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Jersey Case Law

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Family-law [2019] JRC 159

C v D

C v D (Matrimonial) 19-Aug-2019 [2019] JRC 159 (19 August 2019)

The court upheld a matrimonial ancillary relief agreement, finding no material non-disclosure about the petitioner’s widow’s pension and approving the clean-break settlement.

  • Ancillary-relief
  • Consent-orders
  • Non-disclosure
  • Clean-break
  • Spousal-maintenance
  • Family-law
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Family-law [2008] JRC 031A

Q v R (20 February 2018)

The Royal Court refused to reduce spousal maintenance, found no material non-disclosure, and varied the review clause to allow review at age 65 or on material change.

  • Spousal-maintenance
  • Variation-of-consent-order
  • Clean-break
  • Financial-provision
  • Non-disclosure
  • Variation-of-orders
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Private-international-law [2017] JRC 176

Al Tamimi -v- Al Chamaa

Al Tamimi -v- Al Chamaa [2017] JRC 176 (25 October 2017)

The Jersey court granted an interim anti-suit injunction restraining the plaintiff from pursuing overlapping Dubai proceedings pending a further hearing.

  • Anti-suit-injunction
  • Jurisdiction
  • Enforcement-of-foreign-judgments
  • Non-disclosure
  • Abuse-of-process
  • Civil-procedure
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Trusts [2015] JRC 208

Representation of the Manor House Trust and the Russian Trust

Representation of the Manor House Trust and the Russian Trust [2015] JRC 208 (08 October 2015)

The Royal Court of Jersey upheld leave to serve trust proceedings out of the jurisdiction, holding Jersey was the clearly most appropriate forum and no material non-disclosure was shown.

  • Jurisdiction
  • Forum-conveniens
  • Removal-of-trustees
  • Proper-law-of-trusts
  • Service-out-of-jurisdiction
  • Sham-trusts
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Family-law [2015] JRC 119

In the matter of L

In the matter of L (Matrimonial) [2015] JRC 119 (02 June 2015)

The Royal Court set aside an earlier ancillary relief order for non-disclosure and made new provision for the wife and children, including capital, maintenance, and disclosure directions.

  • Ancillary-relief
  • Non-disclosure
  • Trust-asset-alienation
  • Maintenance
  • Property-adjustment
  • Pauline-action
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Civil-procedure [2015] JRC 092

Ogden -v- Voice Commerce Group Ltd

Ogden -v- Voice Commerce Group Ltd [2015] JRC 092 (05 May 2015)

The Jersey Royal Court awarded the defendant indemnity costs after finding serious non-disclosure and abuse of process in obtaining an ex parte injunction.

  • Costs
  • Non-disclosure
  • Ex-parte-injunction
  • Abuse-of-process
  • Indemnity-costs
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Tax-law [2015] 1 JLR 203

Temple v. Tax Comptroller

Temple v. Tax Comptroller [2015] 1 JLR 203 (09 December 2014)

The court dismissed a judicial review challenge over non-disclosure of tax-information material, holding the Comptroller had discretion to withhold notice and that the restriction was proportionate.

  • Exchange-of-tax-information
  • Disclosure-of-notice
  • Judicial-review
  • Proportionality-under-echr
  • Tax-information-exchange
  • Echr-proportionality
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Insurance-law [2015] 1 JLR 224

Haden-Taylor v. Canopius Underwriting Ltd.

Haden-Taylor v. Canopius Underwriting Ltd. [2015] 1 JLR 224 (12 November 2014)

The court considered whether an insured could arguably claim damages after an insurer failed to inform him about alternative accommodation under the policy.

  • Misrepresentation
  • Non-disclosure
  • Damages-for-late-payment
  • Alternative-accommodation
  • Insurance-law
  • Damages
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Criminal-law [2013] JCA 063

AG -v- H

AG -v- H [2013] JCA 063 (21 March 2013)

The Court of Appeal dismissed H’s conviction appeal for indecent assaults on three complainants and refused sentence relief, holding the counts were properly joined and the sentence was not excessive.

  • Indecent-assault
  • Joinder-and-severance
  • Cross-admissibility-of-evidence
  • Non-disclosure
  • Cross-examination-limits
  • Sentencing
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Insurance-law [2011] JLR 80

Sutton v Insurance Corp. C.I. Ltd.

Sutton v Insurance Corp. C.I. Ltd. [2011] JLR 80 (27 January 2011)

An insured’s failure to disclose questionable acquisition and valuation circumstances was treated as reticence dolosive, allowing the insurer to avoid the policy.

  • Misrepresentation
  • Non-disclosure
  • Avoidance-of-policy
  • Insurance-law
  • Policy-avoidance
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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.