Jersey Judgment

In re Yaheeb Trust v [2003] JLR 92 (14 December 2001)

Constitutional Law Trust Law Act of State Doctrine Judicial Restraint Foreign Sovereign Acts Ministerial Duties

Citation: [2003] JLR 92
Status: Judgment
Jurisdiction: Jersey
Posture: Trust/constitutional Law Application / Interlocutory/preliminary Ruling

More details

Posture: Trust/constitutional Law Application / Interlocutory/preliminary Ruling

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Professional case brief

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Source document

Holding and result

Jersey courts will not adjudicate on acts of a foreign government as sovereign authority within its own territory, such as permitting a minister to act in a private capacity and receive commissions, unless cross-examination is required to determine if actions were in accordance with the permission granted and the circumstances of receipt.

Court disposition

Judicial restraint exercised; Jersey courts will not adjudicate on the acts in question except for limited factual inquiry via cross-examination.

Orders

Cross-examination may be permitted to determine compliance with permission and circumstances of commissions' receipt.

Material facts

Parties

Yaheeb Trust

Applicant

Unknown (Minister/Foreign Government)

Respondent

Procedural history

Posture

Trust/constitutional Law Application / Interlocutory/preliminary Ruling

Questions and positions

Legal issues

01
Whether Jersey courts can adjudicate on acts of a foreign government as sovereign authority within its own territory
02
Whether cross-examination is permissible to determine if actions were in accordance with permission granted and circumstances of receipt of commissions

Party arguments

Applicant: Applicant challenges the propriety of a foreign minister acting in a private capacity and receiving commissions in commercial transactions involving the state, alleging breach of ministerial duties.
Respondent: Respondent asserts that the acts were permitted by the foreign government as sovereign authority and are not subject to adjudication by Jersey courts.

Court’s reasoning

Legal principles

01
Act of State Doctrine

Jersey courts should exercise judicial restraint and not adjudicate on acts of a foreign government as sovereign authority within its own territory.

Ratio, limits and disposition

Ratio decidendi

Jersey courts will not adjudicate on acts of a foreign government as sovereign authority within its own territory, such as permitting a minister to act in a private capacity and receive commissions, unless cross-examination is required to determine if actions were in accordance with the permission granted and the circumstances of receipt.

Obiter and limits

Cross-examination may be permitted to determine whether actions were in accordance with the permission granted and the circumstances of the commissions' receipt.

Court disposition

Judicial restraint exercised; Jersey courts will not adjudicate on the acts in question except for limited factual inquiry via cross-examination.

Cross-examination may be permitted to determine compliance with permission and circumstances of commissions' receipt.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2003] JLR 92

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BAILII >> Databases >> Jersey Law Reports >> In re Yaheeb Trust v [2003] JLR 92 (14 December 2001) URL: https://www.bailii.org/je/cases/JLR/2001/JLR030092.html Cite as: [2003] JLR 92 [ New search ] [ Help ] In re Yaheeb Trust v 2003 JLR 92 (14 December 2001) Constitutional Law-act of state-exercise of judicial restraint-Jersey courts not to adjudicate on acts of foreign government as sovereign authority within own territory, e.g. permitting minister to act in private capacity and receive commissions in commercial transactions involving state without breaching ministerial duties-cross-examination may be permitted to determine whether actions in accordance with permission granted and circumstances of commissions' receipt 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: 2003 JLR 92 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2001/JLR030092.html

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