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Jersey Case Law

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Civil procedure [2018] JRC 176

RTI Limited v Mykolayiv Customs Office

RTI Limited v Mykolayiv Customs Office [2018] JRC 176 (21 September 2018)

The Royal Court of Jersey allowed an appeal and set aside a judicial order giving effect to a Letter of Request because the request lacked supporting evidence and clarity.

  • Service of process
  • Letters of request
  • Taking of evidence
  • Comity
  • Jurisdiction
  • Mutual legal assistance
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Insolvency [2017] JRC 025

Rep of Viscount re Cochrane and Orb ARL

Rep of Viscount re Cochrane and Orb ARL [2017] JRC 025 (16 February 2017)

The Jersey Royal Court granted letters of request to the English High Court so the Viscount could investigate assets, obtain records, and act in two désastres.

  • DĂ©sastre
  • Letters of request
  • Recognition of insolvency officeholder
  • Information gathering
  • Section 426 insolvency act 1986
  • Desastre
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Trust law [2016] JRC 110

J -v- K and Others

J -v- K and Others [2016] JRC 110 (27 June 2016)

The Royal Court upheld a foreign letter of request in divorce proceedings, finding procedural defects did not defeat jurisdiction and ordering limited redactions to requested trust-related questions.

  • Letters of request
  • Confidentiality
  • Comity
  • Matrimonial proceedings
  • Trustee disclosure
  • Letters-of-request
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Insolvency law

Metropolitan Life Insurance Company v Dalton Airfield Estate Limited

The Royal Court granted Metlife’s application for a letter of request to the Court of Session in Scotland to seek an administration order for Dalton Airfield Estate Limited.

  • Letters of request
  • Administration order
  • Cross-border insolvency
  • Priority of creditors
  • Court’s inherent jurisdiction
  • Letters-of-request
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Civil procedure [2012] JRC 076

Representation of Williams and Clark

Representation of Williams and Clark [2012] JRC 076 (13 April 2012)

The court held that a Letter of Request is required when seeking assistance under Article 49 of the 1990 Law; a court order alone is insufficient.

  • Letters of request
  • Court communication
  • Civil-procedure
  • Letters-of-request
  • Judicial-assistance
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Trust law [2010] JRC 001

The C Trust

The C Trust [2010] JRC 001 (04 January 2010)

The Royal Court of Jersey refused to assist the English High Court under a Letter of Request, holding that disclosure would undermine confidential Article 51 trust proceedings.

  • Assistance to foreign courts
  • Letters of request
  • Trustee duties
  • Confidentiality of trust proceedings
  • Enforcement of ancillary relief orders
  • Letters-of-request
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Criminal law [2009] JRC 217

AG -v- Bhojwani

AG -v- Bhojwani [2009] JRC 217 (23 November 2009)

The court admitted Nigerian documents obtained under letters of request, holding they met the statutory conditions and should not be excluded in the interests of justice.

  • Admissibility of foreign evidence
  • Hearsay exceptions
  • Money laundering
  • Letters of request
  • Interests of justice exclusion
  • Admissibility-of-evidence
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Criminal law [2009] JRC 060F

AG v Warren and Others

AG v Warren and Others [2009] JRC 060F (03 April 2009)

The Royal Court granted leave to appeal on antecedent records and prison visits, but refused leave on a technical issue concerning redacted letters of request.

  • Leave to appeal
  • Admissibility of evidence
  • Antecedent records
  • Prison visits
  • Letters of request
  • Leave-to-appeal
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Criminal law [2009] JRC 060G

AG v Warren and Others

AG v Warren and Others [2009] JRC 060G (03 April 2009)

The Royal Court held that evidence from letters of request could be used where the purpose was obvious, and refused further disclosure of redacted material.

  • Admissibility of evidence
  • Letters of request
  • Disclosure
  • Criminal justice (international co-operation)(jersey) law 2001
  • Admissibility-of-evidence
  • Letters-of-request
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Insolvency [2007] JCA 214

Borelli v HSBC (CI) Limited

Borelli v HSBC (CI) Limited [2007] JCA 214 (16 November 2007)

The Court of Appeal held that HSBC’s legal costs in Jersey and Hong Kong were incidental to Jersey proceedings and recoverable from the liquidator.

  • Liquidation costs
  • Letters of request
  • Jurisdiction
  • Legal expenses
  • Court discretion
  • Costs
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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.