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Jersey Case Law

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Civil procedure [2022] JRC 122

Pender v GGH (Jersey) Limited and Ors

Pender v GGH (Jersey) Limited and Ors [2022] JRC 122 (07 June 2022)

The court held that the plaintiff could rely on a disclosed Fox Williams email, found no obvious mistake barring use, and addressed whether fairness required further discovery.

  • Legal professional privilege
  • Waiver of privilege
  • Discovery of documents
  • Fair trial
  • Independence of directors
  • Legal-professional-privilege
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Civil procedure

Deripaska v Chernukhin and Navigator Equities Limited

The Court of Appeal refused permission to appeal to the JCPC in this interlocutory privilege dispute, holding that no point of general public importance arose.

  • Legal professional privilege
  • Waiver of privilege
  • Confidentiality
  • Interlocutory appeal
  • Permission to appeal
  • Judicial committee of the privy council
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Civil procedure [2021] JCA 206

Deripaska v Chernukhin and Navigator Equities Limited

Deripaska v Chernukhin and Navigator Equities Limited [2021] JCA 206 (31 August 2021)

The Court of Appeal held that privilege was not irretrievably waived by affidavits served before trial and allowed amended affidavits removing privileged references.

  • Legal professional privilege
  • Waiver of privilege
  • Disclosure
  • Affidavit evidence
  • Case management
  • Legal-professional-privilege
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Civil procedure [2021] JRC 084

Chernukhin and Anor v Deripaska and Anor 24-Mar-2021

Chernukhin and Anor v Deripaska and Anor 24-Mar-2021 [2021] JRC 084 (24 March 2021)

The Jersey Royal Court ordered costs in the cause on several interlocutory summonses, including amendments, further information, and privilege-related applications.

  • Costs
  • Amendment of pleadings
  • Waiver of privilege
  • Requests for further information
  • Civil-procedure
  • Amendment-of-pleadings
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Civil procedure [2021] JRC 039

Chernukhin and Anor v Deripaska and Anor 11-Feb-2021

Chernukhin and Anor v Deripaska and Anor 11-Feb-2021 [2021] JRC 039 (11 February 2021)

The Royal Court ruled on amendment, privilege, wasted costs, and further information applications in pre-trial proceedings, allowing some requests and refusing others.

  • Amendment of pleadings
  • Duty of care of advocates
  • Wasted costs
  • Waiver of privilege
  • Requests for further information
  • Amendment-of-pleadings
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Civil procedure [2015] JRC 145

Crociani -v- Crociani

Crociani -v- Crociani [2015] JRC 145 (01 July 2015)

The court refused disclosure of legal advice said to be referred to in affidavit evidence and correspondence, finding no waiver of privilege, but ordered limited disclosure of timing.

  • Waiver of privilege
  • Amendment of pleadings
  • Disclosure of legal advice
  • Abuse of process
  • Waiver-of-privilege
  • Legal-professional-privilege
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Civil procedure [2011] JRC 067

Cafe de Lecq -v- Rossborough

Cafe de Lecq -v- Rossborough [2011] JRC 067 (29 March 2011)

The court held document 135 was privileged, but its mistaken disclosure was not an obvious error to the receiving lawyers, so no injunction was granted.

  • Litigation privilege
  • Discovery
  • Waiver of privilege
  • Injunctions
  • Professional indemnity insurance
  • Litigation-privilege
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Trust law [2010] JRC 074

Cunningham -v- Cunningham

Cunningham -v- Cunningham [2010] JRC 074 (13 April 2010)

Interlocutory trust dispute on whether a former solicitor could be authorised to give evidence despite legal professional privilege.

  • Waiver of privilege
  • Trustee duties
  • Admissibility of evidence
  • Court's supervisory jurisdiction over trusts
  • Legal-professional-privilege
  • Trust-law
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Civil procedure [2005] JRC 144

United Capital Corp v Bender & Ors

United Capital Corp v Bender & Ors [2005] JRC 144 (14 October 2005)

Appeal allowed on discovery: letters concerning anticipated Silverman litigation remained privileged and were not disclosed.

  • Legal professional privilege
  • Discovery
  • Common interest privilege
  • Waiver of privilege
  • Legal-professional-privilege
  • Common-interest-privilege
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Evidence [2005] JLR 401

United Capital Corporation v Bender

United Capital Corporation v Bender [2005] JLR 401 (14 October 2005)

The court held that privilege was not waived over a withheld part of a document when a non-privileged part was disclosed under court order and not to advance the disclosing party’s case.

  • Privilege
  • Waiver of privilege
  • Disclosure of documents
  • Evidence
  • Legal-professional-privilege
  • Waiver-of-privilege
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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.