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Jersey Case Law

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Commercial law [2020] JRC 147A

Albion Energy Limited v Energy Investments Global Limited and Heritage Oil Limited

Albion Energy Limited v Energy Investments Global Limited and Heritage Oil Limited [2020] JRC 147A (30 July 2020)

The Royal Court of Jersey held that Albion’s share security was sufficiently identified, merger did not extinguish its security rights, and ordered transfer and registration of the final tranche shares.

  • Security interests
  • Perfection of security
  • Doctrine of merger
  • Enforcement of security
  • Share transfer
  • Collateral identification
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Insolvency [2019] JCA 122

Booth v Viscount

Booth v Viscount [2019] JCA 122 (02 July 2019)

The Court of Appeal dismissed Mr Booth’s appeal, holding that a mistaken valuation of secured property did not make the loan or security void for erreur.

  • Bankruptcy (dĂ©sastre) (jersey) law 1990
  • Erreurs (mistake) in contract
  • Burden of proof in dĂ©sastre proceedings
  • Security interests
  • Valuation disputes
  • Subjective vs objective consent in contract law
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Commercial law [2019] JRC 086

In the matter of the Q Settlement

In the matter of the Q Settlement [2019] JRC 086 (13 May 2019)

The Royal Court of Jersey ordered CRYS Finance SA to transfer shares in R to Herald Trustees Limited to enforce a security interest after default.

  • Security interests
  • Enforcement of security
  • Jurisdiction
  • Service of process
  • Costs
  • Security-interests
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Trusts [2019] JRC 045

In the matter of the Q Settlement -

In the matter of the Q Settlement - [2019] JRC 045 (26 March 2019)

The Jersey Royal Court determined the L beneficiaries were liable for ÂŁ574,465.83, left future-sum claims over, joined CRYS Finance SA, and refused joinder of JTC and Herald Trust Company Limited.

  • Trustee liabilities
  • Beneficiary obligations
  • Joinder of parties
  • Security interests
  • Jurisdiction
  • Enforcement of trust liabilities
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Property law [2013] JRC 231

Representation of Christopher Ernest Inns

Representation of Christopher Ernest Inns [2013] JRC 231 (22 November 2013)

The court allowed Hayfield Limited to sell its property to repay a loan, held a purported director appointment invalid, and declared the loan discharged on payment.

  • Sale of property
  • Security interests
  • Powers of attorney
  • Director appointment and removal
  • Loan repayment
  • Power-of-attorney
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Commercial law [2003] JRC 039

EMTV v Bayerische Landesbank

EMTV v Bayerische Landesbank [2003] JRC 039 (20 February 2003)

The court held that events of default under a Jersey security agreement may be specified by incorporation by reference, so long as they are clearly identifiable and unambiguous.

  • Security interests
  • Statutory interpretation
  • Incorporation by reference
  • Security-interests
  • Statutory-interpretation
  • Incorporation-by-reference
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Banking law [2003] JLR 80

EM TV v Bayerische Landesbank

EM TV v Bayerische Landesbank [2003] JLR 80 (20 February 2003)

The court held that events of default under a Jersey security interest may be specified by incorporation by reference if clearly identified in the incorporated document.

  • Security interests
  • Events of default
  • Incorporation by reference
  • Security-interests
  • Events-of-default
  • Incorporation-by-reference
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Company law [2002] JRC 243

EM TV v Bayerische Landesbank

EM TV v Bayerische Landesbank [2002] JRC 243 (20 December 2002)

The Jersey Royal Court discharged injunctions restraining registration of FEB’s shares in Speed, accepting undertakings from the banks and defendant as adequate protection.

  • Security interests
  • Shareholder rights
  • Board appointments
  • Injunctive relief
  • Undertakings
  • Injunctive-relief
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Professional negligence [2000] JCA 135

Bass v Pickersgill and Le Cornu

Bass v Pickersgill and Le Cornu [2000] JCA 135 (14 July 2000)

The Jersey Court of Appeal allowed a solicitor-negligence appeal, holding that the plaintiff had not proved recoverable loss from an undisclosed second charge.

  • Solicitor's duty of care
  • Security interests
  • Damages for negligence
  • Remoteness of damage
  • Breach of contract
  • Professional-negligence
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Property law

In re Nield v

In re Nield v [1990] JLR_Note 18a (25 April 1983)

The case concerns whether a valid security charge can be created over choses in action under Jersey law, and it recognises that such a charge is valid.

  • Security interests
  • Charge of choses in action
  • Security-interests
  • Choses-in-action
  • Property-law
  • Commercial-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.