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Jersey Case Law

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Trusts and estates [2024] JRC 068

Representation of Equiom Trust (CI) Limited re Estate of the late Constantin Mattas

Representation of Equiom Trust (CI) Limited re Estate of the late Constantin Mattas [2024] JRC 068 (01 March 2024)

The Royal Court held that clause 11(vi)-(vii) created a trust, but it was invalid as a non-charitable trust for uncertainty of beneficiaries and indefinite duration.

  • Certainty of beneficiaries
  • Rule against perpetuities
  • Charitable trusts
  • Construction of wills
  • Sovereign immunity
  • Executory trusts
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International law [2016] JCA 199D

Botas -v- Tepe

Botas -v- Tepe [2016] JCA 199D (04 November 2016)

The Court of Appeal of Jersey refused leave to appeal to the Privy Council in a state-immunity enforcement dispute, while granting a stay of execution with conditions.

  • Enforcement of arbitration awards
  • Sovereign immunity
  • Jurisdiction
  • Appeals to privy council
  • Asset seizure
  • State-immunity
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Arbitration [2016] JRC 012A

Tepe -v- Botas

Tepe -v- Botas [2016] JRC 012A (19 January 2016)

The Jersey Royal Court held that Tepe’s ICC awards against Botas were enforceable in Jersey and rejected sovereign immunity and natural justice objections.

  • Enforcement of foreign arbitral awards
  • Sovereign immunity
  • Jurisdiction
  • Public policy in arbitration
  • Commercial use exception
  • Debts and securities enforcement
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Administrative law [2016] 1 JLR 218

Tepe Insaat Sanayii A.S. v. Boru Hatlari Ile Petrol Tasima A.S.

Tepe Insaat Sanayii A.S. v. Boru Hatlari Ile Petrol Tasima A.S. [2016] 1 JLR 218 (19 January 2016)

The court considered whether sovereign immunity applied to shares held by a state-owned entity in Jersey companies, and held it did not on the facts.

  • Sovereign immunity
  • State-owned entities
  • Control of shares
  • Foreign state liability
  • Sovereign-immunity
  • State-owned-entities
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Public international law [2011] JCA 141

FG Hemisphere Associates

FG Hemisphere Associates [2011] JCA 141 (14 July 2011)

The Jersey Court of Appeal held that Gécamines was an organ of state of the DRC, so its assets could be used to satisfy the awards.

  • Sovereign immunity
  • Organ of state doctrine
  • Enforcement of foreign arbitral awards
  • Piercing the corporate veil
  • State-owned enterprises
  • Sovereign-immunity
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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.