AG -v- Rosenlund and FNB International Trustees Limited [2016] JRC 078 (06 April 2016)

AG -v- Rosenlund and FNB International Trustees Limited [2016] JRC 078 (06 April 2016)

The Attorney General, as a public body performing an important public function, should not be subject to costs orders for pursuing the saisie judiciaire up to the point where disclosure showed no material gifts into the trust after criminal conduct commenced. From the filing of the skeleton argument on 23 January 2015, the claim was hopeless and costs should be awarded against the Attorney General on the standard basis, including the preliminary issue and costs hearing.

Citation
[2016] JRC 078
Parties
Applicant: Attorney General; First Respondent: Rosenlund; Second Respondent: FNB International Trustees Limited
Jurisdiction
Jersey
Judgment Date
06 April 2016
Procedural Posture
Application for Saisie Judiciaire / Post Strike Out, Costs Determination
Outcome
Costs order partially granted against the Attorney General.
Legal Topics
Proceeds of Crime, Confiscation Orders, Costs Orders, Public Function Litigation, Mutual Legal Assistance
Criminal Law Trust Law Civil Procedure Proceeds of Crime Confiscation Orders Costs Orders Public Function Litigation Mutual Legal Assistance

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Parties

Attorney General

Applicant

Rosenlund

First Respondent

FNB International Trustees Limited

Second Respondent

Procedural Posture

Application for Saisie Judiciaire / Post Strike Out, Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded against the Attorney General following a failed application for saisie judiciaire
  2. 2 Appropriate basis for costs (standard or indemnity)
  3. 3 Impact of public function status on costs liability

Ratio Decidendi

The Attorney General, as a public body performing an important public function, should not be subject to costs orders for pursuing the saisie judiciaire up to the point where disclosure showed no material gifts into the trust after criminal conduct commenced. From the filing of the skeleton argument on 23 January 2015, the claim was hopeless and costs should be awarded against the Attorney General on the standard basis, including the preliminary issue and costs hearing.

Court Disposition

Costs order partially granted against the Attorney General.

Orders

  • Attorney General to pay respondents' costs from 23 January 2015 up to and including the strike out application and costs hearing, on the standard basis, to be taxed if not agreed.
  • Respondents invited to file summaries of costs; interim payment of 40% of claimed amount on standard basis to be payable within 28 days, subject to review.