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Jersey Case Law

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Company law [2023] JRC 103

Representation of Hamburg Commercial Bank AG and Ors re HCOB Structured Situations Limited

Representation of Hamburg Commercial Bank AG and Ors re HCOB Structured Situations Limited [2023] JRC 103 (22 June 2023)

The Jersey Royal Court wound up HCOB Structured Situations Limited on just and equitable grounds and appointed joint liquidators to investigate its affairs.

  • Winding up on just and equitable grounds
  • Corporate governance
  • Improper payments
  • Appointment of liquidators
  • Just-and-equitable-winding-up
  • Appointment-of-liquidators
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Insolvency [2021] JRC 325

Representation of Abdallah

Representation of Abdallah [2021] JRC 325 (24 December 2021)

The Royal Court refined ancillary orders after a just and equitable winding-up, expanding cooperation duties for liquidators and allowing Mr Mirza to be convened on costs.

  • Winding up on just and equitable grounds
  • Liquidator's powers and duties
  • Third party costs orders
  • Winding-up
  • Liquidators-powers
  • Non-party-costs-orders
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Company law [2017] JRC 042

Representation of Rendle and Butcher

Representation of Rendle and Butcher [2017] JRC 042 (16 March 2017)

The Jersey Royal Court ordered Arck Estrela Limited to be wound up on just and equitable grounds, finding that its substratum had been lost.

  • Winding up on just and equitable grounds
  • Loss of substratum
  • Liquidation
  • Rectification of register of members
  • Just-and-equitable-winding-up
  • Loss-of-substratum
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Arbitration [2015] JCA 061

Consolidated Resources Armenia -v- Global Gold and Others

Consolidated Resources Armenia -v- Global Gold and Others [2015] JCA 061 (27 March 2015)

The Court of Appeal held that most shareholder and joint-venture disputes had to go to New York arbitration, but note and guarantee claims stayed in Jersey courts.

  • Arbitration agreements
  • Stay of proceedings
  • Shareholder disputes
  • Unfair prejudice
  • Winding up on just and equitable grounds
  • Arbitration-agreement
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Insolvency [2013] JRC 217A

Representation of Anthony Investments (Esplanade) Ltd and Others

Representation of Anthony Investments (Esplanade) Ltd and Others [2013] JRC 217A (12 November 2013)

The Royal Court of Jersey ordered winding up of three trust-owned companies after finding the main company cash-flow insolvent and the result just and equitable.

  • Winding up on just and equitable grounds
  • Cash flow insolvency
  • Preference of creditors
  • Directors' duties
  • Forbearance and moratorium
  • Article 155 companies (jersey) law 1991
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Insolvency [2013] JRC 096

Representation of Collections Group

Representation of Collections Group [2013] JRC 096 (20 May 2013)

Jersey Royal Court wound up five retail companies on just and equitable grounds and authorised liquidators to complete a pre-pack sale to Newco.

  • Winding up on just and equitable grounds
  • Pre-packaged sale
  • Liquidator powers
  • Creditor interests
  • Winding-up
  • Just-and-equitable-ground
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Company law [2012] JRC 079

EVIC -v- Greater Europe Deep Value II Fund Ltd

EVIC -v- Greater Europe Deep Value II Fund Ltd [2012] JRC 079 (17 April 2012)

The Jersey Royal Court granted a further interim injunction stopping publication of a shareholder letter, finding it would improperly pressure the plaintiff during live proceedings.

  • Unfair prejudice
  • Administration of justice
  • Interim injunctions
  • Winding up on just and equitable grounds
  • Interim-injunctions
  • Administration-of-justice
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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.