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Jersey Case Law

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Contract law [2018] JRC 071B

Holmes -v- Lingard and Others

Holmes -v- Lingard and Others [2018] JRC 071B (17 April 2018)

The court dismissed most of Shane Michael Holmes’s appeal, holding there was no sufficiently certain binding agreement with Harry James Lingard in June 2011.

  • Striking out
  • Summary judgment
  • Amendment of pleadings
  • Unjust enrichment
  • Reflective loss
  • Formation of contract
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Contract [2017] JRC 113

Holmes -v- Lingard

Holmes -v- Lingard [2017] JRC 113 (21 July 2017)

The Royal Court held there was no triable case that a binding June 2011 agreement had been made, struck out the related claims, and allowed only an unjust enrichment claim to proceed.

  • Strike out
  • Summary judgment
  • Amendment of pleadings
  • Unjust enrichment
  • Misrepresentation
  • Reflective loss
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Civil procedure [2017] JRC 098B

Booth -v- Zenith

Booth -v- Zenith [2017] JRC 098B (28 June 2017)

The court ordered disclosure of withheld documents, struck out parts of a witness statement that added unpleaded claims or argument, and awarded costs to the defendant.

  • Discovery
  • Privilege
  • Witness evidence
  • Reflective loss
  • Accounting
  • Striking out pleadings
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Trust law [2015] JRC 142

Booth- -v- Zenith Trust Co Ltd

Booth- -v- Zenith Trust Co Ltd [2015] JRC 142 (29 June 2015)

The court held that Booth’s claim for an account of surplus income was barred as reflective loss, but his personal claim to 20% of gross revenues was not.

  • Reflective loss
  • Account of profits
  • Intellectual property rights
  • Shareholder claims
  • Reflective-loss
  • Account-of-profits
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Trust law [2009] JRC 003

Freeman -v- Ansbacher

Freeman -v- Ansbacher [2009] JRC 003 (09 January 2009)

The Royal Court held that Rosanna Freeman could pursue breach of trust claims and amend to plead gross negligence, but the other two plaintiffs were time-barred.

  • Locus standi
  • Limitation period
  • Breach of trust
  • Reflective loss
  • Exculpation clause
  • Gross negligence
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Civil procedure [2008] JRC 078

SGI v Wijsmuller

SGI v Wijsmuller [2008] JRC 078 (20 May 2008)

The Jersey Royal Court granted leave to discontinue and set staged costs orders, including indemnity costs from 1 September 2007, but refused personal costs against liquidators and refused restrictive conditions.

  • Discontinuance of proceedings
  • Costs orders
  • Assignment of claims
  • Reflective loss
  • Liquidator liability
  • Legal aid
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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.