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Jersey Case Law

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Personal injury [2020] JRC 100

Zac (Minor) v The Estate of A (deceased) (Capacity) 26-Mar-2021

Zac (Minor) v The Estate of A (deceased) (Capacity) 26-Mar-2021 [2020] JRC 100 (26 March 2021)

The Jersey Royal Court made its first periodical payments order under the Damages (Jersey) Law 2019, finding the proposed payments were reasonably secure.

  • Periodical payments order
  • Future pecuniary loss
  • Security of payment
  • Variation of orders
  • Periodical-payments-order
  • Personal-injury-damages
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Capacity law [2020] JRC 074

Zac v The Estate of A (deceased) (Capacity) 15-Mar-2021

Zac v The Estate of A (deceased) (Capacity) 15-Mar-2021 [2020] JRC 074 (15 March 2021)

The Jersey Royal Court approved a delegate’s decision to accept a settlement for Zac, finding the choice was in his best interests and supported by legal advice.

  • Periodical payment orders
  • Statutory discount rate
  • Variation of orders
  • Best interests
  • Delegate decision-making
  • Capacity-law
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Criminal law [2020] JCA 147

AG v Howes

AG v Howes [2020] JCA 147 (29 July 2020)

The Court of Appeal extended the time to pay a confiscation order from 12 to 36 months, citing the respondent’s efforts to pay and Covid-19 disruption.

  • Confiscation order
  • Extension of time to pay
  • Court powers
  • Variation of orders
  • Confiscation-order
  • Time-to-pay
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Civil procedure [2016] JRC 226

Jensen -v- Jensen

Jensen -v- Jensen [2016] JRC 226 (06 December 2016)

Costs judgment in a Jersey freezing-injunction case. The court ordered the first and third defendants to pay the plaintiff’s costs on an indemnity basis.

  • Costs
  • Freezing injunctions
  • Indemnity costs
  • Variation of orders
  • Indemnity-costs
  • Freezing-injunctions
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Criminal law [2016] JRC 185

AG -v- U

AG -v- U [2016] JRC 185 (13 October 2016)

The Jersey Royal Court amended a sex offender restraining order to add supervised contact requirements for the respondent’s son Taylor and clarify third-party protections.

  • Sex offenders register
  • Restraining orders
  • Child protection
  • Variation of orders
  • Restraining-orders
  • Sex-offenders-law
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Family law [2013] JRC 056

C -v- D

C -v- D (Matrimonial) [2013] JRC 056 (14 March 2013)

Appeal and cross-appeal in ancillary relief proceedings over a Mesher order, maintenance, and contempt. The court varied the order to give the wife the home equity.

  • Ancillary relief
  • Variation of orders
  • Mesher order
  • Spousal maintenance
  • Child maintenance
  • Contempt of court
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Family law [2008] JRC 128

PS v HF and SS

PS v HF and SS [2008] JRC 128 (12 August 2008)

The Jersey Royal Court refused to set aside a matrimonial consent order, holding there was no material non-disclosure, no lack of scrutiny, and no exceptional injustice.

  • Consent orders
  • Financial disclosure
  • Variation of orders
  • Clean break
  • Maintenance
  • Pension sharing
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Family law [2004] JRC 033

L v V

L v V [2004] JRC 033 (19 February 2004)

The court set aside two earlier consent orders in a divorce finance dispute, finding no evidence of proper judicial scrutiny, and reallocated family assets.

  • Consent orders
  • Variation of orders
  • Financial provision
  • Children's welfare
  • Judicial scrutiny of agreements
  • Family-law
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Family law [1985] JLR 379

In re de Sousa v

In re de Sousa v [1985] JLR 379 (02 July 1986)

The court held that arrears of periodical payments could not be remitted, but the order itself could be varied retrospectively to reduce what was payable from the outset.

  • Financial provision
  • Periodical payments
  • Variation of orders
  • Family-law
  • Financial-provision
  • Periodical-payments
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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.