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Jersey Case Law

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Contract law [2024] JCA 069

HRCKY Limited v Hard Rock Limited and Anor

HRCKY Limited v Hard Rock Limited and Anor [2024] JCA 069 (05 April 2024)

The Court of Appeal dismissed HRCKY’s appeal over a Hard Rock franchise dispute, upholding findings of no actionable misrepresentation, no damages claim, and no dol par réticence in commercial contracts.

  • Misrepresentation
  • Fraudulent misrepresentation
  • Dol par réticence
  • Implied duty of good faith
  • Erreur
  • Causation
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Contract law [2023] JRC 169

Hard Rock Limited and Anor v HRCKY Limited

Hard Rock Limited and Anor v HRCKY Limited [2023] JRC 169 (21 September 2023)

The Royal Court of Jersey considered claims that Hard Rock misrepresented franchise profitability, failed to disclose material facts, and breached an implied duty of good faith.

  • Misrepresentation
  • Dol (fraud)
  • Erreur (mistake)
  • Implied duty of good faith
  • Franchise agreements
  • Disclosure obligations
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Trusts [2022] JRC 150

Patel v JTC Trust Company Limited and Ors

Patel v JTC Trust Company Limited and Ors [2022] JRC 150 (12 July 2022)

The Royal Court refused the draft amendment as pleaded, but excused a procedural breach and allowed the plaintiffs to reapply with clearer particulars.

  • Amendment of pleadings
  • Fraud
  • Duress
  • Undue influence
  • Misrepresentation
  • Mistake
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Civil procedure [2021] JRC 276

Between v Geoffrey Crill

Between v Geoffrey Crill [2021] JRC 276 (10 November 2021)

The Royal Court of Jersey refused a freezing and disclosure injunction sought by Hunters Investments Limited, finding insufficient evidence of a real risk of dissipation.

  • Interim injunctions
  • Freezing orders
  • Risk of dissipation
  • Fraud
  • Misrepresentation
  • Freezing-orders
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Contract law [2021] JRC 200

Durlo and Anor v Zuch

Durlo and Anor v Zuch [2021] JRC 200 (29 July 2021)

The Royal Court of Jersey refused summary judgment, holding that a generic email disclaimer did not clearly exclude liability for knowingly untrue replies to pre-contract enquiries.

  • Misrepresentation
  • Warranties
  • Pre-contractual enquiries
  • Summary judgment
  • Exclusion clauses
  • Pre-contract-enquiries
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Civil procedure [2019] JRC 243

Hard Rock Ltd and Anor v HRCKY Ltd

Hard Rock Ltd and Anor v HRCKY Ltd [2019] JRC 243 (16 December 2019)

The Royal Court found the plaintiffs had not complied with prior discovery orders and made an unless order requiring compliance by 31 January 2020.

  • Discovery
  • Franchise agreements
  • Misrepresentation
  • Breach of contract
  • Civil-procedure
  • Commercial-litigation
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Contract law [2019] JCA 123

HRCKY v Hard Rock Limited and Anor

HRCKY v Hard Rock Limited and Anor [2019] JCA 123 (02 July 2019)

The Court of Appeal allowed an appeal against summary dismissal of a counter-claim, holding that alleged fraud, good-faith issues, and disclosure gaps required trial.

  • Summary judgment
  • Misrepresentation
  • Fraud (dol)
  • Implied duty of good faith
  • Entire agreement clauses
  • Contract nullity
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Contract law [2019] JRC 054

Smith and Bracken-Smith v Jersey Oak Limited 01-04-2019

Smith and Bracken-Smith v Jersey Oak Limited 01-04-2019 [2019] JRC 054 (01 April 2019)

The Jersey Royal Court rejected claims that a commercial lease was void for misrepresentation or dol, and declined to cancel it despite some unauthorised works.

  • Lease cancellation
  • Misrepresentation
  • Breach of lease
  • Implied terms
  • Planning law compliance
  • Lease-cancellation
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Contract law [2018] JCA 152

Hard Rock Limited and Hard Rock Cafe International (STP Inc) v HRCKY Limited

Hard Rock Limited and Hard Rock Cafe International (STP Inc) v HRCKY Limited [2018] JCA 152 (30 August 2018)

The Court of Appeal granted leave to appeal in part against summary dismissal of a counterclaim, but refused leave on the implied good faith claim.

  • Summary judgment
  • Leave to appeal
  • Misrepresentation
  • Implied duty of good faith
  • Franchise agreements
  • Causal link for damages
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Contract law [2018] JRC 102A

Mackie v Scott

Mackie v Scott [2018] JRC 102A (14 June 2018)

The Royal Court of Jersey held that a standard tout tel clause did not exclude liability for pre-contractual misrepresentation.

  • Misrepresentation
  • Interpretation of contractual clauses
  • Vices cachés
  • Conveyancing
  • Exclusion clauses
  • Contract-interpretation
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