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Jersey Case Law

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Contract law [2022] JRC 202

Hore and Anor v Valmorbida and Anor -

Hore and Anor v Valmorbida and Anor - [2022] JRC 202 (30 September 2022)

The Jersey Royal Court held that fraud vitiated consent to a Settlement Agreement in an art joint venture, setting it aside and awarding restitution and damages.

  • Fraudulent misrepresentation
  • Deceit
  • Breach of fiduciary duty
  • Vitiation of consent
  • Waiver and affirmation
  • Restitution
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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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Criminal law [2013] JRC 068

AG -v- Christmas

AG -v- Christmas [2013] JRC 068 (08 April 2013)

The Jersey Royal Court ordered Mr Christmas to pay ÂŁ100,000 compensation to Mrs Cotrel, split into two instalments, for loss caused by his offence.

  • Compensation order
  • Restitution
  • Fraud
  • Reckless misrepresentation
  • Compensation-order
  • Criminal-restoration
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Equity [2011] JRC 117

In the matter of R

In the matter of R [2011] JRC 117 (21 June 2011)

The Royal Court of Jersey held that transfers into a trust, and later onward transfers to new trusts, were voidable for mistake over serious UK and US tax consequences.

  • Mistake in voluntary dispositions
  • Setting aside trusts
  • Restitution
  • Jurisdiction and applicable law
  • Tax consequences of trusts
  • Trusts
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Criminal law [2011] JRC 017

AG -v- Hartley and Others

AG -v- Hartley and Others [2011] JRC 017 (21 January 2011)

The court made compensation orders after sentencing, allocating unpaid loss between three defendants and awarding reduced compensation for a ruined honeymoon claim.

  • Compensation order
  • Sentencing
  • Restitution
  • Compensation-order
  • Criminal-sentencing
  • Victim-compensation
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Financial regulation [2006] JRC 104

JFSC -v- Alternate Ins. Services and Ors 17-Jul-2006

JFSC -v- Alternate Ins. Services and Ors 17-Jul-2006 [2006] JRC 104 (17 July 2006)

The Royal Court of Jersey refused to strike out a regulatory restitution claim at an interlocutory stage and allowed the JFSC to amend its pleadings.

  • Powers of financial regulator
  • Misleading statements
  • Strike out applications
  • Restitution
  • Case management
  • Financial-regulation
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Criminal law [2002] JRC 229

AG v Appleby

AG v Appleby [2002] JRC 229 (05 December 2002)

Sentencing for prolonged fraud and breach of trust against a club. Despite substantial restitution and remorse, the court imposed 18 months' imprisonment.

  • Fraud
  • Breach of trust
  • Sentencing
  • Restitution
  • Breach-of-trust
  • Criminal-law
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Trusts [2002] JRC 60

Abacus v Grupo Torras

Abacus v Grupo Torras [2002] JRC 60 (12 March 2002)

The court held that profits earned after proceedings began on an asset transferred in fraud of creditors could be claimed, but not profits earned earlier.

  • Pauline action
  • Fraudulent conveyance
  • Interest on recovered assets
  • Costs allocation
  • Change of position defence
  • Pauline-action
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Trusts [2002] JRC 15A

Esteem Settlement reissued v

Esteem Settlement reissued v [2002] JRC 15A (17 January 2002)

Jersey court considered tracing, restitution, and Pauline Action claims over post-1988 transfers into offshore trusts tied to Sheikh Fahad’s fraud.

  • Tracing
  • Restitution
  • Fraudulent transfers
  • Constructive trust
  • Public policy
  • Lifting the veil
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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.