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Jersey Case Law

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Trusts and estates [2019] JCA 150

Brakspear v Nedbank Trust (Jersey) Limited

Brakspear v Nedbank Trust (Jersey) Limited [2019] JCA 150 (30 July 2019)

Leave to appeal was refused in a trust dispute over the Westley Trust, with the Court of Appeal upholding strike-out on prescription and issue estoppel grounds.

  • Breach of trust
  • Fiduciary duty
  • Conspiracy to injure
  • Prescription (limitation)
  • Res judicata
  • Issue estoppel
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Trusts [2015] JRC 233

MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2015] JRC 233 (17 November 2015)

Jersey trust dispute over advice, asset transfers, and trust administration, involving claims for negligent misstatement, fiduciary breach, breach of trust, and dishonest assistance.

  • Breach of fiduciary duty
  • Negligent misstatement
  • Breach of trust
  • Dishonest assistance
  • Prescription (limitation)
  • Trusts
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Equity and trusts [2014] JRC 078A

Nolan -v- Minerva Trust and Others

Nolan -v- Minerva Trust and Others [2014] JRC 078A (25 March 2014)

The Royal Court of Jersey held that Minerva Trust and its officers dishonestly assisted Mr Walsh in misapplying Nolan family investment funds.

  • Dishonest assistance
  • Constructive trust
  • Resulting trust
  • Quistclose trust
  • Breach of trust
  • Prescription (limitation)
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Civil procedure [2003] JRC 176

Coutts v Frith

Coutts v Frith [2003] JRC 176 (13 October 2003)

The court dismissed an appeal against a costs order, holding it was fair for the Plaintiffs to bear the Defendants’ third-party costs after maintaining a prescribed tort claim.

  • Costs of third party proceedings
  • Prescription (limitation)
  • Striking out claims
  • Discretion in costs orders
  • Third-party-costs
  • Prescription-limitation
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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.