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Jersey Case Law

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Civil procedure [2022] JRC 172

Hard Rock Limited and Anor v HRCKY Limited

Hard Rock Limited and Anor v HRCKY Limited [2022] JRC 172 (18 August 2022)

Appeal against refusal to strike out a counterclaim for discovery breaches was dismissed; the court held the late disclosure of one report did not justify strike-out.

  • Strike-out applications
  • Discovery obligations
  • Unless orders
  • Fraudulent misrepresentation
  • Abuse of process
  • Strike-out
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Wills and probate [2018] JRC 031

In the matter of II

In the matter of II [2018] JRC 031 (7 February 2018)

Appeals against strike-out orders were dismissed. The court held the sons had no direct cause of action, and fraud allegations were inadequately particularised.

  • Strike-out applications
  • Fraudulent misrepresentation
  • Testamentary capacity
  • Undue influence
  • Legitime rights
  • Negligence of legal advisers
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Contract law [2015] JCA 242

Home Farm Developments Limited and Others -v- Le Sueur

Home Farm Developments Limited and Others -v- Le Sueur [2015] JCA 242 (25 November 2015)

The Court of Appeal held that the Settlement Agreement barred the appellants’ claims, but allowed a limited amendment route based on possible rectification.

  • Strike-out applications
  • Settlement agreements
  • Summary judgment
  • Rectification
  • Consent in contract
  • Abuse of process
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Civil procedure [2006] JRC 182

JFSC -v- A.P. Black and Ors 6-Dec-2006

JFSC -v- A.P. Black and Ors 6-Dec-2006 [2006] JRC 182 (06 December 2006)

The Royal Court allowed the Commission to discontinue proceedings against the remaining Black respondents, refused Mrs. Black’s costs claim, and referred wasted costs to taxation.

  • Discontinuance
  • Costs orders
  • Public interest litigation
  • Strike-out applications
  • Costs-orders
  • Public-interest-litigation
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