Summary The board considered points of general public importance concerning the interpretation of the Trusts (Jersey) Law 1984 art.32 and art.26(2) and the relevant rules of private international law of Guernsey when determining issues arising from the administration of a Jersey discretionary trust. Facts In conjoined appeals from the Guernsey Court...

Summary Applications for summary judgment and to strike out a claim for breach of an agreement on the basis that a valuer had not accurately valued a bonus payment were dismissed where there was a possibility that a higher valuation might have been made had the valuer had complete and...

Summary A freeholder who was entitled to the forfeiture of the lease on a flat was granted a writ of restitution in respect of a writ of possession which had been stayed on the application of defendants who had failed to attend court on numerous occasions, were using the court's...

Summary In proceedings between a Turkish bank and a Kazakhstan bank relating to the enforcement of a guarantee governed by Turkish law, an order granting permission to serve outside the jurisdiction was set aside on the basis that the claimant had submitted to the jurisdiction of the Turkish courts by...

Summary Although a shadow director might be liable for breach of fiduciary duty to the company, he would not be liable for any loss arising from breach of that duty where a de jure director, on the same facts, would have been relieved of duty under the Companies Act 1985 s.727...

Summary On its proper interpretation, a standard form clause in a contract which conferred exclusive jurisdiction on the English courts obliged the parties not to begin, or continue, any relevant proceedings in any forum other than the English court. The continuation of proceedings begun elsewhere would, on the face of...

Summary In determining the scope of a pre-action settlement agreement that purported to settle "the whole of the claim" where a liquidator had raised a number of disputes against the owners of the company in liquidation, it was appropriate to consider the correspondence leading up to the pre-action offer to...

Summary The court did not grant summary judgment in a dispute over the terms of a settlement agreement where it was at least arguable that a deal carried out by the defendant did not qualify as such under the agreement and where the objective meaning of the words in the...

Summary Two company directors were required to repay to joint liquidators payments which they had received from the company which they had failed to demonstrate had been lawfully paid by way of remuneration. Facts Two joint liquidators appealed against a decision that the payment of £10,098 to the defendant company directors...