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Jersey Case Law

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Civil-procedure [2021] JRC 245

Giacomini SPA v Cucchiaro

Giacomini SPA v Cucchiaro [2021] JRC 245 (16 September 2021)

The Royal Court granted interim ex parte relief by way of arrĂŞt entre mains to help enforce an Italian compensation order against sums due to the defendant.

  • Enforcement-of-foreign-judgments
  • ArrĂŞt-entre-mains
  • Trustee-fees
  • Interim-relief
  • Foreign-judgment-enforcement
  • Arrt-entre-mains
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Trusts [2020] JRC 140B

In the matter of the 1964 Settlement

In the matter of the 1964 Settlement [2020] JRC 140B (16 July 2020)

The Jersey Royal Court granted a self-dealing power for an English-law trust, but declined to bless a proposed restructuring because the variation made approval unnecessary.

  • Self-dealing
  • Variation-of-trusts
  • Jurisdiction
  • Conflict-of-laws
  • Trust-variation
  • Trustee-powers
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Trusts-and-estates [2018] JRC 059

Titris SA -v- A

Titris SA -v- A [2018] JRC 059 (16 March 2018)

The Royal Court of Jersey gave case management directions in a trust dispute, allowing limited discovery and Italian-law expert evidence on the meaning of “eredi legittimi.”

  • Interpretation-of-trust-deeds
  • Beneficiary-entitlement
  • Trustee-removal
  • Provision-of-information-by-trustees
  • Conflict-of-laws
  • Trust-deed-interpretation
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Insolvency [2018] JRC 006A

Ariel -v- Halabi

Ariel -v- Halabi [2018] JRC 006A (10 January 2018)

The Jersey Royal Court held that compliance with an HMRC information notice would breach prior Jersey disclosure restrictions, but granted leave and varied the order to permit compliance.

  • Use-and-disclosure-of-confidential-material
  • Variation-of-court-orders
  • Enforcement-of-foreign-tax-laws
  • Jurisdiction-under-bankruptcy-(dĂ©sastre)-(jersey)-law-1990
  • Tax-information-exchange-agreements-(tiea)
  • Disclosure-orders
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Civil-procedure

Dubai Islamic Bank PJSC v Charles Ridley

Appeal from a strike-out decision partly allowed. Most Sharia-law, proper-law, construction, and trust issues were left for trial, but fraud issue estoppel was upheld.

  • Strike-out
  • Summary-judgment
  • Proper-law
  • Sharia-law
  • Res-judicata
  • Issue-estoppel
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Trust-law [2016] JRC 166C

Rep of G and in the matter of the D Trust E Trust and the F Trust

Rep of G and in the matter of the D Trust E Trust and the F Trust [2016] JRC 166C (19 September 2016)

The Royal Court of Jersey set aside share transfers to amended trusts for mistake, holding the transfers were made under a mistaken understanding of US estate tax consequences.

  • Setting-aside-trust-transfers-for-mistake
  • Conflict-of-laws-in-trust-transfers
  • Tax-consequences-of-trust-structures
  • Trust-law
  • Setting-aside-transfers-for-mistake
  • Conflict-of-laws
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Trusts [2016] JRC 102

Dubai Islamic Bank -v- Ridley

Dubai Islamic Bank -v- Ridley [2016] JRC 102 (07 June 2016)

The court struck out Sharia-law and fraud-denial pleadings, holding they were legally unsustainable and barred by estoppel or abuse of process.

  • Tracing
  • Pauline-action
  • Sharia-law
  • Issue-estoppel
  • Abuse-of-process
  • Conflict-of-laws
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Trusts [2016] JRC 099

Rep of WTHK Ltd and Valentin NZ Ltd -v- UBS Trustees

Rep of WTHK Ltd and Valentin NZ Ltd -v- UBS Trustees [2016] JRC 099 (27 May 2016)

The Jersey Royal Court held that the representors were validly appointed as additional trustees, but limited its declaration on their powers to avoid deciding criminal law issues.

  • Appointment-of-trustees
  • Fiduciary-powers
  • Money-laundering
  • Asset-freezing
  • Conflict-of-laws
  • Trusts
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Conflict-of-laws

Campbell v. Campbell

Campbell v. Campbell [2016] 1 JLR_Note 12 (23 March 2016)

Jersey proceedings in Campbell v. Campbell concerned whether a stay should be granted because of parallel foreign litigation.

  • Parallel-foreign-proceedings
  • Stay-of-proceedings
  • Conflict-of-laws
  • Parallel-proceedings
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Trusts-and-estates [2015] JRC 125

Representation of Schroder Cayman Bank and Trust Co Ltd

Representation of Schroder Cayman Bank and Trust Co Ltd [2015] JRC 125 (10 June 2015)

The Jersey Royal Court recognised a Cayman judgment holding trust appointments void for excessive execution and authorised the trustees to return the assets.

  • Validity-of-appointments-under-trust
  • Recognition-of-foreign-judgments
  • Proper-law-of-trusts
  • Excessive-execution-of-powers
  • Mistake-in-trust-appointments
  • Trusts-and-estates
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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.