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Jersey Case Law

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Property law [2021] JRC 197

E v F, G and H

E v F, G and H [2021] JRC 197 (26 July 2021)

The court refused an immediate application for licitation over jointly owned property, holding it was premature until the parties’ interests were first determined.

  • Licitation
  • Co-ownership
  • Partition of property
  • Summary judgment
  • Unjust enrichment
  • Mediation
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Civil procedure [2019] JRC 085

Carr v Liston

Carr v Liston [2019] JRC 085 (10 May 2019)

Post-judgment costs ruling holding the court was not functus officio. The plaintiff received standard-basis costs up to the substantive judgment, plus ÂŁ18,000 on account.

  • Costs
  • Functus officio
  • Indemnity costs
  • Standard basis costs
  • Mediation
  • Delay in application
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Civil procedure [2017] JRC 115

Horne -v- Equity Trust (Jersey) Limited

Horne -v- Equity Trust (Jersey) Limited [2017] JRC 115 (24 July 2017)

The court ordered mediation before discovery and witness statements, citing proportionality and the risk that costs would outstrip the amount in dispute.

  • Costs
  • Mediation
  • Discovery
  • Case management
  • Civil-procedure
  • Costs-budgeting
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Civil procedure [2017] JRC 116

Hong Kong Foods Ltd and Gibbons -v- Robin Hood Curry and Ors

Hong Kong Foods Ltd and Gibbons -v- Robin Hood Curry and Ors [2017] JRC 116 (24 July 2017)

Costs ruling after judgment: the Royal Court awarded the defendants standard-basis costs, declining to make a further indemnity costs order.

  • Costs
  • Indemnity costs
  • Standard costs
  • Mediation
  • Non-compliance with court orders
  • Indemnity-costs
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Civil procedure [2016] JRC 203B

Carry -v- Liston

Carry -v- Liston [2016] JRC 203B (08 November 2016)

Costs ruling in a boundary dispute: the court awarded the plaintiff standard costs for the withdrawn possession claim until 31 May 2016, then indemnity costs thereafter.

  • Costs
  • Adverse possession
  • Proprietary estoppel
  • Boundary disputes
  • Mediation
  • Boundary-disputes
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Property law [2016] JRC 073

Fogarty -v- St Martin's Cottage Ltd

Fogarty -v- St Martin's Cottage Ltd [2016] JRC 073 (30 March 2016)

On costs after a property encroachment dispute, the court found the plaintiff was overall more successful and ordered the defendant to pay costs, partly on an indemnity basis for a wrongful fraud plea.

  • Boundary disputes
  • Encroachment
  • Damages
  • Costs
  • Mediation
  • Fraud pleadings
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Civil procedure

Fogarty v. St. Martin's Cottage

Fogarty v. St. Martin's Cottage [2016] 1 JLR_Note 14 (30 March 2016)

A Jersey costs decision considered whether a refusal to mediate should affect the final costs order.

  • Costs
  • Refusal of mediation
  • Civil-procedure
  • Mediation
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Evidence [2015] 1 JLR 1

Kilbey v. Grafters Ltd.

Kilbey v. Grafters Ltd. [2015] 1 JLR 1 (19 November 2014)

The court held that statements made in mediation are generally inadmissible at trial, subject to narrow exceptions for perjury, blackmail, or other unambiguous impropriety.

  • Privilege
  • Without prejudice communications
  • Mediation
  • Admissibility of evidence
  • Evidence
  • Without-prejudice-communications
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Civil procedure [2014] JRC 187

Hong Kong Foods Ltd and Another -v- Robin Hood and Another

Hong Kong Foods Ltd and Another -v- Robin Hood and Another [2014] JRC 187 (29 September 2014)

The Royal Court of Jersey allowed a delayed action to continue despite a breach of procedural rules, but ordered the plaintiffs to pay costs on the standard basis.

  • Strike out for want of prosecution
  • Assignment of lease
  • Delay in prosecution
  • Counterclaim
  • Mediation
  • Costs sanctions
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Property law [2014] JRC 140B

De la Haye -v- Corbel

De la Haye -v- Corbel [2014] JRC 140B (08 July 2014)

Summary judgment was granted in a Jersey boundary dispute, with a declaration fixing the boundary and a stay for mediation. Costs were awarded on the standard basis.

  • Boundary disputes
  • Summary judgment
  • Declaratory relief
  • Encroachment
  • Mediation
  • Costs
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