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Jersey Case Law

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Insolvency [2024] JRC 265

Emirates NBD Bank PJSC v Almakhawi and Ors

Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 265 (04 December 2024)

The Jersey Royal Court granted Pauline relief, setting aside transfers and trust-related dispositions by RAM as made to defeat creditors while he was insolvent.

  • Fraudulent transfers
  • Asset protection
  • Creditor enforcement
  • Pauline action
  • Recognition of foreign judgments
  • Pauline-action
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Civil procedure [2024] JRC 086

Emirates NBD Bank PJSC v Almakhawi and Ors

Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 086 (12 April 2024)

The Royal Court adjourned a trial after accepting medical evidence that the First Defendant was unfit to attend and was the only live witness on key issues.

  • Adjournment of trial
  • Pauline action
  • Creditor protection
  • Medical evidence in litigation
  • Adjournment-of-trial
  • Pauline-action
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Private international law [2017] JRC 204

Dubai Islamic Bank PJSC v Ridley

Dubai Islamic Bank PJSC v Ridley [2017] JRC 204 (05 December 2017)

Appeal partly allowed: Sharia-law defences and related issues were not suitable for strike out and had to go to trial; issue estoppel on fraud remained.

  • Strike out applications
  • Governing law clauses
  • Sharia law in contracts
  • Tracing claims
  • Res judicata
  • Issue estoppel
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Civil procedure

Dubai Islamic Bank PJSC v Charles Ridley

Appeal from a strike-out decision partly allowed. Most Sharia-law, proper-law, construction, and trust issues were left for trial, but fraud issue estoppel was upheld.

  • Strike out
  • Summary judgment
  • Proper law
  • Sharia law
  • Res judicata
  • Issue estoppel
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Trusts [2016] JRC 102

Dubai Islamic Bank -v- Ridley

Dubai Islamic Bank -v- Ridley [2016] JRC 102 (07 June 2016)

The court struck out Sharia-law and fraud-denial pleadings, holding they were legally unsustainable and barred by estoppel or abuse of process.

  • Tracing
  • Pauline action
  • Sharia law
  • Issue estoppel
  • Abuse of process
  • Conflict of laws
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Family law [2015] JRC 119

In the matter of L

In the matter of L (Matrimonial) [2015] JRC 119 (02 June 2015)

The Royal Court set aside an earlier ancillary relief order for non-disclosure and made new provision for the wife and children, including capital, maintenance, and disclosure directions.

  • Ancillary relief
  • Non-disclosure
  • Trust asset alienation
  • Maintenance
  • Property adjustment
  • Pauline action
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Civil procedure [2012] JRC 061A

Dalemont -v- Senatorov

Dalemont -v- Senatorov [2012] JRC 061A (21 March 2012)

The Jersey Royal Court found the First, Second and Fourth Defendants in contempt for inadequate compliance with disclosure orders, and granted 28 days to comply.

  • Contempt of court
  • Disclosure orders
  • Piercing the corporate veil
  • Pauline action
  • Jurisdiction
  • Asset tracing
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Civil procedure [2012] JRC 044A

Dalemont -v- Senatorov

Dalemont -v- Senatorov [2012] JRC 044A (28 February 2012)

The Royal Court of Jersey refused to decline jurisdiction over claims tied to Russian judgments, holding the dispute concerned shares in non-Russian companies, not Russian land.

  • Jurisdiction
  • Enforcement of foreign judgments
  • Conflict of laws
  • Service out of jurisdiction
  • Pauline action
  • Enforcement-of-foreign-judgments
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Civil procedure [2012] JRC 014

Dalemont -v- Senatorov and Others

Dalemont -v- Senatorov and Others [2012] JRC 014 (12 January 2012)

The Royal Court of Jersey held that it had jurisdiction to maintain a worldwide disclosure order against a non-resident first defendant in support of post-judgment enforcement.

  • Worldwide disclosure orders
  • Jurisdiction
  • Enforcement of foreign judgments
  • Corporate veil piercing
  • Pauline action
  • Worldwide-disclosure-orders
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Civil procedure [2010] JRC 135

Eckman -v- Sidem

Eckman -v- Sidem [2010] JRC 135 (21 July 2010)

The Royal Court of Jersey refused to grant default declarations alleging alter ego and fraud, holding the untested affidavit evidence was insufficient.

  • Declaratory relief
  • Pauline action
  • Fraudulent transfers
  • Alter ego doctrine
  • Default judgment
  • Declaratory-relief
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