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Jersey Case Law

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Trusts-and-estates [2019] JCA 188

Equity Trust (Jersey) Limited v E (in his capacity as Executor of the Estate of C) 20-Sep-2019

Equity Trust (Jersey) Limited v E (in his capacity as Executor of the Estate of C) 20-Sep-2019 [2019] JCA 188 (23 September 2019)

The Court of Appeal granted unconditional leave to appeal to the JCPC and refused security for costs in a trust dispute raising issues of public importance.

  • Leave-to-appeal
  • Security-for-costs
  • Trustee's-lien
  • Trust-insolvency
  • Jurisdiction-of-court-of-appeal
  • Trusts
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Criminal-law [2016] JCA 098A

Arthur -v- AG

Arthur -v- AG [2016] JCA 098A (26 May 2016)

The Court of Appeal held it had no jurisdiction to hear an appeal against the Attorney General’s decision to indict directly to the Royal Court.

  • Right-to-appeal
  • Direct-indictment
  • Committal-proceedings
  • Jurisdiction-of-court-of-appeal
  • Criminal-procedure
  • Appellate-jurisdiction
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Appellate-procedure

Arthur v. Att. Gen.

Arthur v. Att. Gen. [2016] 1 JLR_Note 23 (26 May 2016)

Court of Appeal note addressing whether the court had jurisdiction to hear Arthur v. Attorney General.

  • Jurisdiction-of-court-of-appeal
  • Appellate-procedure
  • Court-of-appeal-jurisdiction
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Criminal-procedure [2012] 2 JLR 147

Lewis v Att. Gen.

Lewis v Att. Gen. [2012] 2 JLR 147 (22 August 2012)

The court held that extensions of time to appeal convictions must be granted by the Court of Appeal, but a good-faith reliance on an invalid extension may still be cured by a single judge.

  • Appeals
  • Extension-of-time
  • Jurisdiction-of-court-of-appeal
  • Criminal-procedure
  • Court-of-appeal-jurisdiction
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Civil-procedure [2011] JCA 151

In the matter of the Amy Tutelles

In the matter of the Amy Tutelles [2011] JCA 151 (03 August 2011)

The Court of Appeal dismissed an application for costs in favour of Mr Barnett and ordered Mr Sinel personally to pay the costs of the 28 July 2011 hearing.

  • Costs
  • Wasted-costs
  • Jurisdiction-of-court-of-appeal
  • Court-of-appeal-jurisdiction
  • Civil-procedure
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Criminal-law [2006] JLR 133

Att. Gen. v Edmond-O'Brien

Att. Gen. v Edmond-O'Brien [2006] JLR 133 (22 March 2006)

The Jersey Court of Appeal held that it could not reassess witness credibility on the written record when considering whether a conviction was unsupported by evidence.

  • Jurisdiction-of-court-of-appeal
  • Assessment-of-evidence
  • Credibility-of-witnesses
  • Criminal-appeal
  • Appellate-jurisdiction
  • Witness-credibility
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Civil-procedure [2005] JCA 066A

MacKinnon v Regent Trust and ors

MacKinnon v Regent Trust and ors [2005] JCA 066A (19 May 2005)

The Court of Appeal refused leave to appeal to the Privy Council, holding that its interlocutory strike-out ruling was not a final “decision” under Article 14.

  • Leave-to-appeal
  • Finality-of-decisions
  • Jurisdiction-of-court-of-appeal
  • Appeals-to-privy-council
  • Privy-council-appeals
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Civil-procedure [2001] JLR 570

C.I. Knitwear Co. Ltd. v Hotchkiss

C.I. Knitwear Co. Ltd. v Hotchkiss [2001] JLR 570 (22 October 2001)

The Jersey Court of Appeal held that it has jurisdiction under article 16 of the 1961 Law to decide appeal costs, including ordering costs against a non-party.

  • Costs
  • Appeal-costs
  • Jurisdiction-of-court-of-appeal
  • Civil-procedure
  • Court-of-appeal-jurisdiction
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Civil-procedure [1992] JLR 123

Le Masurier Ltd. v Alker

Le Masurier Ltd. v Alker [1992] JLR 123 (08 April 1992)

The Jersey Court of Appeal held it had no express power to rehear the appeal, and that its jurisdiction could not be enlarged by inherent jurisdiction.

  • Appeals
  • Rehearing
  • Jurisdiction-of-court-of-appeal
  • Civil-procedure
  • Appellate-jurisdiction
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Professional-discipline [1978] JLR 193

In re an Advocate v

In re an Advocate v [1978] JLR 193 (15 September 1978)

The court held that disciplinary proceedings against an advocate are a civil cause or matter for appeal under the Court of Appeal (Jersey) Law 1961, art. 12(2).

  • Disciplinary-appeals
  • Jurisdiction-of-court-of-appeal
  • Procedural-rules-for-disciplinary-matters
  • Professional-discipline
  • Civil-procedure
  • Court-of-appeal-jurisdiction
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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.