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Jersey Case Law

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Trusts [2022] JRC 179

Representation of Appledore Trustees Limited Re Blackberry Family Settlement

Representation of Appledore Trustees Limited Re Blackberry Family Settlement [2022] JRC 179 (30 August 2022)

The Jersey Royal Court held that a deed retiring the trustees and appointing Appledore was invalid because the power of appointment lay jointly with B and C.

  • Appointment of trustees
  • Rectification
  • Ratification
  • Fiduciary powers
  • Trustee de son tort
  • Appointment-of-trustees
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Company law [2016] JRC 188

Representation of Galasys Plc

Representation of Galasys Plc [2016] JRC 188 (17 October 2016)

The Jersey Royal Court upheld ordinary resolutions passed at an EGM to discontinue litigation and restrict director authority, finding board deadlock and conflicts justified shareholder action.

  • Board deadlock
  • Shareholder powers
  • Ratification of board decisions
  • Egm resolutions
  • Director conflicts of interest
  • Company-law
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Trusts and estates [2016] JRC 048

in the matter of the Z Trust

in the matter of the Z Trust [2016] JRC 048 (22 February 2016)

The Jersey Royal Court set aside a settlor’s appointment of new trustees, finding fiduciary breach and serious mistake, and made consequential orders to preserve trust administration.

  • Setting aside trustee appointments
  • Fiduciary duties
  • Mistake in exercise of powers
  • Tax consequences of trust residence
  • Ratification of acts by trustees de son tort
  • Trustees
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Trusts [2011] JRC 148

Rep of BB

Rep of BB [2011] JRC 148 (28 July 2011)

The Jersey Royal Court held invalid trustee appointments could not be rectified, but appointed the trustees anew, ratified past acts, and relieved the former trustee.

  • Invalid trustee appointment
  • Rectification
  • Ratification
  • Relief from breach of trust
  • Trustee de son tort
  • Remuneration
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Family law

In re II v

In re II v [2010] JLR_Note 50 (18 November 2010)

Family law note on financial provision and the ratification of post-nuptial settlements in Jersey.

  • Financial provision
  • Post-nuptial settlements
  • Ratification
  • Family-law
  • Financial-provision
  • Post-nuptial-settlements
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Banking law [2006] JRC 111

Izodia -v- RBS International 1-Aug-2006

Izodia -v- RBS International 1-Aug-2006 [2006] JRC 111 (01 August 2006)

The court held RBSI liable after £24.5 million was transferred from Izodia’s account to LT through an unauthorised electronic banking arrangement.

  • Mandate compliance
  • Authority of signatories
  • Ratification
  • Estoppel
  • Negligence
  • Breach of contract
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Trusts [2005] JRC 142

Dunham & La Ville Trustee v Toland Trust and O

Dunham & La Ville Trustee v Toland Trust and O [2005] JRC 142 (13 October 2005)

The Jersey Royal Court held that two trust appointments were ultra vires because the receiving trusts had longer trust periods, but ratified resulting distributions.

  • Ultra vires appointments
  • Ratification of distributions
  • Trust period limitations
  • Exclusion of beneficiaries
  • Trusts
  • Ultra-vires
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Family law

J v K

J v K [2001] JLR_Note 53 (24 October 2001)

Family law note on ratification of a maintenance agreement. The Jersey court ratified the agreement between J and K in financial provision proceedings.

  • Financial provision
  • Maintenance agreement
  • Ratification by court
  • Family-law
  • Financial-provision
  • Maintenance-agreement
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Civil procedure [1993] JLR 156

Abdel Rahman v Chase Bank

Abdel Rahman v Chase Bank [1993] JLR 156 (28 July 1993)

The court held that a personal representative may recover costs for legal advice obtained before appointment if later adopted and ratified.

  • Costs
  • Retrospective costs
  • Personal representative
  • Ratification of legal work
  • Civil-procedure
  • Retrospective-costs
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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.