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Jersey Case Law

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Criminal law [2021] JRC 328

AG v Baksa

AG v Baksa [2021] JRC 328 (24 December 2021)

The Royal Court considered a wasted costs application after prosecution disclosure failures delayed a jury trial, but made no order because the defendant was legally aided.

  • Wasted costs orders
  • Disclosure failures
  • Negligence by prosecution
  • Legal aid
  • Wasted-costs-orders
  • Criminal-disclosure
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Civil procedure [2017] JRC 057

MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 057 (04 April 2017)

The Royal Court refused to set aside leave to convene Sinels for wasted costs, but amended its earlier judgment to say Sinels achieved “little” rather than “nothing”.

  • Wasted costs orders
  • Legal professional privilege
  • Abuse of process
  • Summary procedure
  • Wasted-costs-orders
  • Legal-professional-privilege
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Civil procedure [2017] JRC 056

MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 056 (04 April 2017)

The Royal Court of Jersey considered applications for disclosure and for joinder of non-parties for third-party or wasted costs orders in trust litigation.

  • Third party costs orders
  • Wasted costs orders
  • Non-party disclosure
  • Legal professional privilege
  • Curatorship
  • Litigation funding
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Civil procedure [2014] JRC 208A

Optical Services and Ors -v- Carey Olsen and Ors

Optical Services and Ors -v- Carey Olsen and Ors [2014] JRC 208A (29 October 2014)

The court held that an opposing litigant generally has no duty of care from the other side’s lawyer, and breach of the Law Society Code does not create civil liability.

  • Duty of care of lawyers
  • Costs in litigation
  • Law society code of conduct
  • Adversarial litigation
  • Wasted costs orders
  • Legal-professional-negligence
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Civil procedure [2009] JCA 016

Mubarik v Mubarak

Mubarik v Mubarak [2009] JCA 016 (05 February 2009)

The Court of Appeal decided costs after its substantive trust appeal, awarding some costs on the standard or indemnity basis, but refusing a wasted costs order against counsel.

  • Costs
  • Indemnity costs
  • Wasted costs orders
  • Trust litigation
  • Summary assessment
  • Indemnity-costs
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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.