In re Kaplan v [2009] JLR 88 (29 April 2009)

In re Kaplan v [2009] JLR 88 (29 April 2009)

The saisie judiciaire was discharged as a matter of discretion due to the Viscount's inability to manage the property, the retired trustee's inability to transfer assets, lack of funds in Jersey, and potential conflict with foreign freezing orders.

Citation
[2009] JLR 88
Parties
Applicant: Kaplan
Jurisdiction
Jersey
Judgment Date
29 April 2009
Procedural Posture
Criminal / Application for Discharge of Saisie Judiciaire
Outcome
saisie judiciaire discharged
Legal Topics
Saisie Judiciaire, Discharge of Restraint Orders, Trustee Powers, Foreign Freezing Orders
Criminal Law Proceeds of Crime Saisie Judiciaire Discharge of Restraint Orders Trustee Powers Foreign Freezing Orders

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Parties

Kaplan

Applicant

Procedural Posture

Criminal / Application for Discharge of Saisie Judiciaire

Legal Issues

  1. 1 Whether the saisie judiciaire should be discharged as a matter of discretion when the Viscount is unable to manage the property, the retired trustee cannot transfer assets to new trustees, there are no funds in Jersey to pay the Viscount or trustee, and there is a potential conflict with foreign freezing orders.

Ratio Decidendi

The saisie judiciaire was discharged as a matter of discretion due to the Viscount's inability to manage the property, the retired trustee's inability to transfer assets, lack of funds in Jersey, and potential conflict with foreign freezing orders.

Court Disposition

saisie judiciaire discharged

Orders

  • saisie judiciaire discharged as a matter of discretion