Gichuru v Walbrook Trustees [2008] JLR 131 (25 April 2008)

Gichuru v Walbrook Trustees [2008] JLR 131 (25 April 2008)

If it is determined in a private law action that the funds are not proceeds of crime, the institution is not prosecuted for making payments even if the funds are subsequently found in criminal proceedings to be proceeds of crime.

Citation
[2008] JLR 131
Parties
Applicant: Gichuru; Respondent: Walbrook Trustees
Jurisdiction
Jersey
Judgment Date
25 April 2008
Procedural Posture
Civil / Interlocutory
Outcome
clarification of legal position
Legal Topics
Proceeds of Crime, Freezing of Assets, Bank Liability, Police Consent
Criminal Procedure Banking Law Proceeds of Crime Freezing of Assets Bank Liability Police Consent

Case Brief

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Parties

Gichuru

Applicant

Walbrook Trustees

Respondent

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether a bank may refuse to release funds after a suspicious transaction report and lack of police consent under the Proceeds of Crime (Jersey) Law 1999, art. 32(1)
  2. 2 Whether the refusal can be challenged by public law action against the police or private law action against the bank
  3. 3 Whether a bank is liable if funds are later found not to be proceeds of crime

Ratio Decidendi

If it is determined in a private law action that the funds are not proceeds of crime, the institution is not prosecuted for making payments even if the funds are subsequently found in criminal proceedings to be proceeds of crime.

Court Disposition

clarification of legal position