Robert Tantular v AG 12 Nov 2020 [2020] JCA 234 (12 November 2020)
Article 16(4)(b) of the Modified Law empowers the Royal Court to prohibit specified persons from dealing with realisable property held by them wherever situated, including outside Jersey, as supported by the statutory language, context, and prior Jersey case law.
- Citation
- [2020] JCA 234
- Parties
- Appellant: Robert Tantular; Respondent: Her Majesty's Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 12 November 2020
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Proceeds of Crime, Confiscation Orders, Extraterritorial Jurisdiction, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Robert Tantular
Appellant
Her Majesty's Attorney General
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the Royal Court of Jersey is empowered to grant a saisie judiciaire prohibiting a specified person from dealing with realisable property held by that person situated outside Jersey under Article 16 of the Proceeds of Crime (Jersey Law) 1999 as modified
Ratio Decidendi
Article 16(4)(b) of the Modified Law empowers the Royal Court to prohibit specified persons from dealing with realisable property held by them wherever situated, including outside Jersey, as supported by the statutory language, context, and prior Jersey case law.
Court Disposition
appeal dismissed
Orders
- Permission to appeal granted
- Royal Court's interpretation of Article 16(4)(b) affirmed
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