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Jersey Case Law

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Criminal law [2024] JCA 224

Le Sauteur and Sutherland v HM Attorney General

Le Sauteur and Sutherland v HM Attorney General [2024] JCA 224 (23 October 2024)

The Court of Appeal refused leave to appeal convictions for failing to take reasonable care for a patient’s health and safety, finding the verdict was supported by evidence.

  • Duty of care
  • Standard of care
  • Appeals on fact
  • Health and safety at work
  • Paramedic liability
  • Criminal-appeal
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Tort [2024] JRC 058

Chivers v Da Silva Araujo

Chivers v Da Silva Araujo [2024] JRC 058 (13 March 2024)

The Royal Court found the defendant negligent after he failed to keep a proper lookout and struck a cyclist crossing at a signal-controlled crossing.

  • Negligence
  • Contributory negligence
  • Duty of care
  • Standard of care
  • Pedestrian and cyclist accidents
  • Road-traffic-accident
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Tort [2012] JRC 127A

Morley -v- Reed

Morley -v- Reed [2012] JRC 127A (28 June 2012)

Personal injury claim from a road collision. The court found the defendant primarily responsible for turning across the motorcycle’s path, but reduced damages for the plaintiff’s contributory negligence.

  • Negligence
  • Contributory negligence
  • Duty of care
  • Standard of care
  • Apportionment of liability
  • Contributory-negligence
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Insurance law [2012] 1 JLR 245

Cafe de Lecq v R.A. Rossborough

Cafe de Lecq v R.A. Rossborough [2012] 1 JLR 245 (14 March 2012)

An insurance broker breached its duty by failing to explain a restrictive warranty and its consequences, even though the client was an experienced businessman.

  • Duty of care of insurance brokers
  • Standard of care
  • Client's experience and broker's duty
  • Insurance warranties
  • Insurance-law
  • Professional-negligence
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Contract law [2009] JRC 160

S and J Properties Ltd -v- La Chasse Properties

S and J Properties Ltd -v- La Chasse Properties [2009] JRC 160 (17 August 2009)

The Jersey Royal Court held that the plaintiff acted as a consultant, not a foreman, and dismissed the defendant’s counterclaim over alleged construction defects.

  • Consultancy agreements
  • Building contracts
  • Counterclaims
  • Standard of care
  • Burden of proof
  • Consultancy-agreements
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Medical law [2004] JLR 422

Nicholson v Health & Social Servs.

Nicholson v Health & Social Servs. [2004] JLR 422 (22 November 2004)

Medical negligence claim over delay in emergency caesarean failed. The court held a 55-minute decision-to-delivery interval was not negligent in 1977.

  • Medical negligence
  • Standard of care
  • Caesarean section timing
  • Medical-negligence
  • Standard-of-care
  • Caesarean-section-timing
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Medical negligence [2004] JCA 203

Nicholson v Health and Social Services Committee

Nicholson v Health and Social Services Committee [2004] JCA 203 (22 November 2004)

The Court of Appeal dismissed a medical negligence appeal arising from a 1977 cord prolapse delivery, holding the 50–55 minute response was not negligent on the evidence.

  • Standard of care
  • Hospital liability
  • Causation
  • Obstetric emergencies
  • Decision-to-delivery interval
  • Medical-negligence
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Medical negligence [2004] JRC 096

Nicholson v Health and Social Services Committee

Nicholson v Health and Social Services Committee [2004] JRC 096 (04 June 2004)

A medical negligence claim over delayed response to a cord prolapse at Jersey’s Maternity Hospital failed on liability, the court finding the 55-minute interval was not negligent in 1977.

  • Standard of care
  • Causation
  • Obstetric liability
  • Emergency caesarean section
  • Delay in medical treatment
  • Medical-negligence
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Tort [1999] UR 128

1999/128 - Abacus CI Ltd v Matheson Securities

1999/128 - Abacus CI Ltd v Matheson Securities [1999] UR 128 (14 July 1999)

Jersey stockbroker negligence claim dismissed. The court held Mathesons had an adequate monitoring system and that no causal link was proved between any breach and the Confederation Life loss.

  • Stockbroker's duty of care
  • Negligence
  • Investment advice
  • Causation
  • Standard of care
  • Professional-negligence
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Criminal law [1981] JLR 21

Att. Gen. v McBoyle

Att. Gen. v McBoyle [1981] JLR 21 (02 April 1981)

The court held that driving without reasonable consideration is judged by a mixed objective and subjective test, focused on the ordinary prudent motorist and the accused’s state of mind.

  • Driving without reasonable consideration
  • Standard of care
  • Mens rea
  • Criminal-law
  • Road-traffic-law
  • Driving-without-reasonable-consideration
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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.