Ani v Barclays [2004] JRC 069 (22 April 2004)

Ani v Barclays [2004] JRC 069 (22 April 2004)

There was no substantive dispute or relief sought against the Attorney General, and he acted reasonably in the investigation. The Trustee acted properly in refusing distributions absent police consent. Costs should not be awarded against either; each party bears its own costs.

Citation
[2004] JRC 069
Parties
Applicant: Representor; Respondent: Attorney General; Respondent: Barclays Private Bank & Trust Limited
Jurisdiction
Jersey
Judgment Date
22 April 2004
Procedural Posture
Application for Leave to Discontinue Representation and Costs / Costs Hearing Following Discontinuance
Outcome
Leave to discontinue proceedings granted; each party bears its own costs.
Legal Topics
Proceeds of Crime, Suspicious Transaction Reporting, Freezing of Assets, Costs Orders, Judicial Review
Trust Law Criminal Law Money Laundering Proceeds of Crime Suspicious Transaction Reporting Freezing of Assets Costs Orders Judicial Review

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Parties

Representor

Applicant

Attorney General

Respondent

Barclays Private Bank & Trust Limited

Respondent

Procedural Posture

Application for Leave to Discontinue Representation and Costs / Costs Hearing Following Discontinuance

Legal Issues

  1. 1 Whether the Attorney General or Trustee should pay the representor's costs upon discontinuance of proceedings
  2. 2 Whether the Attorney General acted unreasonably or with undue delay in the investigation
  3. 3 Whether the Trustee acted reasonably in refusing distributions absent police consent

Ratio Decidendi

There was no substantive dispute or relief sought against the Attorney General, and he acted reasonably in the investigation. The Trustee acted properly in refusing distributions absent police consent. Costs should not be awarded against either; each party bears its own costs.

Court Disposition

Leave to discontinue proceedings granted; each party bears its own costs.

Orders

  • Leave to discontinue proceedings granted.
  • Each party to bear its own costs.