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Jersey Case Law

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Civil procedure [2022] JRC 051

Monteagle Int'l Ltd and Anor v Grocery Market Research Ltd and Anor

Monteagle Int'l Ltd and Anor v Grocery Market Research Ltd and Anor [2022] JRC 051 (28 February 2022)

The Royal Court allowed joinder of three proposed third parties to a counterclaim and permitted service out on two South African companies.

  • Joinder of parties
  • Service out of jurisdiction
  • Shareholder rights
  • Breach of confidence
  • Forum conveniens
  • Joinder-of-parties
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Civil procedure [2020] JRC 078

BNP Paribas Jersey Trust Corporation Limited v de Bourbon des Deux Siciles

BNP Paribas Jersey Trust Corporation Limited v de Bourbon des Deux Siciles [2020] JRC 078 (01 May 2020)

The Jersey Royal Court set aside leave to serve out of jurisdiction, holding Rule 7(f) was not met and Jersey was not the appropriate forum.

  • Service out of jurisdiction
  • Jurisdictional gateway
  • Forum conveniens
  • Freezing orders
  • Conspiracy
  • Breach of trust
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Trusts

In the matter of the Russian Trust

The Royal Court rejected a challenge to service out and held Jersey was the proper forum for disputes over the Russian Trust and Lilianfeld shares.

  • Forum conveniens
  • Service out of the jurisdiction
  • Jurisdiction
  • Beneficial ownership of trust asset
  • Trusts
  • Civil-procedure
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Trust law [2016] JRC 106A

Heinrichs -v- Pantrust and Others

Heinrichs -v- Pantrust and Others [2016] JRC 106A (16 June 2016)

The court upheld leave to serve out of the jurisdiction in a trust dispute, found Jersey the clearest forum for trust issues, and struck out loan-related relief.

  • Jurisdiction
  • Service out of jurisdiction
  • Forum conveniens
  • Trustee removal
  • Proper law of trust
  • Sham trust allegations
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Trusts [2015] JRC 208

Representation of the Manor House Trust and the Russian Trust

Representation of the Manor House Trust and the Russian Trust [2015] JRC 208 (08 October 2015)

The Royal Court of Jersey upheld leave to serve trust proceedings out of the jurisdiction, holding Jersey was the clearly most appropriate forum and no material non-disclosure was shown.

  • Jurisdiction
  • Forum conveniens
  • Removal of trustees
  • Proper law of trusts
  • Service out of jurisdiction
  • Sham trusts
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Trust law [2014] 2 JLR 508

Crociani v. Crociani

Crociani v. Crociani [2014] 2 JLR 508 (26 November 2014)

The court held that an exclusive jurisdiction clause in a trust instrument could determine the governing law of the trust, not merely the forum, following appointment of a new trustee.

  • Exclusive jurisdiction clauses
  • Forum conveniens
  • Governing law of trusts
  • Trust-law
  • Private-international-law
  • Exclusive-jurisdiction-clauses
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Conflict of laws [2014] 2 JLR 465

Campbell v. Campbell

Campbell v. Campbell [2014] 2 JLR 465 (07 November 2014)

The case states that on a forum non conveniens stay, the defendant must show another forum is more appropriate, while on setting aside service out, the plaintiff must show Jersey is appropriate.

  • Forum conveniens
  • Burden of proof
  • Jurisdiction
  • Service out of jurisdiction
  • Forum-non-conveniens
  • Service-out-of-jurisdiction
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Civil procedure [2014] 2 JLR 527

Maywal Ltd. v. Nautech Servs.

Maywal Ltd. v. Nautech Servs. [2014] 2 JLR 527 (25 September 2014)

The case concerns service out of jurisdiction in Jersey, setting out the test under Service of Process Rules r.7 and holding that each cause of action must satisfy it.

  • Service out of jurisdiction
  • Forum conveniens
  • Good arguable case
  • Serious issue to be tried
  • Civil-procedure
  • Service-out-of-jurisdiction
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Trust law [2014] 1 JLR 426

Crociani v. Crociani

Crociani v. Crociani [2014] 1 JLR 426 (07 April 2014)

A Jersey trust case on whether an exclusive jurisdiction clause changed the governing law or the forum for disputes after appointment of a new trustee.

  • Exclusive jurisdiction clause
  • Governing law
  • Forum conveniens
  • Trust-law
  • Private-international-law
  • Exclusive-jurisdiction-clause
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Civil procedure [2014] 1 JLR 361

Nautech v CSS Ltd.

Nautech v CSS Ltd. [2014] 1 JLR 361 (20 March 2014)

Application for service out of jurisdiction was justified because the claim fell within the relevant rules, raised a serious issue, and Jersey was the forum conveniens.

  • Service out of jurisdiction
  • Forum conveniens
  • Strike-out application
  • Civil-procedure
  • Service-out-of-jurisdiction
  • Forum-conveniens
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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.