AG -v- Rosenlund and FNB International Trustees Ltd [2015] JRC 186 (09 September 2015)

AG -v- Rosenlund and FNB International Trustees Ltd [2015] JRC 186 (09 September 2015)

For the purposes of the Modified Law, Jersey law as it exists at the time of the application to the Royal Court is to be applied to the transposed conduct when determining whether it corresponds to a Schedule 1 offence. The statutory scheme, legislative purpose, and absence of objectionable retrospectivity or Convention incompatibility support this construction.

Citation
[2015] JRC 186
Parties
Applicant: Attorney General; First Respondent: Mr Rosenlund; Second Respondent: Trustee (current trustee of the Jersey trust)
Jurisdiction
Jersey
Judgment Date
09 September 2015
Procedural Posture
Application to Register External Confiscation Order / Determination of Preliminary Issue of Law
Outcome
Preliminary issue determined in favour of the Attorney General; Jersey law at the time of application applies.
Legal Topics
Confiscation Orders, Retrospective Legislation, Dual Criminality, Human Rights, Enforcement of Foreign Judgments
Criminal Law Civil Procedure International Cooperation Statutory Interpretation Confiscation Orders Retrospective Legislation Dual Criminality Human Rights +1 more

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Parties

Attorney General

Applicant

Mr Rosenlund

First Respondent

Trustee (current trustee of the Jersey trust)

Second Respondent

Procedural Posture

Application to Register External Confiscation Order / Determination of Preliminary Issue of Law

Legal Issues

  1. 1 Whether Jersey law as at the time of the conduct or as at the time of the application applies to determine if the conduct corresponds to a Schedule 1 offence under the Modified Law for the purpose of registering an external confiscation order.

Ratio Decidendi

For the purposes of the Modified Law, Jersey law as it exists at the time of the application to the Royal Court is to be applied to the transposed conduct when determining whether it corresponds to a Schedule 1 offence. The statutory scheme, legislative purpose, and absence of objectionable retrospectivity or Convention incompatibility support this construction.

Court Disposition

Preliminary issue determined in favour of the Attorney General; Jersey law at the time of application applies.

Orders

  • Application to register the external confiscation order may proceed under the Modified Law.