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Jersey Case Law

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Company law [2022] JRC 253

Alpen Partners Limited v Al-Amiri and Ors

Alpen Partners Limited v Al-Amiri and Ors [2022] JRC 253 (16 November 2022)

The Master heard interlocutory applications about requests for information, discovery, security for costs, and costs in a dispute over the Gardeners Property.

  • Discovery
  • Requests for information
  • Security for costs
  • Mitigation of loss
  • Compound interest
  • Requests-for-information
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Civil procedure [2021] JRC 254

Alpen Partners Limited v Al-Amir and Ors

Alpen Partners Limited v Al-Amir and Ors [2021] JRC 254 (19 October 2021)

The court set electronic discovery parameters in a dispute over property valuations, fees, and compound interest, requiring targeted searches and independent review of device data.

  • Electronic discovery
  • Disclosure obligations
  • Director duties
  • Compound interest
  • Management fees
  • Valuation of property
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Trusts [2013] JCA 071

Brazil v Durant

Brazil v Durant [2013] JCA 071 (11 April 2013)

The Jersey Court of Appeal dismissed an appeal over fraud proceeds traced through bank accounts, upheld constructive trustee liability, and affirmed compound interest.

  • Constructive trusts
  • Knowing receipt
  • Unjust enrichment
  • Proprietary claims
  • Tracing
  • Compound interest
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Trusts [2013] JRC 019A

Republic of Brazil -v- Durant

Republic of Brazil -v- Durant [2013] JRC 019A (24 January 2013)

The Jersey Royal Court awarded compound interest and indemnity costs, holding that knowingly received fraud proceeds can attract compound interest in equity.

  • Compound interest
  • Fiduciary duties
  • Fraud
  • Costs (indemnity basis)
  • Compound-interest
  • Fiduciary-duty
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Civil procedure [2013] 1 JLR 103

Brazil v Durant Intl.

Brazil v Durant Intl. [2013] 1 JLR 103 (24 January 2013)

The court held that compound interest could be awarded against defendants who knowingly received and retained US$10.5 million in fraud proceeds for over ten years.

  • Compound interest
  • Judgment debt
  • Constructive trust
  • Fraud
  • Breach of fiduciary duty
  • Knowing assistance
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Contract law [2012] JRC 199

Doorstop Ltd -v- Gillman and Lepervier

Doorstop Ltd -v- Gillman and Lepervier [2012] JRC 199 (01 November 2012)

The Royal Court of Jersey held it could refuse to enforce immoderate contractual interest, reduced one loan’s interest claim, and disallowed compound and penalty interest.

  • Usury
  • Contractual interest
  • Compound interest
  • Guarantee and indemnity
  • Public policy
  • Penalty clauses
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Civil procedure [2006] JRC 034A

UCC -v- Bender 10-Mar-2006

UCC -v- Bender 10-Mar-2006 [2006] JRC 034A (10 March 2006)

The court refused to discharge a freezing injunction, finding no material non-disclosure, a good arguable case, and a real risk of dissipation.

  • Freezing injunction (mareva)
  • Full and frank disclosure
  • Risk of dissipation
  • Assignment of claims
  • Compound interest
  • Proprietary and personal claims
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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.