Jersey Judgment

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

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Professional case brief

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Source document

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

Trustee

Mozambique Government

Beneficiary

03

Procedural history

  1. 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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2013] 2 JLR 444

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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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