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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 [2019] JRC 054

Smith and Bracken-Smith v Jersey Oak Limited 01-04-2019

Smith and Bracken-Smith v Jersey Oak Limited 01-04-2019 [2019] JRC 054 (01 April 2019)

The Jersey Royal Court rejected claims that a commercial lease was void for misrepresentation or dol, and declined to cancel it despite some unauthorised works.

  • Lease cancellation
  • Misrepresentation
  • Breach of lease
  • Implied terms
  • Planning law compliance
  • Lease-cancellation
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Land law [2013] 1 JLR 36

Charles House v Primal Properties

Charles House v Primal Properties [2013] 1 JLR 36 (13 December 2012)

The Royal Court held it lacked jurisdiction to make a possession order in separate proceedings; that jurisdiction lay with the Petty Debts Court.

  • Possession orders
  • Jurisdiction
  • Lease cancellation
  • Land-law
  • Possession-orders
  • Lease-cancellation
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Landlord and tenant [2012] JRC 230

Charles House -v- Primal Properties

Charles House -v- Primal Properties [2012] JRC 230 (13 December 2012)

The Royal Court held it had no jurisdiction to grant a possession order in separate proceedings after cancelling a lease; possession had to be sought in the cancellation proceedings.

  • Jurisdiction of royal court and petty debts court
  • Possession orders
  • Lease cancellation
  • Statutory interpretation
  • Lease-cancellation
  • Possession-orders
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Property law [1998] UR 226A

1998/226A - Beghins Shoes Ltd and ors v Avancement Limited

1998/226A - Beghins Shoes Ltd and ors v Avancement Limited [1998] UR 226A (13 November 1998)

The court held that a consent order binding the parties prevented the defendant from pleading an earlier lease cancellation date than 11 August 1996.

  • Lease cancellation
  • Consent orders
  • Striking out pleadings
  • Abuse of process
  • Lease-cancellation
  • Consent-orders
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Landlord and tenant [1991] JLR 197

Le Cornu v Heat Pump Bureau

Le Cornu v Heat Pump Bureau [1991] JLR 197 (19 June 1991)

The Royal Court could cancel a lease, but possession and any delay in possession were within the exclusive jurisdiction of the Petty Debts Court.

  • Jurisdiction
  • Lease cancellation
  • Possession orders
  • Landlord-and-tenant
  • Lease-cancellation
  • Possession-orders
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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.