In re Tantular [2015] 1 JLR 97 (17 December 2014)
It is not an abuse of process to maintain a second saisie judiciaire restraining the same defendant's assets when the second is based on separate foreign criminal proceedings concerning different conduct.
- Citation
- [2015] 1 JLR 97
- Parties
- Defendant: Tantular
- Jurisdiction
- Jersey
- Judgment Date
- 17 December 2014
- Procedural Posture
- Criminal / Interlocutory
- Outcome
- Second saisie judiciaire maintained; not an abuse of process.
- Legal Topics
- Saisie Judiciaire, Abuse of Process, Asset Restraint
Case Brief
Summary, issues, holding and outcome
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Parties
Tantular
Defendant
Procedural Posture
Criminal / Interlocutory
Legal Issues
- 1 Whether maintaining a second saisie judiciaire over the same defendant's assets based on separate foreign criminal proceedings constitutes an abuse of process
Ratio Decidendi
It is not an abuse of process to maintain a second saisie judiciaire restraining the same defendant's assets when the second is based on separate foreign criminal proceedings concerning different conduct.
Court Disposition
Second saisie judiciaire maintained; not an abuse of process.
Full Case Text
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