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Jersey decisions
Decisions matching the current search
Parish of St Saviour v Karava et al 30-Dec-25 (Royal Court : Hearing (Civil) : MacRae : Vue de Justice) [2025] JRC 339 (30 December 2025)
The Royal Court held that the Vue de Justice rules risked Article 6 non-compliance and should be amended before the boundary appeal proceeded.
Schlaefer v Morris (Royal Court : Hearing (Civil)) [2025] JRC 070 (12 March 2025)
The Royal Court granted enforcement orders in a boundary and encroachment dispute, directing the Viscount to remove identified structures and allowing a 28-day stay for agreement.
Schlaefer v Morris [2023] JRC 038 (09 March 2023)
The Royal Court granted summary judgment in a boundary and encroachment dispute, holding the Vue de Vicomte fixed the boundary, the covenant remained effective, and relief applied.
Carry -v- Liston [2017] JRC 144 (08 September 2017)
The Royal Court of Jersey held that proprietary estoppel did not assist the defendants and granted the plaintiff relief to recover a disputed strip of land.
Fogarty -v- St Martin's Cottage Limited [2017] JCA 096 (20 June 2017)
Leave to appeal to the Privy Council was refused in a boundary-encroachment dispute involving customary law reliefs and destination de père de famille.
Carry -v- Liston [2016] JRC 203B (08 November 2016)
Costs ruling in a boundary dispute: the court awarded the plaintiff standard costs for the withdrawn possession claim until 31 May 2016, then indemnity costs thereafter.
Fogarty -v- St Martin's Cottage Limited [2016] JCA 180 (05 October 2016)
The Court of Appeal held that a boundary contract moved the boundary and, on the facts, destination de père de famille applied. Damages in lieu of removal were also upheld.
Fogarty -v- St Martin's Cottage Ltd [2016] JRC 073 (30 March 2016)
On costs after a property encroachment dispute, the court found the plaintiff was overall more successful and ordered the defendant to pay costs, partly on an indemnity basis for a wrongful fraud plea.
De Zille -v- Fernando [2015] JRC 267 (21 December 2015)
Costs decision in a boundary and encroachment dispute over Field 270, where the plaintiffs succeeded on some issues but failed on others, leading to a 50% costs award.
Fogarty -v- St Martins Cottage Ltd [2015] JRC 068 (10 April 2015)
The Jersey Royal Court held a boundary contract valid, rejected the defendant’s defences, and ordered removal or alteration of encroachments, with damages to be assessed.
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