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Jersey Case Law

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Company law [2022] JRC 215

Representation of HWA 555 Owners, LLC re Redox PLC S.A. and Anor

Representation of HWA 555 Owners, LLC re Redox PLC S.A. and Anor [2022] JRC 215 (13 October 2022)

The Jersey Royal Court awarded the Luxembourg Trustee 80% of its costs after a winding-up application, reflecting HWA’s partial success on standing.

  • Winding up
  • Costs
  • Standing
  • Winding-up
  • Company-law
  • Insolvency
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Civil procedure

Booth v Viscount and Anor

The Royal Court ordered Mr Booth to pay half the defendants’ costs of a preliminary issue, but barred enforcement without the court’s leave.

  • Costs
  • Assignment of cause of action
  • Standing
  • Enforcement of costs order
  • Impecuniosity
  • Enforcement-of-costs-order
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Trust law [2020] JRC 255

Representation of V Trustees Limited (formerly G Trustees re K and N Trusts) 9-Dec-2020

Representation of V Trustees Limited (formerly G Trustees re K and N Trusts) 9-Dec-2020 [2020] JRC 255 (09 December 2020)

The Jersey Royal Court approved the appointment of R&H Trust Co (Jersey) Limited as trustee of the K Trust and directed the existing trustee to proceed.

  • Appointment of trustee
  • Conflict of interest
  • Due diligence
  • Proper law of trust
  • Trust-law
  • Trustee-appointment
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Administrative law [2020] JCA 114

Scott v Minister for Treasury and Resources and the AG

Scott v Minister for Treasury and Resources and the AG [2020] JCA 114 (16 June 2020)

Single-judge Court of Appeal refused leave to appeal against refusal of judicial review of Jersey’s co-funded payroll scheme, finding no arguable illegality, irrationality, or procedural impropriety.

  • Judicial review
  • Standing
  • Political decisions
  • Discrimination
  • Procedural impropriety
  • Judicial-review
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Administrative law [2020] JRC 095

Scott v The Minister for Treasury and Resources and the AG -

Scott v The Minister for Treasury and Resources and the AG - [2020] JRC 095 (28 May 2020)

Leave to seek judicial review was refused. The Royal Court held that the challenge to Jersey’s COVID-19 payroll support scheme was a political objection, not an arguable public law claim.

  • Judicial review
  • Standing (sufficient interest)
  • Illegality
  • Irrationality
  • Procedural impropriety
  • Covid-19 emergency measures
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Civil procedure [2018] JRC 053

Holmes -v- Law Society

Holmes -v- Law Society [2018] JRC 053 (08 March 2018)

The Royal Court refused to order costs against a litigant in person after leave to seek judicial review was refused, finding no exceptional circumstances.

  • Judicial review
  • Costs
  • Leave to appeal
  • Standing
  • Delay
  • Judicial-review
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Administrative law [2018] JRC 010

Holmes v Jersey Law Society and Others

Holmes v Jersey Law Society and Others [2018] JRC 010 (16 January 2018)

The Royal Court refused Shane Holmes leave to seek judicial review of legal aid decisions and systemic legal aid complaints, mainly because the claims were out of time.

  • Judicial review
  • Delay
  • Standing
  • Legal aid guidelines
  • European convention on human rights
  • Systemic unfairness
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Criminal law [2017] 1 JLR 46

Nigeria (Fed. Rep.) v. Doraville Properties Corp.

Nigeria (Fed. Rep.) v. Doraville Properties Corp. [2017] 1 JLR 46 (23 January 2017)

The court held that the United States had no standing to intervene in Jersey asset-recovery proceedings based on an unrecognized US default judgment in rem.

  • Proceeds of crime
  • Recognition of foreign judgments
  • Civil asset recovery
  • Standing of foreign states
  • Asset-recovery
  • Foreign-judgment-recognition
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Administrative law [2011] JCA 146

Syvret v AG and Connetable of Grouville

Syvret v AG and Connetable of Grouville [2011] JCA 146 (28 July 2011)

The Court of Appeal refused leave to appeal against refusal of judicial review and refused adjournment applications, holding the challenge was out of time and should be raised in criminal proceedings.

  • Judicial review
  • Abuse of process
  • Disclosure
  • Delay
  • Standing
  • Adjournment
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Administrative law [2005] JCA 156

Cooper -v- A.G.

Cooper -v- A.G. [2005] JCA 156 (09 September 2005)

The Court of Appeal dismissed Barrie R. Cooper’s appeal, holding that he lacked locus standi to present the representation or seek judicial review relief.

  • Locus standi
  • Judicial review
  • Ultra vires acts
  • Injunctions
  • Public law
  • Locus-standi
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