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Jersey Case Law

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Civil procedure [2017] JRC 082

Hong Kong Foods Ltd and Gibbons -v- Robin Hood Curry and Thirkell

Hong Kong Foods Ltd and Gibbons -v- Robin Hood Curry and Thirkell [2017] JRC 082 (26 May 2017)

The Court of Appeal granted an extension of time to file an appeal, accepting the delay was short and excusable despite weak apparent prospects.

  • Extension of time
  • Appeals
  • Discretion of court
  • Prejudice
  • Merits assessment
  • Extension-of-time
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Civil procedure [2015] JCA 146A

Home Farm Strata and Holmes -v- Le Sueur

Home Farm Strata and Holmes -v- Le Sueur [2015] JCA 146A (02 July 2015)

The Court of Appeal extended time for service of a notice of appeal, treating the appellant’s non-compliance as a minor technical error and leaving merits unresolved.

  • Extension of time
  • Service of notice of appeal
  • Discretion of court
  • Litigant in person
  • Extension-of-time
  • Service-of-notice-of-appeal
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Civil procedure [2012] 2 JLR 226

Flynn v Reid

Flynn v Reid [2012] 2 JLR 226 (26 September 2012)

Costs were not capped despite legal aid. The court held that parties’ means are generally irrelevant to costs, except in matrimonial cases.

  • Costs
  • Discretion of court
  • Civil-procedure
  • Legal-aid
  • Discretion-of-court
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Bankruptcy [2010] JRC 166A

Representation of Mickhael

Representation of Mickhael [2010] JRC 166A (14 September 2010)

The Jersey Royal Court refused a remise de biens application by Dr Mickhael, holding it had jurisdiction but declining relief because a surplus and sale outcome were too uncertain.

  • Remise de biens
  • DĂ©grèvement
  • Discretion of court
  • Distribution to creditors
  • Fair hearing
  • Remise-de-biens
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Criminal law [2009] JRC 169A

AG v Donachie

AG v Donachie [2009] JRC 169A (27 August 2009)

The Royal Court refused an application to vacate guilty pleas to 24 counts of larceny as a servant, holding the pleas were unequivocal and properly advised.

  • Vacating guilty plea
  • Larceny as a servant
  • Discretion of court
  • Criminal-law
  • Guilty-plea-withdrawal
  • Larceny-as-a-servant
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Bankruptcy

In re Williams v

In re Williams v [2009] JLR_Note 16 (24 March 2009)

A Jersey bankruptcy note addressing the court’s discretion to assist a foreign court in bankruptcy proceedings.

  • Assistance to foreign court
  • Discretion of court
  • Bankruptcy
  • Assistance-to-foreign-court
  • Court-discretion
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Civil procedure [2007] JLR 479

Pell Frischmann v Bow Valley

Pell Frischmann v Bow Valley [2007] JLR 479 (26 July 2007)

The court held that costs need not follow the event and may be apportioned by issue, especially in commercial cases where “winner” and “loser” labels are unhelpful.

  • Costs
  • Discretion of court
  • Allocation of costs
  • Civil-procedure
  • Judicial-discretion
  • Commercial-litigation
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Civil procedure [2007] JRC 001

Britannia Building Society -v- Milborn

Britannia Building Society -v- Milborn [2007] JRC 001 (05 January 2007)

The Royal Court refused Britannia’s renewed application for leave to appeal a costs order, holding there was no realistic prospect of success and no Glazebrook ground for appeal.

  • Costs
  • Leave to appeal
  • Set-off
  • Discretion of court
  • Civil-procedure
  • Leave-to-appeal
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Civil procedure [2005] JRC 027B

McCann v Bateman and Ors

McCann v Bateman and Ors [2005] JRC 027B (10 March 2005)

The Royal Court granted a defendant leave to give evidence by video-link from Australia, finding that the interests of justice outweighed the procedural inconvenience.

  • Video-link evidence
  • Witness attendance
  • Discretion of court
  • Video-link-evidence
  • Witness-attendance
  • Civil-procedure
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Bankruptcy

In re Bomford v

In re Bomford v [2002] JLR_Note 34 (06 September 2002)

Jersey bankruptcy note on whether the court should use its discretion to assist a foreign court in insolvency proceedings.

  • Assistance to foreign court
  • Discretion of court
  • Bankruptcy
  • Private-international-law
  • Foreign-court-assistance
  • Judicial-discretion
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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.