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Jersey Case Law

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Insolvency / bankruptcy

Representation of Cochrane

The Royal Court dismissed Dr Cochrane’s challenge to the Viscount’s refusal to release funds for English legal advice, holding the decision was a proper Article 23 discretion.

  • DĂ©sastre
  • Viscount’s discretion under article 23
  • Refusal to fund legal advice
  • Reasonableness / irrationality review
  • Conflict of interest
  • Desastre
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Property

Booth v Viscount of the Royal Court of Jersey

The Royal Court refused Mr Booth’s challenge to the Viscount’s refusal to assign him a negligence claim over a 2013 King’s Oak valuation.

  • Assignment of claim
  • Valuation negligence
  • DĂ©sastre
  • Judicial review of viscount's decision
  • Article 3
  • Article 6
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Insolvency [2024] JRC 043

In the matter of the Desastre of Dr Gail Cochrane

In the matter of the Desastre of Dr Gail Cochrane [2024] JRC 043 (23 February 2024)

The Royal Court held that the Viscount is a proper respondent to a recall application under the Désastre Law because notice and the court’s assessment require the Viscount’s participation.

  • Recall of dĂ©sastre
  • Party joinder
  • Creditor claims
  • Court discretion
  • Insolvency
  • Bankruptcy
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Insolvency [2021] JRC 112

Gothard v Strada Drilling International Limited 09-Apr-2021

Gothard v Strada Drilling International Limited 09-Apr-2021 [2021] JRC 112 (09 April 2021)

The Royal Court refused to place Strada Drilling International Limited en désastre after the applicant withdrew his request. The company was treated as insolvent and creditors’ winding up was expected.

  • Bankruptcy (dĂ©sastre)
  • Winding up of companies
  • Secured and unsecured creditors
  • Director duties
  • Insolvency
  • Company-law
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Insolvency [2020] JCA 168

Cochrane v Harbour Fund II LLP and the Viscount

Cochrane v Harbour Fund II LLP and the Viscount [2020] JCA 168 (14 August 2020)

The Court of Appeal refused Dr Cochrane’s out-of-time appeal against a declaration of désastre, finding nearly three years’ delay unjustified and the proposed appeal weak.

  • Extension of time to appeal
  • Declaration of dĂ©sastre
  • Liquidated claim
  • Realisable assets
  • Litigation funding
  • Guarantee liability
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Insolvency [2020] JRC 103

In the matter of Draganfly Investments Limited

In the matter of Draganfly Investments Limited [2020] JRC 103 (03 June 2020)

The Royal Court ordered Draganfly Investments Limited wound up on a just and equitable basis under Article 155 after finding loss of substratum and insolvency.

  • Just and equitable winding up
  • Loss of substratum
  • Creditors' winding up
  • DĂ©sastre
  • Deadlock
  • Insolvency
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Insolvency [2020] JRC 047

Representation of DP9 Limited

Representation of DP9 Limited [2020] JRC 047 (12 March 2020)

The Royal Court placed SPARC Group Limited en désastre and held it could require the creditor to fund the Viscount’s likely costs in advance under Article 5(2).

  • Declaration en dĂ©sastre
  • Creditor indemnity
  • Court powers under article 5(2)
  • Security for costs
  • Discrimination under echr
  • Insolvency
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Insolvency [2020] JRC 043

Viscount v Smith re: Cochrane and ORB A.R.L.

Viscount v Smith re: Cochrane and ORB A.R.L. [2020] JRC 043 (09 March 2020)

The Jersey Royal Court approved the Viscount’s decision to enter a settlement agreement in complex désastre proceedings involving disputed English litigation assets.

  • DĂ©sastre
  • Settlement agreement
  • Creditor claims
  • Court supervision
  • Distribution of assets
  • D-sastre
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Insolvency [2018] JRC 170

Viscount v Booth and Investec Bank

Viscount v Booth and Investec Bank [2018] JRC 170 (12 September 2018)

The Royal Court upheld the Viscount’s refusal to set aside loan security for erreur and held no further investigation into the désastre was required.

  • DĂ©sastre proceedings
  • Erreur (mistake) in contract
  • Judicial hypothec
  • Duties of viscount
  • Review of administrative decisions
  • Desastre
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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.