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Criminal law [2023] JRC 043

AG v Reis

AG v Reis [2023] JRC 043 (16 March 2023)

The Royal Court held it could award defence costs where the defendant had early offered to plead guilty to common assault and was convicted only of that alternative offence.

  • Defence costs
  • Summary assessment
  • Legal aid
  • Acquittal
  • Conviction
  • Discretion in costs awards
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Criminal law [2022] JCA 278

Le Lay v HM Attorney General

Le Lay v HM Attorney General [2022] JCA 278 (15 December 2022)

The Court of Appeal reduced Shawn Le Lay’s sentence from 5 years 6 months to 5 years after finding he was wrongly denied the chance to make mitigation before sentence.

  • Sentencing
  • Procedural fairness
  • Judicial recusal
  • Legal aid
  • Mitigation
  • Mental health in sentencing
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Civil procedure [2022] JRC 192

Booth v Viscount and Anor

Booth v Viscount and Anor [2022] JRC 192 (16 September 2022)

On a post-judgment costs application, the Royal Court ordered Mr Booth to pay half of the defendants’ costs, with enforcement requiring prior leave.

  • Costs
  • Assignment of cause of action
  • Litigant in person
  • Legal aid
  • Civil-procedure
  • Assignment-of-cause-of-action
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Criminal law [2021] JRC 328

AG v Baksa

AG v Baksa [2021] JRC 328 (24 December 2021)

The Royal Court considered a wasted costs application after prosecution disclosure failures delayed a jury trial, but made no order because the defendant was legally aided.

  • Wasted costs orders
  • Disclosure failures
  • Negligence by prosecution
  • Legal aid
  • Wasted-costs-orders
  • Criminal-disclosure
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Criminal law [2021] JRC 125

Pearce v AG 29-Apr-2021

Pearce v AG 29-Apr-2021 [2021] JRC 125 (29 April 2021)

The Royal Court refused bail, directed further disclosure under a saisie judiciaire, and adjourned Pearce’s variation application until he complied.

  • Saisie judiciaire
  • Confiscation
  • Bail
  • Legal aid
  • Contempt of court
  • Saisie-judiciaire
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Administrative law [2018] JRC 124

J -v- His Excellency the Lieutenant Governor

J -v- His Excellency the Lieutenant Governor [2018] JRC 124 (11 July 2018)

The Royal Court awarded standard costs to an applicant who succeeded in judicial review of a deportation decision, holding that legal aid did not bar recovery.

  • Costs in judicial review
  • Procedural impropriety
  • Proportionality
  • Legal aid
  • Deportation orders
  • Judicial-review-costs
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Contract [2017] JRC 113

Holmes -v- Lingard

Holmes -v- Lingard [2017] JRC 113 (21 July 2017)

The Royal Court held there was no triable case that a binding June 2011 agreement had been made, struck out the related claims, and allowed only an unjust enrichment claim to proceed.

  • Strike out
  • Summary judgment
  • Amendment of pleadings
  • Unjust enrichment
  • Misrepresentation
  • Reflective loss
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Insolvency [2016] JCA 218

Booth -v- The Viscount

Booth -v- The Viscount [2016] JCA 218 (24 November 2016)

The Jersey Court of Appeal held that the Code of 1771 did not bar return of litigation claims to a debtor in désastre, and the Viscount’s refusal was unreasonable.

  • DĂ©sastre proceedings
  • Assignment of claims
  • Judicial review of liquidator decisions
  • Champerty and maintenance
  • Access to justice
  • Legal aid
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Civil procedure [2016] JCA 203

Home Farm Developments Ltd and Ors -v- Le Sueur

Home Farm Developments Ltd and Ors -v- Le Sueur [2016] JCA 203 (08 November 2016)

The Court of Appeal refused permission to appeal to the Privy Council, holding the challenge was late, discretionary, and raised no arguable error of law.

  • Appeal procedure
  • Case management
  • Amendment of pleadings
  • Access to court
  • Legal aid
  • Rectification
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Civil procedure [2016] JRC 198A

Holmes -v- Lingard

Holmes -v- Lingard [2016] JRC 198A (31 October 2016)

The court refused a stay pending judicial review and declined a preliminary issue on settlement, ordering that all issues proceed to a single trial.

  • Stay of proceedings
  • Judicial review
  • Legal aid
  • Preliminary issues
  • Disclosure
  • Settlement agreements
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