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Tort [2022] JRC 271

Neville v Bray and Ors

Neville v Bray and Ors [2022] JRC 271 (07 December 2022)

The Royal Court held the misfeasance claims were not time-barred, kept the individual defendants in the case under representative conduct, and struck out claims against the Attorney General and a deceased defendant.

  • Misfeasance in public office
  • Vicarious liability
  • Limitation period
  • Fair trial rights
  • Strike out applications
  • Misfeasance-in-public-office
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Medical negligence [2021] JRC 264

Pickersgill v Young

Pickersgill v Young [2021] JRC 264 (15 October 2021)

The court refused a strike out and prescription application in a medical negligence claim, holding that contractual claims were not time-barred and tort claims were extended by valid agreement.

  • Limitation period
  • Prescription
  • EmpĂŞchement de fait
  • Abuse of process
  • Strike out application
  • Survival of actions against estates
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Tort [2019] JRC 051

Verga v Nedbank Private Wealth Ltd and Ors

Verga v Nedbank Private Wealth Ltd and Ors [2019] JRC 051 (28 March 2019)

The Royal Court struck out a plaintiff’s tort claim as time-barred and, alternatively, because the pleaded allegations were protected by absolute privilege and statutory immunity.

  • Limitation period
  • Absolute privilege
  • Immunity
  • Negligent misstatement
  • Malicious prosecution
  • Duty of care
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Civil procedure [2015] JRC 058A

Hughes -v- Minister for Economic Development

Hughes -v- Minister for Economic Development [2015] JRC 058A (20 March 2015)

Leave to appeal was refused in a harbour-fees dispute over a vessel sold by auction. The court held the claim was prescribed and no empĂŞchement de fait applied.

  • Leave to appeal
  • Locus standi
  • Limitation period
  • EmpĂŞchement de fait
  • Breach of statutory duty
  • Ownership of property
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Agriculture [2014] 2 JLR 487

Classic Herd v. Milk Mktg. Bd.

Classic Herd v. Milk Mktg. Bd. [2014] 2 JLR 487 (11 November 2014)

The court treated the producer’s claim against the Milk Marketing Board as a tort claim for breach of statutory duty, not a contract claim, and applied a 3-year limitation period.

  • Breach of statutory duty
  • Limitation period
  • Milk marketing schemes
  • Breach-of-statutory-duty
  • Limitation-period
  • Competition-law
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Competition law [2014] JRC 127

Classic Herd Limited -v- Jersey Milk Marketing Board

Classic Herd Limited -v- Jersey Milk Marketing Board [2014] JRC 127 (10 June 2014)

Strike out application over milk marketing and competition claims. The court held two heads of claim were time-barred tort claims, but one payment claim was contractual and could proceed.

  • Limitation period
  • Breach of statutory duty
  • Breach of contract
  • Abuse of process
  • Competition law remedies
  • Public/private law distinction
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Civil procedure [2014] JRC 042

Viera -v- Kordas

Viera -v- Kordas [2014] JRC 042 (19 February 2014)

The Royal Court dismissed an appeal against striking out a personal injury claim for inordinate and inexcusable delay causing prejudice and preventing a fair trial.

  • Strike out applications
  • Delay in proceedings
  • Abuse of process
  • Road traffic accident
  • Limitation period
  • Case management
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Civil procedure [2013] JRC 251

Viera -v- Kordas and The Motor Insurers' Bureau

Viera -v- Kordas and The Motor Insurers' Bureau [2013] JRC 251 (11 December 2013)

The Royal Court struck out a road traffic claim for inordinate, inexcusable delay, holding the action was an abuse of process and that a fair trial was no longer possible.

  • Strike out for want of prosecution
  • Abuse of process
  • Road traffic accident
  • Limitation period
  • Delay in litigation
  • Abuse-of-process
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Civil procedure [2012] JRC 129A

Republic of Brazil -v- Durant

Republic of Brazil -v- Durant [2012] JRC 129A (04 July 2012)

The Royal Court of Jersey refused leave to re-amend the defendants’ Answer to plead lack of locus standi and prescription shortly before trial.

  • Amendment of pleadings
  • Limitation period
  • Locus standi
  • Tracing
  • EmpĂŞchment de fait
  • Amendment-of-pleadings
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Trust law [2009] JRC 003

Freeman -v- Ansbacher

Freeman -v- Ansbacher [2009] JRC 003 (09 January 2009)

The Royal Court held that Rosanna Freeman could pursue breach of trust claims and amend to plead gross negligence, but the other two plaintiffs were time-barred.

  • Locus standi
  • Limitation period
  • Breach of trust
  • Reflective loss
  • Exculpation clause
  • Gross negligence
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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.