In re External Confiscation Order [2016] 2 JLR 454 (22 November 2016)

In re External Confiscation Order [2016] 2 JLR 454 (22 November 2016)

Registration of the external confiscation order in Jersey is set aside under the court's inherent jurisdiction and as a matter of comity, following the foreign court's decision to set aside the order.

Citation
[2016] 2 JLR 454
Parties
Respondent: Viscount; Applicant: Defendant
Jurisdiction
Jersey
Judgment Date
22 November 2016
Procedural Posture
Criminal / Application to Set Aside Registration of External Confiscation Order
Outcome
Registration of external confiscation order set aside; confiscated moneys (with accrued interest) ordered to be paid to defendant.
Legal Topics
External Confiscation Orders, Registration, Cancellation, Comity
Criminal Law International Cooperation External Confiscation Orders Registration Cancellation Comity

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Parties

Viscount

Respondent

Defendant

Applicant

Procedural Posture

Criminal / Application to Set Aside Registration of External Confiscation Order

Legal Issues

  1. 1 Whether registration of an external confiscation order in Jersey should be set aside if the order is set aside by a foreign court
  2. 2 Whether the confiscated moneys should be returned to the defendant

Ratio Decidendi

Registration of the external confiscation order in Jersey is set aside under the court's inherent jurisdiction and as a matter of comity, following the foreign court's decision to set aside the order.

Court Disposition

Registration of external confiscation order set aside; confiscated moneys (with accrued interest) ordered to be paid to defendant.

Orders

  • Viscount to pay confiscated moneys with accrued interest to defendant