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Jersey Case Law

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Civil procedure [2024] JRC 243

Halabi v Farrow and Ors

Halabi v Farrow and Ors [2024] JRC 243 (11 November 2024)

The Jersey Royal Court held that it retained discretion to grant relief from sanction after breach of an unless order and excused the Plaintiff’s late payment.

  • Unless orders
  • Relief from sanction
  • Costs orders
  • Strike out
  • Overriding objective
  • Relief-from-sanction
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Civil procedure

Princess Camilla de Bourbon des Deux Siciles v Ian Strang, Ashley Hoy, Nigel Pearmain, Jeffrey Giovannoni, Kate Anderson and Clare Nicolle (practising as Voisin Advocates and Notaries Public)

The Royal Court granted a stay of the Master’s order pending appeal, despite procedural defects, because the remaining effect on the respondents was limited.

  • Stay pending appeal
  • Case management
  • Relief from sanction
  • Costs
  • Enforcement pending appeal
  • Stay-pending-appeal
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Civil procedure [2021] JRC 007

Huda v Minister for Health and Social Services 13-Jan-2021

Huda v Minister for Health and Social Services 13-Jan-2021 [2021] JRC 007 (13 January 2021)

The Royal Court declined to strike out the defendant’s answer for discovery failures, but found serious breaches of preservation and ordered further searches, a proper document list, and indemnity costs.

  • Discovery
  • Document preservation
  • Misfeasance in public office
  • Relief from sanction
  • Abuse of process
  • Document-preservation
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Civil procedure [2018] JRC 234

Fry v Rowlandson

Fry v Rowlandson [2018] JRC 234 (19 December 2018)

The Master held he had no jurisdiction to reinstate proceedings deemed withdrawn under Rule 6/25(1), leaving any reinstatement application to the Royal Court.

  • Inherent jurisdiction
  • Reinstatement of proceedings
  • Deemed withdrawal
  • Relief from sanction
  • Delay and prejudice
  • Fair trial rights
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Civil procedure [2018] JRC 169

Powell v Chambers

Powell v Chambers [2018] JRC 169 (11 September 2018)

The Royal Court of Jersey partly granted relief from sanction after an automatic strike out for discovery failures, but kept economic and consequential loss claims struck out.

  • Relief from sanction
  • Discovery obligations
  • Strike out orders
  • Litigant in person
  • Testamentary capacity
  • Breach of promise
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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.