In re Rex Trust v [2013] 2 JLR 444 (31 October 2013)
- Citation
- [2013] 2 JLR 444
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trust Dispute / Final Judgment
More details
- Posture
- Trust Dispute / Final Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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
02
Material facts
Parties
Rex Trust
TrusteeMozambique Government
Beneficiary03
Procedural history
Posture
Trust Dispute / Final Judgment
04
Questions and positions
Legal issues
Whether bribes received by a fiduciary are held on constructive trust for the person to whom the fiduciary duty is owed
Party arguments
- Applicant
- The trustee holds funds comprising bribes paid to the settlor, who was a public official, and these funds should be held for the Mozambique Government.
- Respondent
- Bribes paid to the settlor are not subject to a constructive trust and should not be held for the Mozambique Government.
05
Court’s reasoning
Legal principles
- 01
Jersey trust law and equitable principles
If a fiduciary accepts a bribe in breach of duty, the bribe or property representing it is held on constructive trust for the person to whom the duty is owed.
06
Ratio, limits and disposition
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.
Obiter and limits
- Constructive trusts in cases of fiduciary fraud serve as a deterrent to corruption.
Court disposition
Trust fund comprising bribes held on constructive trust for Mozambique Government.
- Trustee to hold bribe funds for Mozambique Government
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re Rex Trust v [2013] 2 JLR 444 (31 October 2013) URL: https://www.bailii.org/je/cases/JLR/2013/JLR132444.html Cite as: [2013] 2 JLR 444 [ New search ] [ Help ] In re Rex Trust v 2013 (2) JLR 444 (31 October 2013) Trusts-constructive trusts-fraud-if fiduciary accepts bribe in breach of duty, bribe (or property representing it) held on constructive trust for person to whom duty owed-deters fraud and corruption-trust fund comprising bribes paid to settlor, who held public office in Mozambique, held by trustee on constructive trust for Mozambique Government The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2013 (2) JLR 444 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2013/JLR132444.html
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