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Jersey Case Law

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Employment law [2019] JRC 164

Sumera v Atlantique Seafood trading as Soy Sushi Restaurant 22-Aug-2019

Sumera v Atlantique Seafood trading as Soy Sushi Restaurant 22-Aug-2019 [2019] JRC 164 (22 August 2019)

Leave to appeal was refused in an employment dispute over unpaid time off in lieu and wages. The court found no error of law in the tribunal’s factual findings.

  • Time off in lieu
  • Unpaid wages
  • Implied terms
  • Termination of employment
  • Time-off-in-lieu
  • Unpaid-wages
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Contract law [2019] JRC 054

Smith and Bracken-Smith v Jersey Oak Limited 01-04-2019

Smith and Bracken-Smith v Jersey Oak Limited 01-04-2019 [2019] JRC 054 (01 April 2019)

The Jersey Royal Court rejected claims that a commercial lease was void for misrepresentation or dol, and declined to cancel it despite some unauthorised works.

  • Lease cancellation
  • Misrepresentation
  • Breach of lease
  • Implied terms
  • Planning law compliance
  • Lease-cancellation
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Commercial law [2018] JRC 204

Solutus Advisors Ltd & Anor v Aurium Real Estate London Ultra Prima Ltd

Solutus Advisors Ltd & Anor v Aurium Real Estate London Ultra Prima Ltd [2018] JRC 204 (07 November 2018)

The Royal Court refused summary judgment over a disputed invoice, finding factual and legal issues needed a trial. It made conditional orders for security for costs and joinder of BRHL.

  • Summary judgment
  • Security interest
  • Implied terms
  • Breach of contract
  • Conflict of interest
  • Security for costs
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Landlord and tenant [2017] JCA 183

Hong Kong Foods Ltd -v- Robin Hood

Hong Kong Foods Ltd -v- Robin Hood [2017] JCA 183 (03 November 2017)

The Court of Appeal dismissed Mr Gibbons’ personal appeal and stayed the company appeal unless Hong Kong Foods is restored to the register.

  • Implied terms
  • Breach of lease
  • Assignment of lease
  • Termination of lease
  • Misrepresentation
  • Landlord-and-tenant
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Civil procedure [2016] JRC 157

Hard Rock Ltd and Another -v- HRCKY Limited

Hard Rock Ltd and Another -v- HRCKY Limited [2016] JRC 157 (09 September 2016)

The Royal Court granted specific discovery in part in a franchise dispute, ordering production of targeted financial, correspondence, and evaluation records but refusing broader requests.

  • Discovery
  • Franchise agreements
  • Implied terms
  • Misrepresentation
  • Specific-discovery
  • Franchise-agreements
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Contract law [2016] JRC 129

Hard Rock Ltd and Another -v- HRCKY Ltd

Hard Rock Ltd and Another -v- HRCKY Ltd [2016] JRC 129 (27 July 2016)

The Royal Court refused the defendant’s application to call a franchise expert, holding the issues of implied good faith, breach, and misrepresentation were within the court’s competence.

  • Franchise agreements
  • Implied terms
  • Good faith
  • Expert evidence
  • Misrepresentation
  • Expert-evidence
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Contract law [2015] JRC 117

Hard Rock Ltd and Hard Rock Cafe International -v- HRCKY Ltd

Hard Rock Ltd and Hard Rock Cafe International -v- HRCKY Ltd [2015] JRC 117 (28 May 2015)

The Jersey Royal Court partly allowed a defendant’s application to amend pleadings in a franchise dispute, permitting some good-faith, dol, and assignment claims but refusing others.

  • Implied terms
  • Franchise agreements
  • Misrepresentation
  • Assignment of claims
  • Exclusion clauses
  • Good faith
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Contract

Hard Rock Ltd. v. HRCKY Ltd.

Hard Rock Ltd. v. HRCKY Ltd. [2015] 2 JLR_Note 1 (28 May 2015)

A Jersey Law Reports note clarifying the principles governing when terms may be implied into contracts under Jersey common law.

  • Implied terms
  • Contract-law
  • Implied-terms
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Contract law [2013] JRC 244B

Hard Rock Ltd and Hard Rock Cafe International (STP) Inc -v- HRCKY Ltd

Hard Rock Ltd and Hard Rock Cafe International (STP) Inc -v- HRCKY Ltd [2013] JRC 244B (19 December 2013)

The Jersey Royal Court granted partial summary judgment for unpaid franchise fees, held the franchise was lawfully terminated, and struck out parts of the defence.

  • Franchise agreements
  • Summary judgment
  • Termination of contract
  • Implied terms
  • Good faith
  • Counterclaim
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Civil procedure [2008] JRC 160

Incat -v- Luba

Incat -v- Luba [2008] JRC 160 (23 September 2008)

On a post-judgment costs application, the court ordered Luba’s costs on two issues and made no order on the implied-terms issue.

  • Costs
  • Implied terms
  • Contract interpretation
  • Implied-terms
  • Contract-interpretation
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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.