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Jersey Case Law

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Trusts [2013] JCA 071

Brazil v Durant

Brazil v Durant [2013] JCA 071 (11 April 2013)

The Jersey Court of Appeal dismissed an appeal over fraud proceeds traced through bank accounts, upheld constructive trustee liability, and affirmed compound interest.

  • Constructive trusts
  • Knowing receipt
  • Unjust enrichment
  • Proprietary claims
  • Tracing
  • Compound interest
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Private international law [2010] JRC 162

Fed Rep of Brazil -v- Durant & Ors

Fed Rep of Brazil -v- Durant & Ors [2010] JRC 162 (06 September 2010)

The Royal Court refused a forum non conveniens stay and upheld service out, holding Jersey was the appropriate forum for claims over alleged fraud proceeds traced through Jersey.

  • Forum non conveniens
  • Service out of jurisdiction
  • Knowing receipt
  • Unjust enrichment
  • Mareva injunction
  • Money laundering
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Trusts law [2010] JLR 355

Bagus Invs. v Kastening

Bagus Invs. v Kastening [2010] JLR 355 (05 August 2010)

The court considered whether article 57(1) of the Trusts (Jersey) Law 1984 bars a knowing receipt claim and held it does not apply to such defendants.

  • Constructive trusts
  • Knowing receipt
  • Limitation periods
  • Trusts-law
  • Constructive-trusts
  • Knowing-receipt
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Trusts [2010] JRC 144

Bagus Inv Ltd -v- Kastening

Bagus Inv Ltd -v- Kastening [2010] JRC 144 (05 August 2010)

The Jersey Royal Court refused leave to re-amend a pleading to add knowing receipt, holding the proposed claim faced an arguable prescription defence.

  • Knowing receipt
  • Limitation/prescription
  • Constructive trusts
  • Amendment of pleadings
  • Knowing-receipt
  • Prescription
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Trusts [2006] JRC 004A

United Capital Corp Ltd -v- Bender & Ors 16-Jan-2006

United Capital Corp Ltd -v- Bender & Ors 16-Jan-2006 [2006] JRC 004A (16 January 2006)

The court upheld service on Mr Bender, refused to set aside service out, and held Jersey was the proper forum for a trust and tracing dispute.

  • Service out of jurisdiction
  • Constructive trusts
  • Dishonest assistance
  • Knowing receipt
  • Forum non conveniens
  • Proprietary claims
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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.