assets, rejecting a beneficiary’s duress claim and finding the arrangements just and equitable.

  • Court approval of trustee actions
  • Variation of trust
  • Fraud and dishonesty
  • Beneficiary rights
  • Estoppel
  • Duress
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Criminal law

Att. Gen. v Shaw

Att. Gen. v Shaw [1992] JLR_Note 5a (22 May 1992)

A Jersey contempt note stating that duress may be taken into account in mitigation in contempt of court proceedings.

  • Contempt of court
  • Mitigation
  • Duress
  • Contempt-of-court
  • Criminal-law
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Contract law [1981] JLR 103

Bisson (nee Ferbrache) v Bisson

Bisson (nee Ferbrache) v Bisson [1981] JLR 103 (13 July 1981)

The court held that paying less than half a property's true value was not, by itself, enough to prove duress, but violence-induced fear could avoid a contract ab initio.

  • Duress
  • Evidence
  • Contract avoidance
  • Contract-law
  • Contract-avoidance
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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.