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Jersey Case Law

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Civil procedure [2023] JRC 053

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors [2023] JRC 053 (27 February 2023)

The Jersey Royal Court granted an unless order against the First Defendant for repeated non-compliance with discovery, with strike-out and judgment if he still defaulted.

  • Unless orders
  • Discovery
  • Striking out pleadings
  • Asset transfers
  • Enforcement of dubai judgment
  • Unless-orders
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Civil procedure [2021] JRC 113

Cohen and Kerr and Anor v Arbitrage Research and Trading Ltd SA and Ors 14 Apr 2021

Cohen and Kerr and Anor v Arbitrage Research and Trading Ltd SA and Ors 14 Apr 2021 [2021] JRC 113 (14 April 2021)

The Royal Court struck out pleadings about service on other defendants, holding they were not consequential amendments, the fourth defendant lacked standing, and the issue was irrelevant to the fraud claim.

  • Striking out pleadings
  • Service of process
  • Fraud
  • Abuse of process
  • Striking-out-pleadings
  • Service-of-process
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Civil procedure [2018] JCA 060

In the matter of II

In the matter of II [2018] JCA 060 (19 March 2018)

The Court of Appeal refused an indefinite extension of time to seek leave to appeal, holding that the plaintiffs had no proper explanation for delay and no articulated grounds of appeal.

  • Extension of time
  • Leave to appeal
  • Interlocutory judgments
  • Striking out pleadings
  • Extension-of-time
  • Leave-to-appeal
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Civil procedure [2017] JRC 098B

Booth -v- Zenith

Booth -v- Zenith [2017] JRC 098B (28 June 2017)

The court ordered disclosure of withheld documents, struck out parts of a witness statement that added unpleaded claims or argument, and awarded costs to the defendant.

  • Discovery
  • Privilege
  • Witness evidence
  • Reflective loss
  • Accounting
  • Striking out pleadings
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Civil procedure [2011] JRC 101

Leeds -v- Admatch

Leeds -v- Admatch [2011] JRC 101 (19 May 2011)

The Royal Court entered judgment after Admatch failed to comply with unless orders to file pleadings and pay costs, refusing a retrospective extension of time.

  • Unless orders
  • Striking out pleadings
  • Judgment for non-compliance
  • Extension of time
  • Costs
  • Unless-orders
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Civil procedure [2011] JRC 016A

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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Tort law [2008] JRC 176

DP v CP

DP v CP [2008] JRC 176 (13 October 2008)

The court dismissed an appeal against strike-out of a malicious prosecution claim, holding the claim was unsupported, unsustainable, and an abuse of process.

  • Malicious prosecution
  • Striking out pleadings
  • Abuse of process
  • Frivolous or vexatious proceedings
  • Malicious-prosecution
  • Strike-out
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Civil procedure [2005] JCA 056

MacKinnon v Regent Trust Company Limited

MacKinnon v Regent Trust Company Limited [2005] JCA 056 (25 April 2005)

The Court of Appeal refused an adjournment of an appeal after a failed attempt to settle a family trust dispute, and ordered the appeal to proceed as scheduled.

  • Adjournment
  • Striking out pleadings
  • Family trust dispute
  • Appeal-procedure
  • Striking-out-pleadings
  • Family-trust-dispute
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Trusts and estates [2005] JRC 055

MacKinnon v The Regent Trust Company Limited

MacKinnon v The Regent Trust Company Limited [2005] JRC 055 (25 April 2005)

The Royal Court approved a trust litigation agreement, excluded a clause thought to constrain evidence, accepted amendments to the pleadings, and reserved costs.

  • Sham trusts
  • Striking out pleadings
  • Trustee duties
  • Costs
  • Settlement approval
  • Trusts
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Company law [2004] JRC 142

Papadimitriou and Lane and Partners v Quorum Manag

Papadimitriou and Lane and Partners v Quorum Manag [2004] JRC 142 (13 August 2004)

The court refused to strike out claims by a beneficial owner and her solicitors over alleged breaches of duty linked to a suspicious transaction report and costs.

  • Striking out pleadings
  • Fiduciary duties
  • Company management
  • Money laundering compliance
  • Remoteness of damage
  • Res judicata
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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.