Arcturus and others v AG [2000] JRC 174 (07 September 2000)

Arcturus and others v AG [2000] JRC 174 (07 September 2000)

The court refused the application for disclosure, holding that Conrho Limited should seek the documents from the banks as their customer, and that it was not appropriate to order the Attorney General to provide copies at this stage of the criminal investigation.

Citation
[2000] JRC 174
Parties
Applicant: Conrho Limited; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
07 September 2000
Procedural Posture
Judicial Review / Interlocutory Application
Outcome
application refused
Legal Topics
Disclosure of Documents, Judicial Review Procedure, Investigation of Fraud
Criminal Law Administrative Law Disclosure of Documents Judicial Review Procedure Investigation of Fraud

Case Brief

Summary, issues, holding and outcome

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Parties

Conrho Limited

Applicant

Attorney General

Respondent

Procedural Posture

Judicial Review / Interlocutory Application

Legal Issues

  1. 1 Whether the Attorney General should be ordered to provide copies of documents obtained from banks under the Investigation of Fraud (Jersey) Law 1991 during an ongoing criminal investigation
  2. 2 Whether the applicant is entitled to disclosure of such documents at this stage

Ratio Decidendi

The court refused the application for disclosure, holding that Conrho Limited should seek the documents from the banks as their customer, and that it was not appropriate to order the Attorney General to provide copies at this stage of the criminal investigation.

Court Disposition

application refused

Orders

  • Order made in terms of the draft consent order with variations: period for filing amended representation and answer reduced to 10 days each; consequential changes to undertakings; hearing date fixed for 25th-27th October with liberty to apply to change by end of next week; application for disclosure of documents...