Jersey Judgment

In re Tantular [2015] 1 JLR 97 (17 December 2014)

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Source document

01

Holding and result

It is not an abuse of process to maintain a second saisie judiciaire restraining the same defendant's assets when the second is based on separate foreign criminal proceedings concerning different conduct.

Court disposition

Second saisie judiciaire maintained; not an abuse of process.

02

Material facts

Parties

Tantular

Defendant

03

Procedural history

  1. Posture

    Criminal / Interlocutory

04

Questions and positions

Legal issues

Whether maintaining a second saisie judiciaire over the same defendant's assets based on separate foreign criminal proceedings constitutes an abuse of process

Party arguments

Applicant
The second saisie judiciaire is an abuse of process as it restrains the same assets as the first saisie, and the authorities should have been aware of the separate conduct when obtaining the first saisie.
Respondent
The second saisie is not an abuse of process as it is based on separate foreign criminal proceedings concerning different conduct, and there is a strong public interest in depriving criminals of the proceeds of crime.

05

Court’s reasoning

  1. 01

    Jersey criminal procedure

    A saisie judiciaire is an interlocutory step and not an abuse of process when based on separate criminal proceedings concerning different conduct.

06

Ratio, limits and disposition

Ratio decidendi

It is not an abuse of process to maintain a second saisie judiciaire restraining the same defendant's assets when the second is based on separate foreign criminal proceedings concerning different conduct.

Obiter and limits

  • Authorities should have been aware of the separate conduct when the first saisie was obtained.
  • There is a strong public interest in depriving criminals of the proceeds of crime.

Court disposition

Second saisie judiciaire maintained; not an abuse of process.

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2015] 1 JLR 97

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