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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
  • Civil-procedure
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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

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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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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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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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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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
  • 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.