Bedell Cristin obtained a landmark ruling, the first of its kind in Jersey, in a Royal Court judgment relating to real estate conveyancing in Jersey.
The firm set a precedent in a first legal challenge to the scope of a standard conveyancing provision under Jersey law, known informally as the ‘tout tel clause’ which is used routinely in all Jersey real estate contracts.
A team from Bedell Cristin, led by Advocate Mark Taylor and supported by Associate Scott Tolliss appeared before the Deputy Bailiff, Timothy Le Cocq QC, to defeat a preliminary issue hearing on the applicability of the ‘tout tel clause’, borne out of a claim commenced by the Plaintiff purchaser in June 2017 in which damages of approximately £1.5 million are sought from the Defendant vendor for misrepresentation.
The judgment, eagerly awaited in legal circles, ‘marks a significant development in the law of Jersey real estate and conveyancing transactions.’ Had the Court not found in favour of Bedell Cristin’s client and instead the Defendant had succeeded in their argument, it would have ‘at a stroke driven a coach and horses through the standard practice adopted by conveyancing firms in Jersey.’
Further details of the judgment and background to the case (Mackie v Scott) can be found here: https://bit.ly/2KjGCxj