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Jersey Case Law

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Civil procedure [2022] JRC 232

Carmichael v Alderton

Carmichael v Alderton [2022] JRC 232 (28 October 2022)

The Royal Court ordered disclosure of probate filings referred to in pleadings and awarded the plaintiff standard costs in a dispute over repayment of a family loan.

  • Discovery of documents
  • Loan repayment
  • Estate administration
  • Costs orders
  • Discovery-of-documents
  • Probate-litigation
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Civil procedure [2022] JRC 122

Pender v GGH (Jersey) Limited and Ors

Pender v GGH (Jersey) Limited and Ors [2022] JRC 122 (07 June 2022)

The court held that the plaintiff could rely on a disclosed Fox Williams email, found no obvious mistake barring use, and addressed whether fairness required further discovery.

  • Legal professional privilege
  • Waiver of privilege
  • Discovery of documents
  • Fair trial
  • Independence of directors
  • Legal-professional-privilege
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Civil procedure [2003] JRC 194

JFSC v AP Black J Ltd and Ors

JFSC v AP Black J Ltd and Ors [2003] JRC 194 (28 October 2003)

The Royal Court dismissed CATJ’s application for specific discovery of privileged legal opinions, holding that privilege was not waived by a withdrawn expert report.

  • Legal professional privilege
  • Waiver of privilege
  • Discovery of documents
  • Collective investment funds (jersey) law 1988
  • Legal-professional-privilege
  • Waiver-of-privilege
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Civil procedure [1998] UR 207

1998/207 - Cooper v Lieutenant Governor

1998/207 - Cooper v Lieutenant Governor [1998] UR 207 (20 October 1998)

The Royal Court of Jersey struck out an Order of Justice as misconceived and hopeless, holding the claims were barred by res judicata and outside its jurisdiction.

  • Strike out application
  • Res judicata
  • Norwich pharmacal application
  • European convention on human rights
  • Discovery of documents
  • Strike-out-application
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Civil procedure [1998] UR 21

1998/21 - Mayo Associates v Cantrade Private Bank

1998/21 - Mayo Associates v Cantrade Private Bank [1998] UR 21 (3 February 1998)

Interlocutory discovery ruling in a Jersey banking and investment dispute, granting targeted specific discovery for some categories while refusing others.

  • Discovery of documents
  • Trustee duties
  • Bank liability
  • Investment losses
  • Specific discovery
  • Affidavit of discovery
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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.