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Jersey Case Law

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Civil-procedure [2022] JRC 122

Pender v GGH (Jersey) Limited and Ors

Pender v GGH (Jersey) Limited and Ors [2022] JRC 122 (07 June 2022)

The court held that the plaintiff could rely on a disclosed Fox Williams email, found no obvious mistake barring use, and addressed whether fairness required further discovery.

  • Legal-professional-privilege
  • Waiver-of-privilege
  • Discovery-of-documents
  • Fair-trial
  • Independence-of-directors
  • Specific-discovery
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Civil-procedure

Deripaska v Chernukhin and Navigator Equities Limited

The Court of Appeal refused permission to appeal to the JCPC in this interlocutory privilege dispute, holding that no point of general public importance arose.

  • Legal-professional-privilege
  • Waiver-of-privilege
  • Confidentiality
  • Interlocutory-appeal
  • Permission-to-appeal
  • Judicial-committee-of-the-privy-council
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Civil-procedure [2021] JCA 206

Deripaska v Chernukhin and Navigator Equities Limited

Deripaska v Chernukhin and Navigator Equities Limited [2021] JCA 206 (31 August 2021)

The Court of Appeal held that privilege was not irretrievably waived by affidavits served before trial and allowed amended affidavits removing privileged references.

  • Legal-professional-privilege
  • Waiver-of-privilege
  • Disclosure
  • Affidavit-evidence
  • Case-management
  • Civil-procedure
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Civil-procedure [2021] JRC 084

Chernukhin and Anor v Deripaska and Anor 24-Mar-2021

Chernukhin and Anor v Deripaska and Anor 24-Mar-2021 [2021] JRC 084 (24 March 2021)

The Jersey Royal Court ordered costs in the cause on several interlocutory summonses, including amendments, further information, and privilege-related applications.

  • Costs
  • Amendment-of-pleadings
  • Waiver-of-privilege
  • Requests-for-further-information
  • Civil-procedure
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Civil-procedure [2021] JRC 039

Chernukhin and Anor v Deripaska and Anor 11-Feb-2021

Chernukhin and Anor v Deripaska and Anor 11-Feb-2021 [2021] JRC 039 (11 February 2021)

The Royal Court ruled on amendment, privilege, wasted costs, and further information applications in pre-trial proceedings, allowing some requests and refusing others.

  • Amendment-of-pleadings
  • Duty-of-care-of-advocates
  • Wasted-costs
  • Waiver-of-privilege
  • Requests-for-further-information
  • Further-information
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Trusts-and-equity [2016] JRC 111

Crociani -v- Crociani

Crociani -v- Crociani [2016] JRC 111 (30 June 2016)

The court partly granted plaintiffs’ specific discovery application, ordering disclosure of certain legal advice before the Agate Appointment on waiver of privilege grounds.

  • Waiver-of-legal-professional-privilege
  • Specific-discovery
  • Breach-of-trust
  • Appointment-and-retirement-of-trustees
  • Disclosure-obligations
  • Waiver-of-privilege
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Civil-procedure [2015] JRC 145

Crociani -v- Crociani

Crociani -v- Crociani [2015] JRC 145 (01 July 2015)

The court refused disclosure of legal advice said to be referred to in affidavit evidence and correspondence, finding no waiver of privilege, but ordered limited disclosure of timing.

  • Waiver-of-privilege
  • Amendment-of-pleadings
  • Disclosure-of-legal-advice
  • Abuse-of-process
  • Legal-professional-privilege
  • Disclosure
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Civil-procedure [2011] JRC 067

Cafe de Lecq -v- Rossborough

Cafe de Lecq -v- Rossborough [2011] JRC 067 (29 March 2011)

The court held document 135 was privileged, but its mistaken disclosure was not an obvious error to the receiving lawyers, so no injunction was granted.

  • Litigation-privilege
  • Discovery
  • Waiver-of-privilege
  • Injunctions
  • Professional-indemnity-insurance
  • Inadvertent-disclosure
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Professional-privilege

Cunningham v Cunningham

Cunningham v Cunningham [2010] JLR_Note 24 (13 April 2010)

A Jersey Law Reports note concerning whether advocate-client professional privilege had been waived in interlocutory civil proceedings.

  • Waiver-of-advocate-client-privilege
  • Professional-privilege
  • Waiver-of-privilege
  • Advocate-client-privilege
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Trust-law [2010] JRC 074

Cunningham -v- Cunningham

Cunningham -v- Cunningham [2010] JRC 074 (13 April 2010)

Interlocutory trust dispute on whether a former solicitor could be authorised to give evidence despite legal professional privilege.

  • Waiver-of-privilege
  • Trustee-duties
  • Admissibility-of-evidence
  • Court's-supervisory-jurisdiction-over-trusts
  • Legal-professional-privilege
  • Trust-law
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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.