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Jersey Case Law

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Insolvency [2019] JRC 221

Kidd and Ors v All Services Group Holdings Limited and Ors 05-Nov-2019

Kidd and Ors v All Services Group Holdings Limited and Ors 05-Nov-2019 [2019] JRC 221 (05 November 2019)

The Jersey Royal Court appointed additional liquidators to investigate a claim against CarVal over alleged undervaluation of collateral, and stayed dividend proceedings.

  • Appointment/removal of liquidators
  • Valuation of collateral
  • Conflict of interest
  • Locus standi
  • Distribution of assets
  • Liquidators
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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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Civil procedure [2014] JRC 121

In the matter of HG

In the matter of HG [2014] JRC 121 (02 June 2014)

The Royal Court of Jersey refused to sign an Order of Justice seeking to stop publication of the Steel Report, holding that the applicant lacked capacity and jurisdiction was absent.

  • Locus standi
  • Rights of audience
  • Service out of jurisdiction
  • Access to justice
  • Vexatious proceedings
  • Locus-standi
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Civil procedure [2012] JCA 151

Republic of Brazil v Durant

Republic of Brazil v Durant [2012] JCA 151 (22 August 2012)

The Court of Appeal refused leave to appeal against dismissal of a late application to re-amend pleadings and refused permission to adduce further evidence.

  • Amendment of pleadings
  • Leave to appeal
  • Limitation defence
  • Locus standi
  • Amendment-of-pleadings
  • Leave-to-appeal
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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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Private international law [2009] JRC 034

Elder -v- Stock

Elder -v- Stock [2009] JRC 034 (25 February 2009)

The Royal Court of Jersey enforced a Lichtenstein Judicial Settlement for £41,288.73, holding it was a foreign judgment and dismissing the defendant’s counterclaims.

  • Recognition of foreign judicial settlements
  • Locus standi
  • Counterclaims in enforcement proceedings
  • Enforcement-of-foreign-judgments
  • Private-international-law
  • Recognition-of-foreign-judicial-settlements
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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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Mental health law [2008] JLR 69

Picot v Att. Gen.

Picot v Att. Gen. [2008] JLR 69 (12 March 2008)

In curatorship proceedings, a witness summoned under article 43(6) could be appointed curator, but had no standing to appeal if not appointed.

  • Curatorship
  • Appointment of curator
  • Locus standi
  • Appeal rights
  • Mental-health-law
  • Locus-standi
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Criminal law [2008] JRC 024

O'Donnell -v- Ricketts

O'Donnell -v- Ricketts [2008] JRC 024 (18 February 2008)

The Royal Court of Jersey held that a second motoring offence within 10 years required a 3-year driving disqualification, and that the applicant had standing to seek a case stated.

  • Driving under influence
  • Disqualification period
  • Appeal by case stated
  • Locus standi
  • Appeal-by-case-stated
  • Driving-disqualification
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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.