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Jersey Case Law

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Insolvency [2022] JRC 259

Representation of Vidya AG re Sumner Group Holdings Limited

Representation of Vidya AG re Sumner Group Holdings Limited [2022] JRC 259 (28 November 2022)

The Jersey Royal Court granted a creditor’s winding-up application, finding a valid liquidated debt, no substantial dispute, and rejecting claims of termination and non-performance.

  • Creditors' winding up
  • Statutory demand
  • Liquidated claim
  • Summary judgment standard
  • Disputed debt
  • Creditors-winding-up
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Insolvency [2020] JCA 168

Cochrane v Harbour Fund II LLP and the Viscount

Cochrane v Harbour Fund II LLP and the Viscount [2020] JCA 168 (14 August 2020)

The Court of Appeal refused Dr Cochrane’s out-of-time appeal against a declaration of désastre, finding nearly three years’ delay unjustified and the proposed appeal weak.

  • Extension of time to appeal
  • Declaration of dĂ©sastre
  • Liquidated claim
  • Realisable assets
  • Litigation funding
  • Guarantee liability
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Insolvency [2017] JRC 007

Harbour -v- Orb

Harbour -v- Orb [2017] JRC 007 (12 January 2017)

The Jersey Royal Court declared Orb a.r.l. and Dr Gail Cochrane en désastre on Harbour II LP's application, rejecting a late English counterclaim and adjournment request.

  • Declaration en dĂ©sastre
  • Liquidated claim
  • Personal guarantee
  • Creditor remedies
  • Set-off and counterclaim
  • Realisable assets
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Insolvency [2016] JRC 171

Rep of Harbour -v- Orb

Rep of Harbour -v- Orb [2016] JRC 171 (28 September 2016)

The Royal Court held that Harbour was a creditor and ORB was cash-flow insolvent, but refused to issue a letter of request because England lacked a sufficient connection.

  • Letter of request
  • Administration order
  • Liquidated claim
  • Cash-flow insolvency
  • Jurisdiction
  • Discretion in insolvency proceedings
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Insolvency [1999] UR 131

1999/131 - Midland Ship Repairs

1999/131 - Midland Ship Repairs [1999] UR 131 (22 July 1999)

The court refused a declaration en désastre because the applicant’s debt was subject to a substantial counterclaim, making it insufficiently incontestable.

  • Declaration en dĂ©sastre
  • Liquidated claim
  • Counterclaim
  • Insolvency requirements
  • Declaration-en-desaistre
  • Liquidated-claims
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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.