Jersey Judgment

re Valenvalls v [2002] JRC 170A (13 September 2002)

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Professional case brief

Research organized from the available case record

Source document

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)

Referrer

Mrs Patten

Potential Claimant

Miss Robinson's clients

Successful Claimants Counsel: Miss Robinson

Hemery

Counsel Counsel: Hemery

03

Procedural history

  1. Posture

    Civil / Final Judgment

04

Questions and positions

Legal issues

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

  1. 01

    Court's acceptance

    Entitlement to funds based on adjudication by the Master

  2. 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

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Judgment text

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Source document

Court record

Judgment

[2002] JRC 170A

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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