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News & Articles

/News & Articles
News & Articles 2018-05-13T15:53:13+00:00

New partner joins

We are pleased to announce that Danny Le Maistre has joined the firm as a partner. He will head up the commercial litigation and insolvency practice. Danny is an Advocate of the Royal Court and has been practising in Jersey for nearly 18 years. Before joining Ingram Advocates, he was a partner at a top ten offshore law firm. He undertakes a wide range of commercial litigation matters specialising in contentious trusts, professional negligence and fraud-related claims and claims against directors. He [...]

June 1st, 2019|

When your mind is not your own

The Royal Court was recently asked to consider if the views of a patient should be overridden on the basis of medical advice.  The case is known as AG v. Ms A [2018] JRC012 in order to protect the identity of the patient and avoid her identification. The starting point for the Court when considering overruling the decision of an individual is that every individual has capacity to make decisions. This case concerned an individual who was thought to be [...]

August 6th, 2018|

Capacity is a good decision?

The current Mental Health (Jersey) Law was passed by the States in 1969 and came into effect on 1 January 1972. In October 2018 Jersey is making a leap forward to help and support those in our community who may need (now or in the future) help with decision making.  This Article concentrates on circumstances where any individual wishes to make preparations for such events. Whilst the previous legislation has been updated the new Mental Health (Jersey) Law 2016, together [...]

July 23rd, 2018|

The truth, the whole truth and nothing but…

In order to better understand this issue, I should explain the background to financial proceedings and the duty of “full and frank” financial disclosure. The duty of disclosure is fundamental to the Court process; the Court cannot come to a fair, reasonable and just decision about money and finances if it is denied the necessary evidence on which to base its decision. The duty is personal to each party and this can best be illustrated by the wording of the [...]

July 9th, 2018|

The view from this castle

Family homes are investments; not only in the bricks and mortar but also the emotions which develop within them.  The investment in the home can be as great for married and unmarried couples, but the options are materially different depending on the marital status of the couple and the legal position which results. When relationships end, change is inevitable and moving home is a part of that for the majority of families. The challenge for family lawyers is to help [...]

June 25th, 2018|

It’s a Payne to leave…

The reality of living in this beautiful Island we all call home is that it is just that (i) beautiful and (ii) an island. This can mean for families when they separate that one parent moves away.  That move may be as a result of job or other opportunities outside the Island. It may also be due to family or other ties to somewhere else or a desire for a fresh start. Whatever the reason, the stress of a breakdown [...]

June 11th, 2018|

Where’s my home

When the Children (Jersey) Law 2002 came into force in 2005 it represented a revision to both the approach and language for the Court. Decisions (in contested matters) as to where children live and who they see can be very difficult.  Courts can be faced with having to resolve children disputes in the rubble of disintegrating parental relationships and in what can be a polarised and toxic landscape. Both parents may feel the children would be better off with them [...]

May 28th, 2018|

Don’t go fishing

But I know they’re hiding something - can you go through any documents you can “find” – NO - and if in doubt ask your lawyer before taking any action. In England and Wales there have been a number of landmark cases which may assist in understanding the position: The “starting point” can be said to be the 1992 case of Hildebrand v. Hildebrand where the Court seemed to give a self-help remedy to a spouse to search through papers [...]

May 14th, 2018|