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Jersey Case Law

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Property law [2019] JCA 101

Representation of O Passmore and J Melia re degrevement of C Powell

Representation of O Passmore and J Melia re degrevement of C Powell [2019] JCA 101 (07 June 2019)

The Court of Appeal held that a judicial hypothec can secure properly chargeable contractual costs if the agreement makes them accessory to the debt.

  • Judicial hypothec
  • DĂ©grèvement
  • Secured creditors' rights
  • Costs in security enforcement
  • Interpretation of loi (1880) sur la propriĂ©tĂ© foncière
  • Judicial-hypothec
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Insolvency [2016] JRC 068

Booth -v- The Viscount and Investec Bank

Booth -v- The Viscount and Investec Bank [2016] JRC 068 (22 March 2016)

The Jersey Royal Court dismissed a spouse’s Article 12 application for payment from sale proceeds and for a usufruct over the matrimonial home.

  • Matrimonial home in bankruptcy
  • Secured creditors' rights
  • Article 12 bankruptcy (dĂ©sastre) (jersey) law 1990
  • Usufruct applications
  • Distribution of sale proceeds
  • Preferential payments
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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.