AG -v- Rosenlund and FNB International Ltd [2016] JRC 062 (15 March 2016)

AG -v- Rosenlund and FNB International Ltd [2016] JRC 062 (15 March 2016)

The transfer of trust assets from the old trustee to the new trustee at Mr Rosenlund's request does not constitute an indirect gift caught by the Modified Law, as Mr Rosenlund had no beneficial entitlement to the trust assets and the transfer was not voluntary but required by trust law. The Attorney General's application discloses no reasonable cause of action under the statutory regime for confiscation.

Citation
[2016] JRC 062
Parties
Applicant: Attorney General; First Respondent: Mr Rosenlund; Second Respondent: The New Trustee (Firstrand Trustees Limited)
Jurisdiction
Jersey
Judgment Date
15 March 2016
Procedural Posture
Application to Strike Out / Interlocutory Judgment
Outcome
Application struck out; Attorney General's amended application dismissed.
Legal Topics
Statutory Interpretation, Trusts and Beneficiaries, Confiscation of Assets, Indirect Gifts, Strike Out Applications
Criminal Law Trust Law Confiscation Proceedings Statutory Interpretation Trusts and Beneficiaries Confiscation of Assets Indirect Gifts Strike Out Applications

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Parties

Attorney General

Applicant

Mr Rosenlund

First Respondent

The New Trustee (Firstrand Trustees Limited)

Second Respondent

Procedural Posture

Application to Strike Out / Interlocutory Judgment

Legal Issues

  1. 1 Whether the transfer of trust assets from the old trustee to the new trustee at Mr Rosenlund's request constitutes an indirect gift caught by the Modified Law for the purposes of a saisie judiciaire.
  2. 2 Whether the Attorney General's application discloses a reasonable cause of action under the Proceeds of Crime (Jersey) Law 1999 as modified.
  3. 3 Whether the statutory regime for confiscation can apply to transactions entered into by a trustee at the request of a criminal where the criminal has no beneficial entitlement.

Ratio Decidendi

The transfer of trust assets from the old trustee to the new trustee at Mr Rosenlund's request does not constitute an indirect gift caught by the Modified Law, as Mr Rosenlund had no beneficial entitlement to the trust assets and the transfer was not voluntary but required by trust law. The Attorney General's application discloses no reasonable cause of action under the statutory regime for confiscation.

Court Disposition

Application struck out; Attorney General's amended application dismissed.

Orders

  • Attorney General's amended application for a saisie judiciaire is struck out pursuant to Rule 6/13 of the Royal Court Rules 2004.
  • No order for a saisie judiciaire over the assets of the Mingo Trust.