re Valenvalls v [2002] JRC 170A (13 September 2002)
- Citation
- [2002] JRC 170A
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Final Judgment
More details
- Posture
- Civil / Final Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court endorsed the agreed scheme for distribution of funds among successful claimants and ordered payment of agreed costs.
Court disposition
Scheme for distribution of funds among successful claimants endorsed; costs agreed and ordered.
Orders
- Monies may be divided out as agreed between successful claimants.
- ANTIL's costs are agreed and endorsed.
- Hemery's costs are agreed and will be met by Miss Robinson's clients.
- Papers referred to the Jersey Financial Services Commission.
02
Material facts
Parties
Cater Allen Bank (now ANTIL)
ReferrerMrs Patten
Potential ClaimantMiss Robinson's clients
Successful Claimants Counsel: Miss RobinsonHemery
Counsel Counsel: Hemery03
Procedural history
Posture
Civil / Final Judgment
04
Questions and positions
Legal issues
- 01
Entitlement to funds held by Cater Allen Bank
- 02
Distribution scheme for successful claimants
- 03
Responsibility for costs
Party arguments
- Applicant
- Successful claimants argued entitlement to funds held by Cater Allen Bank and proposed a distribution scheme.
- Respondent
- Unsuccessful claimants either could not be found, did not wish to claim, or failed to appear; no further action was pursued.
05
Court’s reasoning
Legal principles
- 01
Court's acceptance
Entitlement to funds based on adjudication by the Master
- 02
Court's endorsement
Costs agreement between parties
06
Ratio, limits and disposition
Ratio decidendi
The Court endorsed the agreed scheme for distribution of funds among successful claimants and ordered payment of agreed costs.
Obiter and limits
- The Court is disturbed by the facts and allegations emerging in this case and refers the papers to the Jersey Financial Services Commission.
Court disposition
Scheme for distribution of funds among successful claimants endorsed; costs agreed and ordered.
- Monies may be divided out as agreed between successful claimants.
- ANTIL's costs are agreed and endorsed.
- Hemery's costs are agreed and will be met by Miss Robinson's clients.
- Papers referred to the Jersey Financial Services Commission.
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
judgment the COMMISSIONER: 1. These have been profoundly unsatisfactory and disturbing proceedings. Cater Allen Bank, now ANTIL, becoming concerned with regard to claims on monies held by them and following complaints that individuals had been defrauded referred the matter to the Court.
2. After a series of hearings it had become clear that some investors who might have a claim on the monies held by Cater Allen either could not be found or did not wish to claim or, in the case of Mrs Patten, have failed to appear when warned of these proceedings. Others did wish to pursue their claims and these were referred to the Master for his adjudication.
3. Some of those claimants were successful and are before the Court and others of these were unsuccessful and the Court was advised by Counsel that these others wish to take no further action. Those that were successful before the Greffier have now agreed a scheme and have asked the Court to endorse it. The Court accepts that these claimants are entitled to funds though without prejudice to any further claims or actions and orders that the monies may be divided out as agreed between them.
4. The Court notes that ANTIL's costs are agreed and endorses that agreement; and also that Hemery's costs are agreed and will be met by Miss Robinson's clients.
5. Finally, the Court is disturbed by the facts and allegations emerging in this case and the papers will be referred to the Jersey Financial Services Commission. No Authorities Page Last Updated: 22 Sep 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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