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Jersey Case Law

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Civil procedure [2023] JRC 243

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors [2023] JRC 243 (05 December 2023)

The Jersey Royal Court granted summary judgment recognising and enforcing a Dubai judgment, rejecting natural justice and public policy objections as having no realistic prospect.

  • Enforcement of foreign judgments
  • Res judicata
  • Issue estoppel
  • Abuse of process
  • Summary judgment
  • Public policy
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Civil procedure

Bates v Weston

The Court of Appeal dismissed an appeal against refusal to set aside registration of an English costs judgment, rejecting fraud, public policy and stay arguments.

  • Reciprocal enforcement of judgments
  • Set-aside registration grounds
  • Public policy
  • Fraud
  • Vested rights in judgment
  • Stay of enforcement
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Asset forfeiture [2020] JRC 020

AG v Allied Trust Company Limited and B

AG v Allied Trust Company Limited and B [2020] JRC 020 (30 January 2020)

The court approved a compromise in civil forfeiture proceedings under Jersey’s 2018 asset forfeiture law, ordering a split of trust funds between confiscation and charities.

  • Tainted property
  • Compromise agreement
  • Distribution of trust assets
  • Public policy
  • Civil standard of proof
  • Asset-forfeiture
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Family law [2016] JCA 098

A -v- B (Family)

A -v- B (Family) [2016] JCA 098 (26 May 2016)

The Court of Appeal held that the definition of “parent” under Jersey law could include a person whose parental status was definitively recognised in Latvia.

  • Definition of parent
  • Recognition of foreign judgments
  • Financial provision for children
  • Public policy
  • Issue estoppel
  • Family-law
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Contract law [2014] JRC 208

Rokos -v- Brevan Howard (Jersey) LP

Rokos -v- Brevan Howard (Jersey) LP [2014] JRC 208 (29 October 2014)

The Royal Court ordered Brevan Howard's strike out application to be heard with the main trial, because the restraint-of-trade issue may depend on factual evidence.

  • Restraint of trade
  • Partnership restrictions
  • Enforceability of covenants
  • Public policy
  • Restraint-of-trade
  • Partnership-law
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Contract law [2013] 2 JLR 22

Barclays Wealth v Equity Trust

Barclays Wealth v Equity Trust [2013] 2 JLR 22 (16 May 2013)

The court held that the Code of 1771 prohibits assignment of matters in litigation, but not third-party funding agreements for a share of proceeds.

  • Illegal contracts
  • Public policy
  • Maintenance and champerty
  • Assignment of litigation
  • Contract-law
  • Illegal-contracts
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Contract law [2012] JRC 199

Doorstop Ltd -v- Gillman and Lepervier

Doorstop Ltd -v- Gillman and Lepervier [2012] JRC 199 (01 November 2012)

The Royal Court of Jersey held it could refuse to enforce immoderate contractual interest, reduced one loan’s interest claim, and disallowed compound and penalty interest.

  • Usury
  • Contractual interest
  • Compound interest
  • Guarantee and indemnity
  • Public policy
  • Penalty clauses
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Trusts [2011] JRC 227

In the matter of the Valetta Trust

In the matter of the Valetta Trust [2011] JRC 227 (25 November 2011)

The Jersey Royal Court held that a third-party funding agreement for trust litigation was not champertous and authorised the trustee to join it.

  • Champerty
  • Third party funding
  • Public policy
  • Access to justice
  • Third-party-funding
  • Public-policy
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Administrative law [2011] JRC 181

Clear Mobitel -v- JCRA

Clear Mobitel -v- JCRA [2011] JRC 181 (22 September 2011)

The Jersey Royal Court quashed JCRA’s revocation of a spectrum recommendation to Mobitel because the company was not given a fair chance to respond.

  • Judicial review
  • Legitimate expectation
  • Procedural fairness
  • Public policy
  • Spectrum allocation
  • Judicial-review
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Civil procedure [2005] JRC 049

KHD Humboldt Wedag Ag Koln and Ors v La Generale Des Carrieres et des Mines

KHD Humboldt Wedag Ag Koln and Ors v La Generale Des Carrieres et des Mines [2005] JRC 049 (20 April 2005)

The Jersey court refused a stay of enforcement proceedings on Belgian judgments against Gécamines, holding that debt restructuring talks did not justify further delay.

  • Stay of proceedings
  • Enforcement of foreign judgments
  • Public policy
  • Alternative dispute resolution
  • Stay-of-proceedings
  • Foreign-judgment-enforcement
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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.