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Jersey Case Law

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Insolvency [2016] JRC 086

Booth -v- Viscount (En desastre)

Booth -v- Viscount (En desastre) [2016] JRC 086 (19 April 2016)

The Royal Court upheld the Viscount’s refusal to pursue or assign three litigation claims in a désastre, holding the decisions were reasonable and assignment was barred by the Code of 1771.

  • Assignment-of-claims
  • Discretion-of-bankruptcy-officer
  • Wednesbury-unreasonableness
  • Maintenance-and-champerty
  • D-sastre
  • Insolvency-discretion
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Civil-procedure [2013] JRC 094

Barclays Wealth Trustees (Jersey) Limited and Barclays Wealth Fund Managers (Jersey) Limited -v- Equity Trust (Jersey) Limited and Equity Trust Services Limited

Barclays Wealth Trustees (Jersey) Limited and Barclays Wealth Fund Managers (Jersey) Limited -v- Equity Trust (Jersey) Limited and Equity Trust Services Limited [2013] JRC 094 (16 May 2013)

The court held that a third party litigation funding agreement did not breach the Code of 1771 and was not an abuse of process.

  • Third-party-litigation-funding
  • Statutory-interpretation
  • Maintenance-and-champerty
  • Abuse-of-process
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Contract-law [2013] 2 JLR 22

Barclays Wealth v Equity Trust

Barclays Wealth v Equity Trust [2013] 2 JLR 22 (16 May 2013)

The court held that the Code of 1771 prohibits assignment of matters in litigation, but not third-party funding agreements for a share of proceeds.

  • Illegal-contracts
  • Public-policy
  • Maintenance-and-champerty
  • Assignment-of-litigation
  • Contract-law
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Contract-law [2012] 1 JLR 1

In re Valetta Trust v

In re Valetta Trust v [2012] 1 JLR 1 (25 November 2011)

The court held that a litigation funding agreement was not champertous where the plaintiffs kept control of the case and the arrangement facilitated access to justice.

  • Maintenance-and-champerty
  • Third-party-litigation-funding
  • Access-to-justice
  • Public-policy
  • Contract-law
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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.