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Jersey Case Law

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Civil procedure [2023] JRC 152

Patel v JTC Trust Company Limited

Patel v JTC Trust Company Limited [2023] JRC 152 (22 August 2023)

The Royal Court partly allowed an appeal on pleadings, permitting misrepresentation and dishonest assistance amendments, but rejecting dol and conspiracy amendments.

  • Amendment of pleadings
  • Fraudulent misrepresentation
  • Dol
  • Dishonest assistance
  • Conspiracy
  • Mistake
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Civil procedure [2020] JRC 178

Strang and Ors v de Bourbon des Deux Siciles

Strang and Ors v de Bourbon des Deux Siciles [2020] JRC 178 (07 September 2020)

The Royal Court refused to strike out a counterclaim against solicitors, holding the pleaded loss from lack of representation was arguable and could be particularised further.

  • Strike out applications
  • Loss of chance
  • Legal adviser liability
  • Pleading standards
  • Strike-out-applications
  • Professional-negligence
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Trusts and estates [2005] JCA 066

MacKinnon v Regent Trust Co Ltd

MacKinnon v Regent Trust Co Ltd [2005] JCA 066 (19 May 2005)

The Court of Appeal upheld the strike-out of pleading alleging family settlements were sham trusts, holding a common intention to mislead third parties had to be pleaded.

  • Sham trusts
  • Pleading standards
  • Rectification and mistake
  • Family settlements
  • Sham-trusts
  • Pleading-and-strike-out
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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.