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Jersey Case Law

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Employment law

Kevin Turner v Drain It Limited

Leave to appeal was refused because the proposed grounds did not disclose a question of law. The stay application was dismissed, and the surviving wrongful dismissal or notice pay claim will proceed.

  • Leave to appeal
  • Limitation periods
  • Retrospectivity
  • Accrued rights and defences
  • Stay of proceedings
  • Wrongful dismissal or notice pay
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Trusts and estates [2022] JRC 210

Cook v Clapham and Ors

Cook v Clapham and Ors [2022] JRC 210 (10 October 2022)

Appeal dismissed in a family trusts dispute over whether a 1983 appointment included disputed artworks and chattels; summary judgment was upheld and leave to amend refused.

  • Summary judgment
  • Leave to amend pleadings
  • Construction of trust deeds
  • Fraud allegations
  • Limitation periods
  • Summary-judgment
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Contract law [2018] JRC 148

Doran v Dataquill Limited

Doran v Dataquill Limited [2018] JRC 148 (20 August 2018)

The Royal Court refused a strike-out application, but ordered the plaintiff to amend his pleading to set out the material facts and any quantum meruit alternative.

  • Pleading requirements
  • Quantum meruit
  • Strike out applications
  • Limitation periods
  • Estoppel
  • Unjust enrichment
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Company law [2018] JCA 018

Trigwell -v- Clapp

Trigwell -v- Clapp [2018] JCA 018 (23 January 2018)

The Court of Appeal dismissed an appeal over Astral Enterprises’ beneficial ownership, holding that Mr Harrod was never the company’s beneficial owner.

  • Beneficial ownership
  • Share transfers
  • Declarations of trust
  • Company restoration
  • Limitation periods
  • Beneficial-ownership
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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 [2016] JRC 051

Voisin Executors Ltd -v- Kelleher

Voisin Executors Ltd -v- Kelleher [2016] JRC 051 (29 February 2016)

The Royal Court allowed the defendant to re-amend his answer to clarify his case, and adjourned the plaintiff’s re-amendment application pending that clarification.

  • Amendment of pleadings
  • Limitation periods
  • Breach of fiduciary duty
  • Management of trust assets
  • Liquidation of companies
  • Amendment-of-pleadings
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Trusts [2015] JRC 177

Crociani -v- Crociani

Crociani -v- Crociani [2015] JRC 177 (27 August 2015)

The court allowed a re-amendment of the pleadings, refused most requests for particulars as evidential, and permitted a mistake-based counterclaim to be pleaded.

  • Amendment of pleadings
  • Further and better particulars
  • Limitation periods
  • Counterclaims
  • Breach of trust
  • Mistake in trust formation
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Competition law [2014] JRC 217

Classic Herd Ltd -v- Jersey Milk Marketing Board

Classic Herd Ltd -v- Jersey Milk Marketing Board [2014] JRC 217 (11 November 2014)

The Jersey Royal Court held that Classic Herd’s claims were prescribed as breach of statutory duty claims, dismissed the appeal, allowed the cross-appeal, and struck out the order of justice.

  • Limitation periods
  • Breach of statutory duty
  • Contract vs statutory regime
  • Quasi contract
  • Declaratory relief
  • Limitation-periods
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Public law [2011] JCA 189

In the matter of C

In the matter of C [2011] JCA 189 (29 September 2011)

The Court of Appeal refused Mrs L leave to pursue judicial review over the alleged unlawful detention of her children, holding that an Order of Justice was the proper route and that the claim was out of time.

  • Judicial review
  • Unlawful detention
  • Care orders
  • Article 8 echr
  • Alternative remedies
  • Limitation periods
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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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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.