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Jersey Case Law

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Civil procedure [2016] JRC 198A

Holmes -v- Lingard

Holmes -v- Lingard [2016] JRC 198A (31 October 2016)

The court refused a stay pending judicial review and declined a preliminary issue on settlement, ordering that all issues proceed to a single trial.

  • Stay of proceedings
  • Judicial review
  • Legal aid
  • Preliminary issues
  • Disclosure
  • Settlement agreements
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Contract law [2015] JCA 242

Home Farm Developments Limited and Others -v- Le Sueur

Home Farm Developments Limited and Others -v- Le Sueur [2015] JCA 242 (25 November 2015)

The Court of Appeal held that the Settlement Agreement barred the appellants’ claims, but allowed a limited amendment route based on possible rectification.

  • Strike-out applications
  • Settlement agreements
  • Summary judgment
  • Rectification
  • Consent in contract
  • Abuse of process
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Civil procedure [2015] JRC 226

Holmes -v- Lingard

Holmes -v- Lingard [2015] JRC 226 (11 November 2015)

The Royal Court held that the parties had settled and struck out Mr Holmes’ claim as withdrawn and discontinued, rejecting his argument that a £100,000 deal was a condition.

  • Settlement agreements
  • Strike out applications
  • Abuse of process
  • Erreur (mistake)
  • Withdrawal of proceedings
  • Settlement-agreements
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Civil procedure [2015] JRC 110

Home Farm Developments Ltd and Ors -v- Le Sueur

Home Farm Developments Ltd and Ors -v- Le Sueur [2015] JRC 110 (21 May 2015)

The Royal Court dismissed an appeal against strike out, holding that the appellants’ claims were already compromised by a 31 May 2012 settlement and could not be relitigated.

  • Strike out applications
  • Settlement agreements
  • Abuse of process
  • Breach of duty
  • Corporate veil
  • Strike-out-applications
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Contract law [2014] JRC 079

Home Farm Developments Ltd, Strata Developments Ltd and Holmes -v- Le Sueur

Home Farm Developments Ltd, Strata Developments Ltd and Holmes -v- Le Sueur [2014] JRC 079 (26 March 2014)

The Royal Court of Jersey struck out claims by Home Farm Developments, Strata Development and Shane Holmes, holding they were barred by a binding settlement and were an abuse of process.

  • Settlement agreements
  • Strike out applications
  • Abuse of process
  • Shareholder disputes
  • Fiduciary duties
  • Strike-out-applications
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Contract law [2010] JRC 083A

Incat v Luba

Incat v Luba [2010] JRC 083A (30 April 2010)

The Royal Court refused to discontinue proceedings, finding no binding settlement agreement had been concluded from the parties’ email exchanges.

  • Settlement agreements
  • Discontinuance of proceedings
  • Formation of contract
  • Erreur (mistake)
  • Settlement-agreements
  • Discontinuance-of-proceedings
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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.