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Jersey Case Law

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Insolvency [2021] JRC 112

Gothard v Strada Drilling International Limited 09-Apr-2021

Gothard v Strada Drilling International Limited 09-Apr-2021 [2021] JRC 112 (09 April 2021)

The Royal Court refused to place Strada Drilling International Limited en désastre after the applicant withdrew his request. The company was treated as insolvent and creditors’ winding up was expected.

  • Bankruptcy (dĂ©sastre)
  • Winding up of companies
  • Secured and unsecured creditors
  • Director duties
  • Insolvency
  • Company-law
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Insolvency [2018] JRC 051

Representation of Greater Europe Deep Value Fund II Limited

Representation of Greater Europe Deep Value Fund II Limited [2018] JRC 051 (06 March 2018)

The Royal Court approved the final accounts of a wound-up fund and held it had power to order dissolution after a court-ordered winding up.

  • Winding up of companies
  • Dissolution of companies
  • Powers of liquidators
  • Court's inherent jurisdiction
  • Winding-up-of-companies
  • Dissolution-of-companies
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Company law [2013] JRC 004

EVIC -v- Greater Europe and Green Shoots

EVIC -v- Greater Europe and Green Shoots [2013] JRC 004 (08 January 2013)

The Jersey Royal Court ordered the Fund wound up on just and equitable grounds and appointed independent liquidators, rejecting director-led winding up and other adjournment requests.

  • Winding up of companies
  • Just and equitable winding up
  • Unfair prejudice
  • Liquidator appointment
  • Fund substratum
  • Shareholder remedies
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Insolvency [2012] JRC 172

Representation of Maltese Holdings Ltd and Zollinger Investments Ltd

Representation of Maltese Holdings Ltd and Zollinger Investments Ltd [2012] JRC 172 (03 October 2012)

The Jersey Royal Court restrained enforcement of judgments against Mr O’Brien pending a winding up application, to preserve the status quo and avoid creditor advantage.

  • Winding up of companies
  • Stay of enforcement
  • Equal treatment of creditors
  • Recognition of foreign judgments
  • Inherent jurisdiction of the court
  • Winding-up
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Company law [2012] JRC 146

EVIC -v- Greater Europe

EVIC -v- Greater Europe [2012] JRC 146 (01 August 2012)

The Royal Court of Jersey held that the fund’s Redemption in Kind proposal breached the prospectus and articles because it effectively prolonged the wind-down without proper approval.

  • Winding up of companies
  • Unfair prejudice
  • Interpretation of articles of association
  • Interpretation of prospectus
  • Redemption in kind
  • Loss of substratum
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Civil procedure [1998] UR 32

1998/32 - Jean v Murfitt

1998/32 - Jean v Murfitt [1998] UR 32 (13 February 1998)

The Court of Appeal dismissed an application to set aside earlier judgments based on a letter said to be fresh evidence, and upheld lifting a stay on enforcement of costs orders.

  • Fresh evidence on appeal
  • Forgery
  • Setting aside judgments
  • Winding up of companies
  • Stay of proceedings
  • Fresh-evidence
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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.