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ARTICLE · 11 NOVEMBER 2025

Secured Creditors And Immovable Property: Procedure And Why It Matters

Carey Olsen
Carey Olsen
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Carey Olsen

Carey Olsen

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Creditors are entitled to have processes of law which give protection to their economic interests. Jersey has various procedural safeguards in place to protect debtors.

JerseyLitigation, Mediation & Arbitration
Jeremy Lightfoot
Jeremy Lightfoot
Mike Kushner
Mike Kushner
Ella Harvey
Ella Harvey
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Creditors are entitled to have processes of law which give protection to their economic interests. Jersey has various procedural safeguards in place to protect debtors.

Those were some of the key observations from Jersey's Court of Appeal in dismissing the debtor's application for leave to appeal in Representation of Prospect Capital Security Trustees Limited [2025] JCA 265.

What happened?

This application concerned the Royal Court's decision in Representation of Prospect Holdings Limited [2025] JRC 164. We analysed the Royal Court's decision in a previous briefing note – Secured creditors and immovable property: a landmark ruling from the Royal Court of Jersey.

The litigation involved a claim by Prospect to enforce its first ranking hypothec (charge) over one of the debtor's properties. The Royal Court authorised enforcement through a Jersey law process called dégrèvement (broadly, a form of forfeiture with in-built mechanisms for managing competing

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