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Jersey decisions
Decisions matching the current search
In the matter of the Estate of Constantin Mattas [2022] JRC 237 (03 November 2022)
The Jersey Royal Court held that proceedings concerning entitlement to a trust fund were an action in rem, so mandatory state service rules did not apply and substituted service was ordered.
In the matter of Saisies Judiciaires in respect of the realisable property of Robert Tantular [2020] JCA 013 (27 January 2020)
Court of Appeal costs judgment on saisies judiciaires over Robert Tantular’s property, addressing trust indemnity, retrospective legislation, state immunity, and costs liability.
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.
Botas -v- Tepe [2016] JCA 135 (08 August 2016)
The Jersey Court of Appeal held that Turkey had no sovereign immunity over BotaĹź-held shares in Jersey companies, but refused an arrĂŞt over debts owed to BotaĹź.
Tepe Insaat Sanayii A.S. v. Boru Hatlari Ile Petrol Tasima A.S. [2016] 2 JLR 101 (08 August 2016)
The court considered whether an international arbitration award could be enforced against state property, holding that State Immunity Act 1978 s.13(2) barred enforcement.
Gecamines v FG Hemisphere [2012] 2 JLR 172 (17 July 2012)
The court held that a state-owned mining company with separate legal personality and commercial assets was distinct from the state and not liable for government debts.
FG Hemisphere v D.R. Congo [2011] JLR 486 (14 July 2011)
The case addresses when a state-owned company counts as an organ of the state for liability purposes, focusing on government control and broadly governmental functions.
FG Hemisphere Associates [2010] JRC 195 (27 October 2010)
The Royal Court of Jersey held that GĂ©camines was, at the relevant date, an organ of the DRC. That allowed Hemisphere to enforce ICC awards and proceed against assets in Jersey.
FG Hemisphere Associates [2010] JRC 033 (17 February 2010)
The Court of Appeal refused to re-impose interim injunctions pending appeal, holding that doing so would unfairly disrupt a share purchase and create no attachable debt in Jersey.
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