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Jersey Case Law

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Civil procedure [2020] JRC 172A

Banks v Sanne

Banks v Sanne [2020] JRC 172A (28 August 2020)

The Jersey Royal Court refused leave to amend a damages pleading said to widen a loss-of-chance case to the 2015 IPO, and adjourned discovery issues.

  • Amendment of pleadings
  • Discovery
  • Loss of chance
  • Damages
  • Fiduciary duty
  • Contract
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Company law [2019] JRC 222A

Banks v Sanne Holdings Limited and Anor

Banks v Sanne Holdings Limited and Anor [2019] JRC 222A (10 December 2019)

Summary judgment was granted on a narrow basis: SHL’s 2010 accounts misaccounted for the Ivegill preference shares and breached Articles 103 and 105. Article 109 was refused.

  • Accounting records
  • Financial statements
  • Fiduciary duty
  • Breach of contract
  • Summary judgment
  • Costs
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Trust law

Brakspear v Nedgroup Trust (Jersey) Limited

The Court of Appeal refused leave to appeal against a strike-out order, holding the claims were prescribed or barred by issue estoppel and abuse of process.

  • Leave to appeal
  • Strike out
  • Prescription
  • Issue estoppel
  • Res judicata
  • Abuse of process
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Trusts and estates [2019] JCA 150

Brakspear v Nedbank Trust (Jersey) Limited

Brakspear v Nedbank Trust (Jersey) Limited [2019] JCA 150 (30 July 2019)

Leave to appeal was refused in a trust dispute over the Westley Trust, with the Court of Appeal upholding strike-out on prescription and issue estoppel grounds.

  • Breach of trust
  • Fiduciary duty
  • Conspiracy to injure
  • Prescription (limitation)
  • Res judicata
  • Issue estoppel
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Civil procedure [2017] JRC 150

Holmes -v- Lingard and Others

Holmes -v- Lingard and Others [2017] JRC 150 (18 September 2017)

The Royal Court refused to order a payment on account of costs pending appeal, finding the wider costs position unresolved and premature to determine.

  • Payment on account of costs
  • Summary judgment
  • Appeal
  • Unjust enrichment
  • Fiduciary duty
  • Payment-on-account-of-costs
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Trusts [2016] JRC 149

CMC -v- Forster RBC and Regent

CMC -v- Forster RBC and Regent [2016] JRC 149 (26 August 2016)

The Jersey Royal Court refused a preliminary issue on limitation in a secret-commission fraud case, holding the knowledge question needed full trial evidence.

  • Limitation periods
  • Dishonest assistance
  • Fiduciary duty
  • Constructive trusteeship
  • EmpĂŞchement
  • Preliminary issues
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Trusts law [2016] 1 JLR 132

In re Z Trust

In re Z Trust [2016] 1 JLR 132 (22 February 2016)

The court held that a trustee appointment may be invalid or voidable where the appointor breaches fiduciary duty, acts irrationally, or fails to consider relevant consequences.

  • Appointment of trustees
  • Fiduciary duty
  • Validity of trustee appointment
  • Mistake in exercise of power
  • Failure to consider consequences
  • Trusts-law
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Trusts

Crociani v. Crociani

Crociani v. Crociani [2015] 2 JLR_Note 5 (01 September 2015)

A Jersey Law Reports note on the fiduciary nature of trustees’ powers and duties, clarifying that trustees owe fiduciary duties when exercising those powers.

  • Powers and duties of trustees
  • Fiduciary duty
  • Trusts
  • Fiduciary-duty
  • Trustee-powers
  • Trustee-duties
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Trust law [2013] 2 JLR 444

In re Rex Trust v

In re Rex Trust v [2013] 2 JLR 444 (31 October 2013)

The court held that bribes received by a fiduciary are held on constructive trust for the person owed the duty, and ordered the funds held for Mozambique.

  • Constructive trusts
  • Fiduciary duty
  • Bribery
  • Constructive-trusts
  • Fiduciary-duty
  • Trust-law
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Trust law [2013] JRC 211

Lloyds Trust Co (CI) Ltd -v- Fragoso, Hoy, Government of Mozambique and HM Attorney General

Lloyds Trust Co (CI) Ltd -v- Fragoso, Hoy, Government of Mozambique and HM Attorney General [2013] JRC 211 (31 October 2013)

The Jersey Royal Court held that trust assets funded by bribes paid to a Mozambican public officer were held on constructive trust for Mozambique.

  • Constructive trusts
  • Proceeds of crime
  • Bribery
  • Fiduciary duty
  • Tracing
  • Beneficial entitlement
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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.