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Jersey Case Law

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Probate [2021] JRC 023

OM Estate 25-Jan-2021

OM Estate 25-Jan-2021 [2021] JRC 023 (25 January 2021)

The Jersey Royal Court resolved executor deadlock in an estate administration dispute, authorising delegation to Advocate Binnington and pruning further pointless enquiries.

  • Executor deadlock
  • Delegation of executor powers
  • Estate administration
  • Court directions
  • Trustee powers
  • Beneficiary interests
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Corporate law [2018] JRC 194

Representation of Private Equity Fund Finance Ltd

Representation of Private Equity Fund Finance Ltd [2018] JRC 194 (18 October 2018)

The court held that a Jersey limited partnership was dissolved when its sole general partner was struck off, and ordered directions for an orderly winding up.

  • Winding-up of limited partnerships
  • Dissolution
  • Distribution of assets
  • Court directions
  • Winding-up
  • Limited-partnerships
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Criminal law [2016] JRC 132

Arthur -v- AG and Others

Arthur -v- AG and Others [2016] JRC 132 (01 August 2016)

The Court held the Viscount held only Mr Arthur’s joint interest in land under a saisie judiciaire, ordered the sale to proceed jointly, and allowed the hearing to be private.

  • Saisie judiciaire
  • Proceeds of crime
  • Joint property ownership
  • Sale of realisable property
  • Fiduciary duties
  • Court directions
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Trusts [2010] JRC 083

In the matter of the representation of G

In the matter of the representation of G [2010] JRC 083 (21 April 2010)

The Jersey Royal Court dismissed a beneficiary’s discovery application as premature because the trust allegations were not properly pleaded.

  • Trustee discretion
  • Beneficiary rights
  • Discovery
  • Pleading requirements
  • Removal of protector
  • Addition of beneficiaries
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Trust law [2002] JRC 155

Parujan v Atlantic Western Trustees

Parujan v Atlantic Western Trustees [2002] JRC 155 (19 August 2002)

The Jersey Royal Court granted directions in a trust dispute, fixing a trial timetable, ordering affidavit evidence, and requiring the independent reviewer to be available for cross-examination.

  • Removal of trustee
  • Audit of trustee fees
  • Court directions
  • Cross-examination of independent reviewer
  • Trust-law
  • Trustee-fees
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Trusts [2001] JLR 530

Abacus (C.I.) Ltd. v Hirschfield

Abacus (C.I.) Ltd. v Hirschfield [2001] JLR 530 (17 September 2001)

On a trustee’s application for directions, the court held it could accept a surrender of discretion for good reason and would then exercise it in beneficiaries’ interests.

  • Powers and duties of trustees
  • Surrender of discretion
  • Court directions
  • Trusts
  • Trustee-powers
  • Court-directions
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Criminal law [2001] JRC 75

Batalla Representation v

Batalla Representation v [2001] JRC 75 (26 March 2001)

The court partly discharged a saisie judiciaire for assets not yet subject to US forfeiture proceedings, declined to discharge the rest, and allowed Trustee costs to be paid from realisable property.

  • Saisie judiciaire
  • Drug trafficking proceeds
  • Forfeiture proceedings
  • Trustee costs
  • Court directions
  • Saisie-judiciaire
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Insolvency [2000] JRC 255

Viscount v Shirley

Viscount v Shirley [2000] JRC 255 (20 December 2000)

The Royal Court held that the Viscount’s legal costs in a désastre were properly incurred and that, with no assets left to distribute, further merits litigation was futile.

  • DĂ©sastre administration
  • Priority and ordinary claims
  • Costs in insolvency
  • Properly incurred expenses
  • Court directions
  • Desastre-administration
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Trusts [1984] JLR 13

Clore v Stype Trustees

Clore v Stype Trustees [1984] JLR 13 (03 April 1984)

Trustees were granted a full indemnity from trust funds for costs incurred in properly seeking court directions on trust litigation, as the application was not dilatory.

  • Trustee indemnity
  • Costs
  • Court directions
  • Trusts
  • Trustee-indemnity
  • Court-directions
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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.