Al Thani v Yaheeb Trust [2001] JRC 247C (14 December 2001)

Al Thani v Yaheeb Trust [2001] JRC 247C (14 December 2001)

The Court held that, subject to the act of state doctrine, there were no exceptional circumstances justifying refusal of the Attorney General's application to cross-examine the representor. The representor's affidavits formed the basis of his application for relief, and the Attorney General was entitled to test their accuracy. The act of state doctrine precluded cross-examination on certain sovereign acts of the State of Qatar, but not on the representor's own actions. The application to cross-examine Mr. Black was refused as his evidence was peripheral and did not go to the core issues.

Citation
[2001] JRC 247C
Parties
Applicant: Attorney General; Representor: Sheikh Hamad Bin Jassim Bin Jaber Al Thani; Witness/trustee: Clive Black; Trustee: Standard Chartered Grindlays Trust Corporation (Jersey) Limited; Interested Party: State of Qatar; Interested Party: Minor and unborn beneficiaries of the trusts
Jurisdiction
Jersey
Judgment Date
14 December 2001
Procedural Posture
Application for Directions Under Article 47 of the Trusts (jersey) Law 1984 / Interlocutory Application to Cross Examine Deponents
Outcome
Application granted in part and refused in part.
Legal Topics
Cross Examination of Deponents, Act of State Doctrine, Proceeds of Crime, Fiduciary Duties, Constructive Trust, Self Incrimination Privilege
Trust Law Criminal Law Public International Law Cross Examination of Deponents Act of State Doctrine Proceeds of Crime Fiduciary Duties Constructive Trust +1 more

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Parties

Attorney General

Applicant

Sheikh Hamad Bin Jassim Bin Jaber Al Thani

Representor

Clive Black

Witness/trustee

Standard Chartered Grindlays Trust Corporation (Jersey) Limited

Trustee

State of Qatar

Interested Party

Minor and unborn beneficiaries of the trusts

Interested Party

Procedural Posture

Application for Directions Under Article 47 of the Trusts (jersey) Law 1984 / Interlocutory Application to Cross Examine Deponents

Legal Issues

  1. 1 Whether the Attorney General should be permitted to cross-examine the representor and the trustee's managing director in proceedings for directions under Article 47 of the Trusts (Jersey) Law 1984
  2. 2 Whether the act of state doctrine precludes cross-examination on certain issues
  3. 3 Whether cross-examination would be oppressive or for a collateral purpose

Ratio Decidendi

The Court held that, subject to the act of state doctrine, there were no exceptional circumstances justifying refusal of the Attorney General's application to cross-examine the representor. The representor's affidavits formed the basis of his application for relief, and the Attorney General was entitled to test their accuracy. The act of state doctrine precluded cross-examination on certain sovereign acts of the State of Qatar, but not on the representor's own actions. The application to cross-examine Mr. Black was refused as his evidence was peripheral and did not go to the core issues.

Court Disposition

Application granted in part and refused in part.

Orders

  • Attorney General permitted to cross-examine the representor, subject to act of state limitations and privilege against self-incrimination.
  • Application to cross-examine Mr. Black refused.