In re Rex Trust v [2013] 2 JLR 444 (31 October 2013)

In re Rex Trust v [2013] 2 JLR 444 (31 October 2013)

Bribes paid to the settlor, a public official, are held by the trustee on constructive trust for the Mozambique Government to deter fraud and corruption.

Citation
[2013] 2 JLR 444
Parties
Trustee: Rex Trust; Beneficiary: Mozambique Government
Jurisdiction
Jersey
Judgment Date
31 October 2013
Procedural Posture
Trust Dispute / Final Judgment
Outcome
Trust fund comprising bribes held on constructive trust for Mozambique Government.
Legal Topics
Constructive Trusts, Fiduciary Duty, Bribery
Trust Law Equity Fraud Constructive Trusts Fiduciary Duty Bribery

Case Brief

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Parties

Rex Trust

Trustee

Mozambique Government

Beneficiary

Procedural Posture

Trust Dispute / Final Judgment

Legal Issues

  1. 1 Whether bribes received by a fiduciary are held on constructive trust for the person to whom the fiduciary duty is owed

Ratio Decidendi

Bribes paid to the settlor, a public official, are held by the trustee on constructive trust for the Mozambique Government to deter fraud and corruption.

Court Disposition

Trust fund comprising bribes held on constructive trust for Mozambique Government.

Orders

  • Trustee to hold bribe funds for Mozambique Government