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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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Trusts [2022] JRC 214

Representation of B and C

Representation of B and C [2022] JRC 214 (11 August 2022)

The Jersey Royal Court set aside a Deed of Gift and related trust declaration after finding the parties were mistaken about giving E a present beneficial interest.

  • Mistake in voluntary disposition
  • Setting aside deeds
  • Rectification
  • Estate planning
  • Bare trusts
  • Mistake-in-voluntary-disposition
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Civil procedure [2016] JCA 203

Home Farm Developments Ltd and Ors -v- Le Sueur

Home Farm Developments Ltd and Ors -v- Le Sueur [2016] JCA 203 (08 November 2016)

The Court of Appeal refused permission to appeal to the Privy Council, holding the challenge was late, discretionary, and raised no arguable error of law.

  • Appeal procedure
  • Case management
  • Amendment of pleadings
  • Access to court
  • Legal aid
  • Rectification
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Contract law [2016] JRC 167

Holmes -v- Lingard and Others

Holmes -v- Lingard and Others [2016] JRC 167 (23 September 2016)

The Court of Appeal allowed an appeal against strike out, holding that the alleged settlement agreement was disputed and could not be finally resolved without trial.

  • Strike out applications
  • Compromise agreements
  • Settlement enforcement
  • Appeals procedure
  • Rectification
  • Erreur (mistake) in contract
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Contract law [2015] JCA 242

Home Farm Developments Limited and Others -v- Le Sueur

Home Farm Developments Limited and Others -v- Le Sueur [2015] JCA 242 (25 November 2015)

The Court of Appeal held that the Settlement Agreement barred the appellants’ claims, but allowed a limited amendment route based on possible rectification.

  • Strike-out applications
  • Settlement agreements
  • Summary judgment
  • Rectification
  • Consent in contract
  • Abuse of process
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Trusts [2013] JRC 039

Representation of H1 Trust Company Ltd

Representation of H1 Trust Company Ltd [2013] JRC 039 (19 February 2013)

The court held that a 2005 trust deed contained an obvious clerical error and, construed correctly, validly appointed H&P Trust Company Limited as trustee.

  • Appointment of trustees
  • Rectification
  • Construction of deeds
  • Clerical error
  • Discretionary remedy
  • Appointment-of-trustees
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Trusts [2012] JRC 229

In the matter of the B Life Interest Settlement

In the matter of the B Life Interest Settlement [2012] JRC 229 (12 December 2012)

Jersey trust case refusing to set aside 2008 restructuring deeds for mistake or under Hastings Bass, though the court set aside earlier April deeds.

  • Mistake in trust law
  • Hastings bass rule
  • Rectification
  • Inheritance tax
  • Trustee powers
  • Equitable relief
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Trusts [2011] JRC 155A

In the matter of Y Trust

In the matter of Y Trust [2011] JRC 155A (04 August 2011)

On a trust costs application, the court held that trustee N acted unreasonably in failing to consult A, depriving N of half its costs and charging the balance to A's share.

  • Trustee indemnity
  • Beneficiary costs risk
  • Administrative applications
  • Rectification
  • Costs apportionment
  • Trusts
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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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Trusts [2011] JLR 672

In re BB v

In re BB v [2011] JLR 672 (28 July 2011)

A Jersey trust dispute over a defective transfer of trusteeship. The court found rectification inappropriate, appointed new trustees, ratified prior acts, and relieved the retiring trustee from liability.

  • Replacement of trustees
  • Transfer of trusteeship
  • Rectification of defective appointment
  • Court's inherent jurisdiction
  • Trusts
  • Replacement-of-trustees
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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.