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Jersey Case Law

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Civil procedure [2022] JRC 232

Carmichael v Alderton

Carmichael v Alderton [2022] JRC 232 (28 October 2022)

The Royal Court ordered disclosure of probate filings referred to in pleadings and awarded the plaintiff standard costs in a dispute over repayment of a family loan.

  • Discovery of documents
  • Loan repayment
  • Estate administration
  • Costs orders
  • Discovery-of-documents
  • Probate-litigation
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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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Mental capacity [2021] JRC 070

In the matter of D (Capacity) 12-Mar-2021

In the matter of D (Capacity) 12-Mar-2021 [2021] JRC 070 (12 March 2021)

The Royal Court appointed E and F as joint delegates for D’s property and affairs, defining the scope of their authority and preserving D’s limited spending autonomy.

  • Appointment of delegates
  • Capacity assessment
  • Estate administration
  • Mental-capacity
  • Delegate-appointment
  • Estate-administration
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Probate [2021] JRC 023

OM Estate 25-Jan-2021

OM Estate 25-Jan-2021 [2021] JRC 023 (25 January 2021)

The Jersey Royal Court resolved executor deadlock in an estate administration dispute, authorising delegation to Advocate Binnington and pruning further pointless enquiries.

  • Executor deadlock
  • Delegation of executor powers
  • Estate administration
  • Court directions
  • Trustee powers
  • Beneficiary interests
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Civil procedure [2019] JRC 180

Morelli v Morelli 17-Sep-2019

Morelli v Morelli 17-Sep-2019 [2019] JRC 180 (17 September 2019)

The Royal Court of Jersey discharged the defendants’ undertakings under a 2016 consent order, holding the Monaco civil proceedings had been concluded.

  • Freezing injunctions
  • Consent orders
  • Variation/discharge of undertakings
  • Estate administration
  • Foreign proceedings support
  • Consent-orders
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Civil procedure [2016] JRC 172

Morelli -v- Morelli

Morelli -v- Morelli [2016] JRC 172 (29 September 2016)

The Royal Court of Jersey released SSI shares from freezing injunctions, finding no good arguable proprietary claim or real dissipation risk, and refused to withhold judgment after settlement.

  • Freezing injunctions
  • Proprietary claims
  • Estate administration
  • Interim relief
  • Jurisdiction
  • Settlement and consent orders
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Family law [2015] JRC 095

W -v- X (Family)

W -v- X (Family) [2015] JRC 095 (08 May 2015)

The Royal Court declined to appoint the paternal grandfather as guardian, but ordered the constitution of tutelles to protect two children’s property interests.

  • Guardianship
  • Tutelle
  • Jurisdiction
  • Child abduction
  • Parental responsibility
  • Estate administration
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Trusts [2007] JRC 108

Royal Bank of Canada -v- Browne Family Trust

Royal Bank of Canada -v- Browne Family Trust [2007] JRC 108 (07 June 2007)

The Jersey Royal Court declared that Italian property held by Regent and Mrs Browne was held for Le Puy Holdings Limited under a nominee agreement.

  • Declaratory relief
  • Nominee agreements
  • Beneficial ownership
  • Estate administration
  • Declaratory-relief
  • Nominee-agreements
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Probate [1997] JRC 024

estate of P K Tregunna rep of Sigma design team In

estate of P K Tregunna rep of Sigma design team In [1997] JRC 024 (07 February 1997)

Probate judgment concerning the estate of P K Tregunna and the proper representation of Sigma Design Team’s interests in the estate process.

  • Estate administration
  • Probate
  • Estate-administration
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Probate [1997] JRC 020

Estate of Nils C C Lundquist rep of Mrs Lundquist

Estate of Nils C C Lundquist rep of Mrs Lundquist [1997] JRC 020 (06 February 1997)

The court granted an application for representation of the estate of Nils C C Lundquist, applying probate and succession principles to determine entitlement.

  • Estate administration
  • Representation of estate
  • Probate
  • Succession
  • Estate-administration
  • Representation-of-estate
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