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Jersey Case Law

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Civil procedure [2019] JRC 058

Toorani v Toorani

Toorani v Toorani [2019] JRC 058 (04 April 2019)

The Royal Court refused leave to appeal against refusal to discharge interim injunctions and ordered the Interveners to pay 85% of the Plaintiffs’ costs.

  • Leave to appeal
  • Interim injunctions
  • Full and frank disclosure
  • Costs orders
  • Proprietary claims
  • Leave-to-appeal
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Trust law [2018] JRC 140

Crociani v Crociani

Crociani v Crociani [2018] JRC 140 (31 July 2018)

The Royal Court ordered transfer of the Grand Trust paintings back to 23 Investments and authorised an assignment to BNP Jersey in post-judgment enforcement proceedings.

  • Breach of trust
  • Freezing injunctions
  • Assignment of rights
  • Proprietary claims
  • Compensation orders
  • Trust-law
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Civil procedure [2016] JRC 172

Morelli -v- Morelli

Morelli -v- Morelli [2016] JRC 172 (29 September 2016)

The Royal Court of Jersey released SSI shares from freezing injunctions, finding no good arguable proprietary claim or real dissipation risk, and refused to withhold judgment after settlement.

  • Freezing injunctions
  • Proprietary claims
  • Estate administration
  • Interim relief
  • Jurisdiction
  • Settlement and consent orders
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Trusts [2013] JCA 071

Brazil v Durant

Brazil v Durant [2013] JCA 071 (11 April 2013)

The Jersey Court of Appeal dismissed an appeal over fraud proceeds traced through bank accounts, upheld constructive trustee liability, and affirmed compound interest.

  • Constructive trusts
  • Knowing receipt
  • Unjust enrichment
  • Proprietary claims
  • Tracing
  • Compound interest
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Trust law [2012] JRC 084A

Perczynski -v- Perczynski and Others

Perczynski -v- Perczynski and Others [2012] JRC 084A (24 April 2012)

The Royal Court of Jersey dismissed a trustee’s appeal against general discovery, granted four months to comply, and made related costs orders.

  • Discovery
  • Trustee neutrality
  • Costs orders
  • Community property
  • Proprietary claims
  • Trustee-neutrality
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Trust law [2011] JRC 205

Templeton and Knox -v- Minerva

Templeton and Knox -v- Minerva [2011] JRC 205 (24 October 2011)

The Jersey Royal Court granted Norwich Pharmacal relief requiring disclosure of Avalon Trust records to investigate alleged theft and tracing of funds.

  • Norwich pharmacal relief
  • Disclosure of trust documents
  • Proprietary claims
  • Wrongdoing and innocent involvement
  • Norwich-pharmacal-relief
  • Disclosure-of-trust-documents
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Trust law [2010] JRC 054

Representation of Caversham Trustees Limited

Representation of Caversham Trustees Limited [2010] JRC 054 (11 March 2010)

The Royal Court discharged a trustee’s undertaking over retained trust funds after no party pursued a proprietary claim and no public-interest reason remained.

  • Discharge of undertaking
  • Proprietary claims
  • Fraudulent preference
  • Trustee costs
  • Trust-law
  • Undertakings
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Civil procedure [2009] JRC 023

Leeds Utd -v- Admatch

Leeds Utd -v- Admatch [2009] JRC 023 (13 February 2009)

The court accepted there was an arguable proprietary claim to disputed monies, but refused Norwich Pharmacal disclosure of bank statements because the request was too late and risked derailing trial preparation.

  • Norwich pharmacal relief
  • Proprietary claims
  • Set-off
  • Interlocutory disclosure
  • Breach of trust
  • Norwich-pharmacal-relief
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Trusts [2006] JRC 004A

United Capital Corp Ltd -v- Bender & Ors 16-Jan-2006

United Capital Corp Ltd -v- Bender & Ors 16-Jan-2006 [2006] JRC 004A (16 January 2006)

The court upheld service on Mr Bender, refused to set aside service out, and held Jersey was the proper forum for a trust and tracing dispute.

  • Service out of jurisdiction
  • Constructive trusts
  • Dishonest assistance
  • Knowing receipt
  • Forum non conveniens
  • Proprietary claims
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Trust law [2002] JRC 226A

G Trust v PM Party Convened

G Trust v PM Party Convened [2002] JRC 226A (02 December 2002)

The Royal Court approved a trustee’s compromise of litigation over trust assets and ordered taxation of the related costs and fees.

  • Trustee powers
  • Compromise of litigation
  • Proprietary claims
  • Court approval of trustee decisions
  • Trust-law
  • Trustee-powers
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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.