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Jersey Case Law

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Employment law

Kevin Turner v Drain It Limited

Leave to appeal was refused because the proposed grounds did not disclose a question of law. The stay application was dismissed, and the surviving wrongful dismissal or notice pay claim will proceed.

  • Leave to appeal
  • Limitation periods
  • Retrospectivity
  • Accrued rights and defences
  • Stay of proceedings
  • Wrongful dismissal or notice pay
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Civil procedure [2022] JRC 034

Dresser-Rand BV v Al Rushaid Petroleum Investment Company and Ors

Dresser-Rand BV v Al Rushaid Petroleum Investment Company and Ors [2022] JRC 034 (02 February 2022)

The Royal Court of Jersey extended a stay of proceedings until 28 March 2022, noting Saudi enforcement action, seized assets, and the defendant’s stated intention to pay.

  • Stay of proceedings
  • Asset disclosure
  • Enforcement of arbitral awards
  • Jurisdiction
  • Interim relief
  • Stay-of-proceedings
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Civil procedure [2020] JCA 136

United Company Rusal Plc v MB & Services Ltd and Golovina

United Company Rusal Plc v MB & Services Ltd and Golovina [2020] JCA 136 (10 July 2020)

The Court of Appeal refused United Company Rusal Plc leave to appeal against a refusal to stay Jersey proceedings, holding the proposed appeal had no real prospect of success.

  • Forum non conveniens
  • Stay of proceedings
  • Jurisdiction
  • Risk of injustice in foreign forum
  • Forum-non-conveniens
  • Stay-of-proceedings
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Company law [2020] JRC 109

Pender v GGH (Jersey) and Ors

Pender v GGH (Jersey) and Ors [2020] JRC 109 (08 June 2020)

Interlocutory directions decision in an unfair prejudice claim. The court refused a stay, ordered proportionate discovery, and directed sequential expert valuation evidence.

  • Unfair prejudice
  • Shareholder disputes
  • Discovery
  • Stay of proceedings
  • Valuation of shares
  • Unfair-prejudice
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Civil procedure [2018] JRC 228

Bogensberger v Sinel and Sinel v Hennessy and Ors

Bogensberger v Sinel and Sinel v Hennessy and Ors [2018] JRC 228 (11 December 2018)

The Royal Court varied a consent stay, refused consolidation, and ordered the representation trial to follow the injunctive trial before the same court.

  • Consent orders
  • Stay of proceedings
  • Consolidation
  • Legal professional privilege
  • Foreign law evidence
  • Consent-orders
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Family law [2018] JRC 102B

E -v- F

E -v- F (Matrimonial) [2018] JRC 102B (13 June 2018)

The Royal Court of Jersey refused the mother’s late application to stay child-residence proceedings in favour of England, citing forum, delay, and welfare concerns.

  • Forum non conveniens
  • Habitual residence
  • Stay of proceedings
  • Child arrangements
  • Judicial continuity
  • Forum-non-conveniens
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Civil procedure [2018] JRC 088A

Zac (A Minor) v Estate of A (Deceased)

Zac (A Minor) v Estate of A (Deceased) [2018] JRC 088A (16 May 2018)

The Royal Court ordered an interim payment and a limited stay for an independent living trial, but refused a payment on account of legal costs.

  • Interim payments
  • Stay of proceedings
  • Payment on account of costs
  • Discount rate
  • Quantum of damages
  • Access to justice
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Insolvency [2018] JRC 073

Representation of Powell

Representation of Powell [2018] JRC 073 (20 April 2018)

The Royal Court held that Mrs Powell’s remise de biens had expired unsuccessfully, deemed cession générale followed, and the stay on dégrèvement proceedings was lifted.

  • Remise de biens
  • Cession gĂ©nĂ©rale
  • DĂ©grèvement
  • Capacity
  • Stay of proceedings
  • Remise-de-biens
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Family law

C v D

C v D (Matrimonial)

The Royal Court refused the Wife’s application to stay Jersey divorce and ancillary relief proceedings, holding that Jersey—not England—was the proper forum.

  • Forum non conveniens
  • Stay of proceedings
  • Divorce jurisdiction
  • Ancillary relief
  • Comity
  • Forum-non-conveniens
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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.