Jersey Case Law

Monteagle International Limited and Anor v Grocery Market Research Limited and Ors

Monteagle International Limited and Anor v Grocery Market Research Limited and Ors [2023] JRC 037 (08 March 2023)

The Jersey Royal Court ordered interim payments on account of costs after two earlier judgments, fixing conservative 50% amounts for the main applications, the costs appeal, and foreign-law disbursements.

• Interim payment of costs
• Factor b uplift
• Foreign lawyer disbursements
• Set-off in costs orders
• Interim-payment-of-costs
• Payment-on-account

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Carey v Wellum and Wellum

Carey v Wellum and Wellum [2021] JRC 211 (16 August 2021)

Appeal from the Petty Debts Court over refurbishment works was dismissed. The Royal Court upheld findings on apparent bias, defective work, disallowed extras, and set-off.

• Building contracts
• Supply of goods and services
• Appeals against findings of fact
• Apparent bias
• Set off and counterclaim
• Appeals-against-findings-of-fact

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Kinsteller LLC v Eagle Properties (No. 14) Limited -

Kinsteller LLC v Eagle Properties (No. 14) Limited - [2020] JRC 138 (09 July 2020)

The Royal Court of Jersey refused security for costs, finding no sufficient evidence of real enforcement obstacles in Ukraine and treating the respondent’s set-off position as insufficient.

• Security for costs
• Enforcement of foreign judgments
• Reciprocity
• Corporate plaintiffs
• Stifling of claims
• Security-for-costs

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Kinstellar LLC v Eagle Properties (No 14) Limited

Kinstellar LLC v Eagle Properties (No 14) Limited [2020] JRC 117 (18 June 2020)

The Jersey Royal Court allowed third-party service out, ordered payment into court of the costs award, refused security for enforcement costs, and declined a stay.

• Enforcement of arbitral awards
• Set-off and counterclaim
• Assignment of claims
• Third party procedure
• Payment into court
• Jurisdiction for service out

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Dubai Islamic Bank v Ridley and Cititrust (Jersey) Limited

Dubai Islamic Bank v Ridley and Cititrust (Jersey) Limited [2018] JRC 181 (28 September 2018)

Costs decision following withdrawal of proceedings. The court made no order as to costs up to 5 December 2017, then awarded the defendant standard costs after that date.

• Costs
• Withdrawal of proceedings
• Indemnity costs
• Set-off of costs
• Civil-procedure
• Withdrawal-of-proceedings

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ROK Construction Limited v HJL Property Holdings Limited

The Royal Court made no order as to costs on a summons to strike out or summarily dismiss a counterclaim, after the defendant conceded it should be dealt with separately.

• Costs
• Strike out
• Summary judgment
• Counterclaim
• Negligence
• Set-off

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Leeds -v- Admatch

Leeds -v- Admatch [2011] JRC 159 (15 August 2011)

The court ordered Admatch to provide up-to-date financial disclosure to help the second plaintiff enforce its £190,400 judgment.

• Post-judgment discovery
• Disclosure orders
• Set-off
• Breach of contract
• Post-judgment-discovery
• Judgment-enforcement

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Allscot -v- AC Mauger

Allscot -v- AC Mauger [2011] JRC 048 (03 March 2011)

The Jersey Royal Court allowed an appeal and granted summary judgment for a subcontractor, finding no triable defence to the payment claim.

• Summary judgment
• Set-off
• Counterclaim
• Breach of contract
• Sub-contractor liability
• Summary-judgment

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Leeds v Admatch

Leeds v Admatch [2011] JRC 016A (19 January 2011)

The Royal Court refused to strike out a defence immediately for abuse of process, but made unless orders requiring payment of costs and overdue filings by a set date.

• Striking out pleadings
• Abuse of process
• Costs orders
• Unless orders
• Discovery
• Set-off

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Leeds Utd -v- Admatch

Leeds Utd -v- Admatch [2009] JRC 023 (13 February 2009)

The court accepted there was an arguable proprietary claim to disputed monies, but refused Norwich Pharmacal disclosure of bank statements because the request was too late and risked derailing trial preparation.

• Norwich pharmacal relief
• Proprietary claims
• Set-off
• Interlocutory disclosure
• Breach of trust
• Norwich-pharmacal-relief

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