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Jersey Case Law

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Contract law [2024] JCA 069

HRCKY Limited v Hard Rock Limited and Anor

HRCKY Limited v Hard Rock Limited and Anor [2024] JCA 069 (05 April 2024)

The Court of Appeal dismissed HRCKY’s appeal over a Hard Rock franchise dispute, upholding findings of no actionable misrepresentation, no damages claim, and no dol par réticence in commercial contracts.

  • Misrepresentation
  • Fraudulent misrepresentation
  • Dol par rĂ©ticence
  • Implied duty of good faith
  • Erreur
  • Causation
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Civil procedure [2023] JRC 152

Patel v JTC Trust Company Limited

Patel v JTC Trust Company Limited [2023] JRC 152 (22 August 2023)

The Royal Court partly allowed an appeal on pleadings, permitting misrepresentation and dishonest assistance amendments, but rejecting dol and conspiracy amendments.

  • Amendment of pleadings
  • Fraudulent misrepresentation
  • Dol
  • Dishonest assistance
  • Conspiracy
  • Mistake
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Contract law [2022] JRC 202

Hore and Anor v Valmorbida and Anor -

Hore and Anor v Valmorbida and Anor - [2022] JRC 202 (30 September 2022)

The Jersey Royal Court held that fraud vitiated consent to a Settlement Agreement in an art joint venture, setting it aside and awarding restitution and damages.

  • Fraudulent misrepresentation
  • Deceit
  • Breach of fiduciary duty
  • Vitiation of consent
  • Waiver and affirmation
  • Restitution
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Civil procedure [2022] JRC 172

Hard Rock Limited and Anor v HRCKY Limited

Hard Rock Limited and Anor v HRCKY Limited [2022] JRC 172 (18 August 2022)

Appeal against refusal to strike out a counterclaim for discovery breaches was dismissed; the court held the late disclosure of one report did not justify strike-out.

  • Strike-out applications
  • Discovery obligations
  • Unless orders
  • Fraudulent misrepresentation
  • Abuse of process
  • Strike-out
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Civil procedure [2022] JRC 055

Hard Rock Cafe International (STP) Inc and Anor v HRCKY Limited

Hard Rock Cafe International (STP) Inc and Anor v HRCKY Limited [2022] JRC 055 (01 March 2022)

The court refused to strike out the plaintiffs’ answer for discovery non-compliance, but found a deliberate breach and ordered further disclosure about a 2006 strategic report.

  • Discovery
  • Unless orders
  • Fraudulent misrepresentation
  • Breach of contract
  • Good faith
  • Strike out applications
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Civil procedure [2021] JRC 242

Hore v Valmorbida

Hore v Valmorbida [2021] JRC 242 (30 September 2021)

The Royal Court held it had discretion to hand down judgment after settlement and decided to publish, citing public interest and the case’s legal significance.

  • Judicial discretion to deliver judgment after settlement
  • Fraudulent misrepresentation
  • Waiver and affirmation in contract law
  • Public interest in publication of judgments
  • Judicial-discretion-after-settlement
  • Public-interest-publication
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Civil procedure [2020] JRC 079

Hard Rock Limited and Anor v HRCKY Limited

Hard Rock Limited and Anor v HRCKY Limited [2020] JRC 079 (05 May 2020)

The Royal Court found serious discovery non-compliance by the plaintiffs, granted one final chance to comply, and ordered indemnity costs and a ÂŁ5,000 payment on account.

  • Discovery
  • Sanctions for non-compliance
  • Fraudulent misrepresentation
  • Costs
  • Civil-procedure
  • Sanctions-for-non-compliance
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Wills and probate [2018] JRC 031

In the matter of II

In the matter of II [2018] JRC 031 (7 February 2018)

Appeals against strike-out orders were dismissed. The court held the sons had no direct cause of action, and fraud allegations were inadequately particularised.

  • Strike-out applications
  • Fraudulent misrepresentation
  • Testamentary capacity
  • Undue influence
  • Legitime rights
  • Negligence of legal advisers
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Criminal law [2013] JRC 151

AG -v- Gaber

AG -v- Gaber [2013] JRC 151 (31 July 2013)

On sentence for reckless fraud and breach of trust, the Jersey Royal Court imposed 14 months' imprisonment despite mitigation, including a guilty plea and medical evidence.

  • Breach of trust
  • Fraudulent misrepresentation
  • Sentencing
  • Mitigation
  • Fraud
  • Breach-of-trust
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Criminal law [2012] JRC 177

AG -v- Lewis, Christmas, Foot and Cameron

AG -v- Lewis, Christmas, Foot and Cameron [2012] JRC 177 (05 October 2012)

Sentencing judgment in a Jersey fraud case involving misleading investment statements, reckless and knowing misconduct, custodial terms, and director disqualification.

  • Fraudulent misrepresentation
  • Reckless misstatement
  • Director disqualification
  • Confiscation
  • Sentencing
  • Investment-fraud
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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.