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Jersey Case Law

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Bankruptcy [2024] JRC 132

Booth v Viscount of the Royal Court of Jersey

Booth v Viscount of the Royal Court of Jersey [2024] JRC 132 (12 June 2024)

The Royal Court refused Mr Booth’s application to require the Viscount to assign him a negligence claim over a 2013 King's Oak valuation.

  • Assignment of claims in bankruptcy
  • Right to fair trial
  • Discretion of bankruptcy official
  • Negligence in property valuation
  • Issue estoppel
  • Collateral attack
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Property

Booth v Viscount of the Royal Court of Jersey

The Royal Court refused Mr Booth’s challenge to the Viscount’s refusal to assign him a negligence claim over a 2013 King’s Oak valuation.

  • Assignment of claim
  • Valuation negligence
  • DĂ©sastre
  • Judicial review of viscount's decision
  • Article 3
  • Article 6
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Civil procedure [2023] JRC 243

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors [2023] JRC 243 (05 December 2023)

The Jersey Royal Court granted summary judgment recognising and enforcing a Dubai judgment, rejecting natural justice and public policy objections as having no realistic prospect.

  • Enforcement of foreign judgments
  • Res judicata
  • Issue estoppel
  • Abuse of process
  • Summary judgment
  • Public policy
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Civil procedure [2023] JRC 055

Booth v Viscount

Booth v Viscount [2023] JRC 055 (12 April 2023)

The Royal Court refused to strike out Mr Booth’s claim over the Viscount’s refusal to reassign a 2013 King's Oak valuation claim, but required fuller particulars.

  • Strike out applications
  • Cause of action estoppel
  • Issue estoppel
  • Abuse of process
  • Assignment of claims
  • Supervisory jurisdiction
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Evidence [2021] JRC 231

W v X

W v X [2021] JRC 231 (16 September 2021)

The Royal Court of Jersey refused to strike out references to a criminal conviction in a personal injury claim and declined to stay the civil case pending possible further criminal proceedings.

  • Admissibility of criminal convictions in civil proceedings
  • Stay of proceedings pending criminal appeal
  • Issue estoppel
  • Costs orders
  • Evidence
  • Civil-procedure
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Employment law [2020] JRC 206

Alwitry v States Employment Board

Alwitry v States Employment Board [2020] JRC 206 (08 October 2020)

The Royal Court refused the States Employment Board’s bid to limit Mr Alwitry’s damages to the date of an alleged breakdown in relations, holding the issue was already finally determined.

  • Wrongful dismissal
  • Damages assessment
  • Johnson exclusion area
  • Gunton extension
  • Issue estoppel
  • Abuse of process
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Trust law

Brakspear v Nedgroup Trust (Jersey) Limited

The Court of Appeal refused leave to appeal against a strike-out order, holding the claims were prescribed or barred by issue estoppel and abuse of process.

  • Leave to appeal
  • Strike out
  • Prescription
  • Issue estoppel
  • Res judicata
  • Abuse of process
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Trusts and estates [2019] JCA 150

Brakspear v Nedbank Trust (Jersey) Limited

Brakspear v Nedbank Trust (Jersey) Limited [2019] JCA 150 (30 July 2019)

Leave to appeal was refused in a trust dispute over the Westley Trust, with the Court of Appeal upholding strike-out on prescription and issue estoppel grounds.

  • Breach of trust
  • Fiduciary duty
  • Conspiracy to injure
  • Prescription (limitation)
  • Res judicata
  • Issue estoppel
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Trust law [2018] JRC 121

Brakspear -v- Nedgroup Trust (Jersey) Limited

Brakspear -v- Nedgroup Trust (Jersey) Limited [2018] JRC 121 (05 July 2018)

The Royal Court struck out a trust claim, holding the plaintiffs’ allegations were prescribed, insufficiently particularised as fraud, and barred by res judicata.

  • Strike out application
  • Res judicata
  • Issue estoppel
  • Abuse of process
  • Prescription/limitation
  • Pleading fraud
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Private international law [2017] JRC 204

Dubai Islamic Bank PJSC v Ridley

Dubai Islamic Bank PJSC v Ridley [2017] JRC 204 (05 December 2017)

Appeal partly allowed: Sharia-law defences and related issues were not suitable for strike out and had to go to trial; issue estoppel on fraud remained.

  • Strike out applications
  • Governing law clauses
  • Sharia law in contracts
  • Tracing claims
  • Res judicata
  • Issue estoppel
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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.