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Jersey Case Law

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Administrative-law [2024] JRC 007

X v AG

X v AG [2024] JRC 007 (10 January 2024)

The Royal Court refused leave to appeal against an earlier refusal of judicial review. The judge held the delay ruling was within the range of reasonable discretion.

  • Judicial-review
  • Prosecutorial-discretion
  • Delay-as-discretionary-bar
  • Recusal-and-impartiality
  • Leave-to-appeal
  • Delay
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Civil-procedure [2021] JRC 253

BNP Paribas Jersey Trust Corporation Ltd v C. de Bourbon des deux Siciles

BNP Paribas Jersey Trust Corporation Ltd v C. de Bourbon des deux Siciles [2021] JRC 253 (18 October 2021)

The Royal Court refused a recusal application and declined to order a bank guarantee linked to payment of a contempt fine, dismissing all three summonses.

  • Recusal-of-judge
  • Article-6-echr-right-to-fair-trial
  • Bank-guarantee
  • Enforcement-of-fines
  • Apparent-bias
  • Inherent-jurisdiction
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Criminal-law

Robert Frederick Bonney v The Attorney General

The Royal Court refused indemnity costs but awarded Bonney compensatory costs out of public funds, and ordered a payment on account pending assessment.

  • Appeal-by-case-stated
  • Recusal
  • Indemnity-basis-costs
  • Public-funds-compensation
  • Payment-on-account
  • Criminal-costs
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Insolvency [2018] JCA 113

Representation of Powell

Representation of Powell [2018] JCA 113 (29 June 2018)

Single-judge Court of Appeal decision refusing leave to appeal and a stay in a Remise de Biens matter involving Mrs Powell.

  • Remise-de-biens
  • Leave-to-appeal
  • Recusal
  • Creditor-rights
  • Discretionary-decisions
  • Human-rights
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Constitutional-law [2016] JRC 204

Gosselin -v- Minister for Social Security

Gosselin -v- Minister for Social Security [2016] JRC 204 (08 November 2016)

The Royal Court of Jersey rejected a recusal application, holding that the Bailiff’s former roles and institutional position did not create objective bias.

  • Judicial-impartiality
  • Separation-of-powers
  • Recusal
  • European-convention-on-human-rights
  • Article-6-fair-trial
  • Legislative-judicial-dual-role
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Civil-procedure [2016] JCA 063

Acorn Finance Limited -v- Powell

Acorn Finance Limited -v- Powell [2016] JCA 063 (16 March 2016)

The Court of Appeal refused leave to appeal and dismissed Caroline Powell’s challenge to summary judgment for Acorn Finance Limited, finding no arguable defence or unfairness.

  • Summary-judgment
  • Pending-list-procedure
  • Leave-to-appeal
  • Abuse-of-process
  • Article-6-echr
  • Third-party-proceedings
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Family-law [2015] JRC 032

In the matter of II

In the matter of II [2015] JRC 032 (12 February 2015)

The Royal Court dismissed a former wife's maintenance application as an abuse of process, refused recusal, and declined to treat her perjury allegations as grounds for police referral.

  • Spousal-maintenance
  • Abuse-of-process
  • Recusal
  • Capacity-to-litigate
  • Family-law
  • Judicial-recusal
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Civil-procedure [2015] JCA 020

Syvret -v- AG

Syvret -v- AG [2015] JCA 020 (30 January 2015)

The Court of Appeal refused Mr Syvret’s applications to recuse the panel, to appeal three Royal Court orders out of time, and to seek Privy Council leave.

  • Recusal
  • Extension-of-time
  • Structural-conflict
  • Appeal-procedure
  • Costs-orders
  • Judicial-bias
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Civil-procedure [2014] JCA 185

Syvret -v- Treasurer of the States

Syvret -v- Treasurer of the States [2014] JCA 185 (01 October 2014)

The Court of Appeal refused Stuart Syvret’s application for an extension of time to appeal Royal Court orders, finding significant unexplained delay and no cogent justification.

  • Extension-of-time
  • Appeal
  • Recusal
  • Court-orders
  • Costs
  • Civil-procedure
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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.