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Jersey Case Law

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Civil procedure [2024] JRC 279

Golden Sphinx Limited v Itkin

Golden Sphinx Limited v Itkin [2024] JRC 279 (13 December 2024)

The Royal Court of Jersey refused to strike out GSL’s claims, declined to order payment into court of an unsatisfied default judgment, and ordered an interim costs payment.

  • Res judicata
  • Abuse of process
  • Security for costs
  • Interim payment
  • Pleadings and further information
  • Default judgment
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Civil procedure [2023] JRC 243

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors [2023] JRC 243 (05 December 2023)

The Jersey Royal Court granted summary judgment recognising and enforcing a Dubai judgment, rejecting natural justice and public policy objections as having no realistic prospect.

  • Enforcement of foreign judgments
  • Res judicata
  • Issue estoppel
  • Abuse of process
  • Summary judgment
  • Public policy
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Trusts [2021] JRC 286

Crociani & Ors v Crociani & Ors

Crociani & Ors v Crociani & Ors [2021] JRC 286 (02 November 2021)

The Royal Court of Jersey refused a defendant’s request to adjourn an anti-suit injunction hearing, finding there was enough time to prepare and that delay would prejudice the plaintiff.

  • Anti-suit injunction
  • Adjournment
  • Res judicata
  • Jurisdiction
  • Collateral attack
  • Anti-suit-injunction
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Trust law

Brakspear v Nedgroup Trust (Jersey) Limited

The Court of Appeal refused leave to appeal against a strike-out order, holding the claims were prescribed or barred by issue estoppel and abuse of process.

  • Leave to appeal
  • Strike out
  • Prescription
  • Issue estoppel
  • Res judicata
  • Abuse of process
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Trusts and estates [2019] JCA 150

Brakspear v Nedbank Trust (Jersey) Limited

Brakspear v Nedbank Trust (Jersey) Limited [2019] JCA 150 (30 July 2019)

Leave to appeal was refused in a trust dispute over the Westley Trust, with the Court of Appeal upholding strike-out on prescription and issue estoppel grounds.

  • Breach of trust
  • Fiduciary duty
  • Conspiracy to injure
  • Prescription (limitation)
  • Res judicata
  • Issue estoppel
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Trust law [2018] JRC 121

Brakspear -v- Nedgroup Trust (Jersey) Limited

Brakspear -v- Nedgroup Trust (Jersey) Limited [2018] JRC 121 (05 July 2018)

The Royal Court struck out a trust claim, holding the plaintiffs’ allegations were prescribed, insufficiently particularised as fraud, and barred by res judicata.

  • Strike out application
  • Res judicata
  • Issue estoppel
  • Abuse of process
  • Prescription/limitation
  • Pleading fraud
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Trust law [2018] JRC 037

Brakspear v Nedbank

Brakspear v Nedbank [2018] JRC 037 (14 February 2018)

The court refused to adjourn a Bankers' Book Evidence application pending a strike-out hearing, holding it should be decided on its merits.

  • Adjournment
  • Bankers' book evidence
  • Strike out application
  • Disclosure
  • Res judicata
  • Bankers-book-evidence
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Private international law [2017] JRC 204

Dubai Islamic Bank PJSC v Ridley

Dubai Islamic Bank PJSC v Ridley [2017] JRC 204 (05 December 2017)

Appeal partly allowed: Sharia-law defences and related issues were not suitable for strike out and had to go to trial; issue estoppel on fraud remained.

  • Strike out applications
  • Governing law clauses
  • Sharia law in contracts
  • Tracing claims
  • Res judicata
  • Issue estoppel
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Civil procedure

Dubai Islamic Bank PJSC v Charles Ridley

Appeal from a strike-out decision partly allowed. Most Sharia-law, proper-law, construction, and trust issues were left for trial, but fraud issue estoppel was upheld.

  • Strike out
  • Summary judgment
  • Proper law
  • Sharia law
  • Res judicata
  • Issue estoppel
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Family law [2016] JRC 198B

E -v- F (Family)

E -v- F (Family) [2016] JRC 198B (01 November 2016)

The Royal Court of Jersey refused a mother’s application to hear a child maintenance claim, finding she had not exhausted English remedies and was seeking to relitigate across jurisdictions.

  • Child maintenance
  • Jurisdiction
  • Forum non conveniens
  • Res judicata
  • Child-maintenance
  • Family-law
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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.