Our Cases
Franckel Law has recently been involved in important cases before the Royal Court including:
- a number of applications for the removal of a Protector
- the first case where a party engaged by the Court to represent the interests of minors and unborns was able to (successfully) apply for a blessing of his decision in settling substantial litigation proceeding
- the first consideration by a Jersey Court of the meaning of the word ‘issue’ for succession purposes
- an application to interpret and re-structure a longstanding Trust arrangement
- advice and assistance to trustees and relatives who are drawn into connected matrimonial proceedings
Trusts
Advocate Franckel has appeared before the Royal Court of Jersey in relation to a number of decisions of note concerning trust disputes of varying complexity, size and value.
Matrimonial
Whilst Franckel Law does not deal with core matrimonial matters, it is often the case that connected individuals (for example parents or adult children) or trustees are drawn into matrimonial disputes where trust or other assets are potentially available and come under scrutiny. Such matters need careful consideration.
Probate & Estates
In recent years in our view there have been an increasing number and range of probate and estate disputes. This may have resulted from the reduced use of new Trusts for estate planning and succession purposes, or from more inventive methods of attacking wills. See for example the increased number of issues as to capacity. The statutory regime in such matters is not yet as comprehensive in Jersey as in jurisdictions such as the UK.
Insolvency
For many years, the insolvency processes available in Jersey were relatively limited and grounded in the history of the Island. Whilst those processes (désastre, dégrèvement, remise des biens etc) remain, Jersey has more recently adopted some of the more familiar UK remedies and processes to run alongside. This gives a flexibility to the insolvency regime in Jersey.
Matrimonial
Whilst Franckel Law does not deal with core matrimonial matters, it is often the case that connected individuals (for example parents or adult children) or trustees are drawn into matrimonial disputes where trust or other assets are potentially available and come under scrutiny. Such matters need careful consideration.
Probate & Estates
In recent years in our view there have been an increasing number and range of probate and estate disputes. This may have resulted from the reduced use of new Trusts for estate planning and succession purposes, or from more inventive methods of attacking wills. See for example the increased number of issues as to capacity. The statutory regime in such matters is not yet as comprehensive in Jersey as in jurisdictions such as the UK.
Insolvency
For many years, the insolvency processes available in Jersey were relatively limited and grounded in the history of the Island. Whilst those processes (désastre, dégrèvement, remise des biens etc) remain, Jersey has more recently adopted some of the more familiar UK remedies and processes to run alongside. This gives a flexibility to the insolvency regime in Jersey.
General
Franckel Law has widespread experience drawing from over 30 years of dealing with disputes of various kinds.
- Kells v Cashback [2012] JCA 140 – Court of Appeal case re assignments in Jersey Law
- Corbin v Dorynek & Flath [2020] JRC 031 – Split trial application
- Campbell v Campbell [2018] JRC 038 – Dispute between brothers who were beneficial owners of a Company under Jersey management
- Houze v Degano [2012] JCA 024 – Court of Appeal – Appeal in relation to the removal of an Arbitrator
- MacKinnon v Crill Canavan [2006] JRC 159 – nature and extent of Jersey caveats
- Corbin v Dorynek & Flath [2022]JRC047