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Jersey Case Law

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Civil procedure [2020] JCA 017

Siciles C de Bourbon des Deux v BNP Paribas Jersey Trust

Siciles C de Bourbon des Deux v BNP Paribas Jersey Trust [2020] JCA 017 (29 January 2020)

The Court of Appeal upheld findings of contempt against Camilla De Bourbon des Deux Siciles for failing to comply with a disclosure order and costs orders.

  • Contempt of court
  • Disclosure orders
  • Costs orders
  • Standard of proof
  • Procedural fairness
  • Contempt-of-court
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Criminal law [2018] JRC 014

Queree -v- AG

Queree -v- AG [2018] JRC 014 (18 January 2018)

The Court of Appeal allowed an appeal against an indecent assault conviction, holding the evidence did not prove clear withdrawal of consent or indecency.

  • Indecent assault
  • Consent in sexual offences
  • Evidentiary admissibility
  • Judicial recusal
  • Standard of proof
  • Mens rea
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Criminal law [2014] JCA 080

Warren -v- AG

Warren -v- AG [2014] JCA 080 (27 March 2014)

The Court of Appeal of Jersey refused leave to appeal against a ÂŁ198 million confiscation order made against Curtis Francis Warren for drug trafficking benefits.

  • Confiscation orders
  • Drug trafficking
  • Burden of proof
  • Discretion in confiscation
  • Standard of proof
  • Proceeds of crime
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Professional discipline [2009] JRC 174

In the matter of MM

In the matter of MM [2009] JRC 174 (01 September 2009)

The Royal Court held it could rehear a disciplinary appeal under the Law Society of Jersey Law 2005, confirmed the civil standard of proof, and gave procedural guidance.

  • Disciplinary procedure
  • Standard of proof
  • Appeal rights
  • Natural justice
  • Professional-discipline
  • Disciplinary-procedure
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Criminal law [2007] JRC 054

AG v O'Connor and Ors

AG v O'Connor and Ors [2007] JRC 054 (28 February 2007)

The court granted confiscation orders after a drug-trafficking conviction, applying the civil standard of proof and rejecting objections by O'Connor and Smitton.

  • Drug trafficking
  • Confiscation orders
  • Standard of proof
  • Benefit assessment
  • Drug-trafficking
  • Confiscation-orders
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Criminal law [2003] JRC 212A

AG v O'Driscoll

AG v O'Driscoll [2003] JRC 212A (20 November 2003)

The court considered the standard of proof for fitness to plead under Jersey law, but declined to decide it definitively because both psychiatrists agreed the defendant was fit.

  • Fitness to plead
  • Insanity
  • Burden of proof
  • Standard of proof
  • Fitness-to-plead
  • Burden-of-proof
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Criminal law [2002] JRC 109

re Peacock Roberts and Lakeman v

re Peacock Roberts and Lakeman v [2002] JRC 109 (29 May 2002)

The Royal Court of Jersey refused an adjournment, ordered forfeiture of ÂŁ6,480 as drug-trafficking proceeds, and released ÂŁ3,000 to Martin Roberts.

  • Forfeiture of proceeds
  • Drug trafficking
  • Burden of proof
  • Standard of proof
  • Adjournment applications
  • Forfeiture-of-proceeds
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Civil procedure

Kuwait Oil Tanker Co. S.A.K. v Mohsin

Kuwait Oil Tanker Co. S.A.K. v Mohsin [2001] JLR_Note 40 (08 August 2001)

A Jersey civil procedure note on the standard of proof for interim payment of damages in Kuwait Oil Tanker Co. S.A.K. v Mohsin.

  • Interim payment of damages
  • Standard of proof
  • Civil-procedure
  • Interim-payment-of-damages
  • Standard-of-proof
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Criminal procedure [1997] JLR 253

Snooks v Att. Gen.

Snooks v Att. Gen. [1997] JLR 253 (26 September 1997)

The court held that summing-up to Jurats in criminal trials need not match jury directions in full, so long as law, burden, standard of proof, and fairness on facts are covered.

  • Judge's summing-up
  • Directions to jurats
  • Burden of proof
  • Standard of proof
  • Criminal-procedure
  • Jury-directions
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Civil procedure [1994] JLR 60

Wright v Rockway Ltd.

Wright v Rockway Ltd. [1994] JLR 60 (04 February 1994)

In an application for leave to serve out of jurisdiction, the applicant must show a good arguable case on the merits, more than a mere prima facie case.

  • Service out of jurisdiction
  • Standard of proof
  • Civil-procedure
  • Service-out-of-jurisdiction
  • Standard-of-proof
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