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Jersey Case Law

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Contract law [2022] JRC 285

Makariou v Carlingford Limited

Makariou v Carlingford Limited [2022] JRC 285 (13 December 2022)

The Jersey Royal Court awarded the plaintiff indemnity costs after settlement, holding the contractual indemnity covered the guarantee-related claim.

  • Contractual indemnity
  • Costs awards
  • Guarantee enforcement
  • Contractual-indemnity
  • Costs-awards
  • Guarantee
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Contract law [2022] JRC 115

Acorn Finance Limited v ECI Limited and Caffrey

Acorn Finance Limited v ECI Limited and Caffrey [2022] JRC 115 (24 May 2022)

Summary judgment was granted for repayment of £200,000 under a Jersey-governed loan. The defendants’ defences of illegality, frustration, and guarantee issues failed.

  • Loan agreement
  • Guarantee
  • Summary judgment
  • Illegality
  • Frustration
  • Force majeure
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Banking [1994] JCA 111

Hambros Bank (Jersey) Limited v Eves and Eves

Hambros Bank (Jersey) Limited v Eves and Eves [1994] JCA 111 (02 June 1994)

The Jersey Court of Appeal held the respondents liable under a bank guarantee and allowed the appeal, finding the guarantee valid and enforceable.

  • Guarantee
  • Liability
  • Bank-guarantee
  • Contract-law
  • Appeals
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Contract [1980] JRC 002

New Guarantee Trust of Jersey Ltd v Brain

New Guarantee Trust of Jersey Ltd v Brain [1980] JRC 002 (01 January 1980)

The Jersey court held that a guarantee signed by the respondent was enforceable under Jersey law and ordered payment to the applicant.

  • Guarantee
  • Trust law
  • Contract-law
  • Jersey-law
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Contract law [1969] JJ 1247

Dormy Hotels Ltd. v Stewart

Dormy Hotels Ltd. v Stewart [1969] JJ 1247 (01 December 1969)

The court held that novation could transfer the benefit of an indemnity to a substituted purchaser, even if the indemnity was in a separate document and no separate assignment was made.

  • Guarantee
  • Indemnity
  • Novation
  • Assignment of contract
  • Contract-law
  • Assignment-of-contract
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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.