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Jersey Case Law

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Contract law [2021] JRC 065

O'Hare v Burgher 04-Mar-2021

O'Hare v Burgher 04-Mar-2021 [2021] JRC 065 (04 March 2021)

The Jersey Royal Court construed a settlement agreement as requiring the defendant to vacate a property within three months, granting summary judgment for the plaintiff.

  • Interpretation of contracts
  • Specific performance
  • Vacant possession
  • Lease cancellation
  • Contract-interpretation
  • Summary-judgment
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Contract law [2020] JRC 230

Representation of G Finance Limited and HSBC International Trustee Limited Jersey Branch 03-Nov-2020

Representation of G Finance Limited and HSBC International Trustee Limited Jersey Branch 03-Nov-2020 [2020] JRC 230 (03 November 2020)

The Jersey Royal Court rectified a 2017 loan agreement to stop interest accruing from 6 April 2017, and construed later 2018 and 2019 agreements accordingly.

  • Rectification of contracts
  • Interpretation of contracts
  • Mistake in contracts
  • Trustee powers
  • Loan agreements
  • Rectification-of-contracts
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Contract law [2020] JCA 067

Trico Limited v Buckingham

Trico Limited v Buckingham [2020] JCA 067 (11 May 2020)

The Court of Appeal held that the Side Letter was too uncertain to construe on summary judgment and that factual disputes required a trial.

  • Interpretation of contracts
  • Summary judgment
  • Enforceability of side letters
  • Termination of contractual obligations
  • Contract-interpretation
  • Summary-judgment
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Property law [2018] JRC 177

Bateman v Angel Fish Limited

Bateman v Angel Fish Limited [2018] JRC 177 (25 September 2018)

The Royal Court of Jersey construed 1908 restrictive covenants on Bentcliffe, granting declarations on wall and roof height limits but refusing a broader height interpretation and any ruling on the proposed scheme.

  • Servitudes
  • Restrictive covenants
  • Interpretation of contracts
  • Declaratory relief
  • Restrictive-covenants
  • Declaratory-relief
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Property law [2016] JCA 180

Fogarty -v- St Martin's Cottage Limited

Fogarty -v- St Martin's Cottage Limited [2016] JCA 180 (05 October 2016)

The Court of Appeal held that a boundary contract moved the boundary and, on the facts, destination de père de famille applied. Damages in lieu of removal were also upheld.

  • Boundary disputes
  • Encroachment
  • Servitudes
  • Relief (property law)
  • Estoppel
  • Interpretation of contracts
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Contract law [2016] JRC 153

Minister for Infrastructure -v- Parish of St Helier

Minister for Infrastructure -v- Parish of St Helier [2016] JRC 153 (02 September 2016)

The Jersey Royal Court held that the Bellozanne covenants were tied to the existing destructors and had expired when they were dismantled, so refuse charges could be introduced.

  • Interpretation of contracts
  • Servitudes
  • Public property
  • Polluter pays principle
  • Declaratory relief
  • Contract-interpretation
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Property law [2009] JRC 090

La Petite Croatie Ltd -v- Ledo

La Petite Croatie Ltd -v- Ledo [2009] JRC 090 (29 April 2009)

The Royal Court held that a restrictive covenant over land south of Number 2 Pigneaux Farm did not extend to the cottage, so the plaintiff’s injunction claim failed.

  • Restrictive covenants
  • Servitudes
  • Building schemes
  • Land development
  • Interpretation of contracts
  • Restrictive-covenants
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Contract law [2005] JRC 019

Bespoke Investments v Lincoln Nominess

Bespoke Investments v Lincoln Nominess [2005] JRC 019 (23 February 2005)

The court construed a share vending agreement for a country house sale, holding that functioning audio and CCTV systems and some chattels were promised, but dismissing the saddles claim.

  • Interpretation of contracts
  • Parol evidence rule
  • Entire agreement clauses
  • Sale of land and chattels
  • Measure of damages
  • Contract-interpretation
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Contract law [2004] JRC 132

Jersey Electricity Company v Brocken & Fitzpatrick

Jersey Electricity Company v Brocken & Fitzpatrick [2004] JRC 132 (27 July 2004)

The Royal Court held that the contract did not wholly exclude tort liability, so the third party could still be a tortfeasor for contribution purposes.

  • Contribution between tortfeasors
  • Concurrent liability in contract and tort
  • Exclusion and limitation clauses
  • Interpretation of contracts
  • Preliminary issues procedure
  • Contribution-between-tortfeasors
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Property law [1998] UR 220

1998/220 - Blampied representation

1998/220 - Blampied representation [1998] UR 220 (4 November 1998)

The Jersey court refused to rectify restrictive covenants in Croydon Terrace contracts, but interpreted them as limited to the gardens of the properties conveyed.

  • Rectification of contract
  • Restrictive covenants
  • Interpretation of contracts
  • Servitudes
  • Rectification-of-contract
  • Restrictive-covenants
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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.