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Jersey Case Law

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Contract law [2024] JCA 069

HRCKY Limited v Hard Rock Limited and Anor

HRCKY Limited v Hard Rock Limited and Anor [2024] JCA 069 (05 April 2024)

The Court of Appeal dismissed HRCKY’s appeal over a Hard Rock franchise dispute, upholding findings of no actionable misrepresentation, no damages claim, and no dol par réticence in commercial contracts.

  • Misrepresentation
  • Fraudulent misrepresentation
  • Dol par rĂ©ticence
  • Implied duty of good faith
  • Erreur
  • Causation
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Tort [2022] JRC 246

Piechota v The Jersey Royal Company Limited

Piechota v The Jersey Royal Company Limited [2022] JRC 246 (08 November 2022)

The court held that most of the claimant’s ongoing pain and disability stemmed from family stress rather than the accident, limiting damages to accident-related loss.

  • Whiplash injury
  • Somatic symptom disorder
  • Causation
  • Quantum of damages
  • Loss of earnings
  • Pain and suffering
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Civil procedure [2021] JRC 221

Morelli v Morelli and Wagland and Ors

Morelli v Morelli and Wagland and Ors [2021] JRC 221 (23 August 2021)

The Royal Court of Jersey refused an inquiry into damages on cross-undertakings after ex parte injunctions, finding the claimed losses were not causally shown and discretion also weighed against it.

  • Undertakings in damages
  • Interim injunctions
  • Forced heirship
  • Estate administration
  • Liquidation of company
  • Discretion to order inquiry
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Civil procedure [2017] JRC 140A

MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 140A (04 September 2017)

The Royal Court refused Sinels leave to appeal against an interlocutory wasted-costs ruling, finding no real prospect of success and no public-advantage question.

  • Wasted costs
  • Leave to appeal
  • Summary judgment
  • Burden of proof
  • Causation
  • Wasted-costs
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Civil procedure [2017] JRC 130A

MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 130A (14 August 2017)

The Royal Court refused Sinels’ strike-out and reverse summary judgment application in wasted costs proceedings, holding that causation on the later costs claim should go to trial.

  • Wasted costs
  • Causation
  • Summary judgment
  • Strike out
  • Abuse of process
  • Wasted-costs
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Insurance law [2012] JRC 067

Cafe de Lecq -v- Rossborough

Cafe de Lecq -v- Rossborough [2012] JRC 067 (26 March 2012)

The commissioner held that Rossborough failed to adequately warn Café de Lecq’s proprietor about a fryer warranty, and causation was established.

  • Causation
  • Duty of care
  • Insurance warranties
  • Broker liability
  • Insurance-law
  • Broker-negligence
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Tort law [2006] JRC 059

JEC -v- Brocken and Fitzpatrick 20-Apr-2006

JEC -v- Brocken and Fitzpatrick 20-Apr-2006 [2006] JRC 059 (20 April 2006)

The Jersey Royal Court dismissed B&F’s third-party claim against Dewplan, finding no negligence in the design or installation of a demineralisation plant valve.

  • Negligence
  • Duty of care
  • Causation
  • Contributory negligence
  • Product design liability
  • Expert evidence
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Contract law [2006] JLR 142

Snell v Thacker

Snell v Thacker [2006] JLR 142 (23 March 2006)

The case addresses causation and quantum in contract damages for loss of development profits, including proof that the project would have proceeded but for the breach.

  • Damages
  • Causation
  • Loss of development profits
  • Contract-law
  • Loss-of-development-profits
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Medical negligence [2004] JCA 203

Nicholson v Health and Social Services Committee

Nicholson v Health and Social Services Committee [2004] JCA 203 (22 November 2004)

The Court of Appeal dismissed a medical negligence appeal arising from a 1977 cord prolapse delivery, holding the 50–55 minute response was not negligent on the evidence.

  • Standard of care
  • Hospital liability
  • Causation
  • Obstetric emergencies
  • Decision-to-delivery interval
  • Medical-negligence
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Medical negligence [2004] JRC 096

Nicholson v Health and Social Services Committee

Nicholson v Health and Social Services Committee [2004] JRC 096 (04 June 2004)

A medical negligence claim over delayed response to a cord prolapse at Jersey’s Maternity Hospital failed on liability, the court finding the 55-minute interval was not negligent in 1977.

  • Standard of care
  • Causation
  • Obstetric liability
  • Emergency caesarean section
  • Delay in medical treatment
  • Medical-negligence
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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.