Viscount v Jersey Servs. Co. (1954) Ltd. [1966] JJ 651 (08 July 1966)

The Viscount is empowered to arrest all assets of the debtor in a bankruptcy, but if ownership is disputed, the Royal Court must resolve the dispute in proceedings brought by the Viscount.

Citation: [1966] JJ 651
Parties: Applicant: Viscount; Respondent: Jersey Services Co. (1954) Ltd.
Jurisdiction: Jersey
Judgment Date: 08 July 1966
Procedural Posture: Bankruptcy / Determination of Asset Realization Procedure
Outcome: clarification of procedure
Legal Topics: Desastre, Realization of Assets, Arrest of Assets, Disputed Ownership

Bankruptcy Desastre Realization of Assets Arrest of Assets Disputed Ownership

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Parties

Viscount

Applicant

Jersey Services Co. (1954) Ltd.

Respondent

Procedural Posture

Bankruptcy / Determination of Asset Realization Procedure

Legal Issues

1 Whether the Viscount may make a general arrest of all assets of the debtor in a bankruptcy (desastre) and the procedure if ownership of an asset is disputed

Ratio Decidendi

The Viscount is empowered to arrest all assets of the debtor in a bankruptcy, but if ownership is disputed, the Royal Court must resolve the dispute in proceedings brought by the Viscount.

Court Disposition

clarification of procedure

Orders

The Viscount may make a general arrest of all assets of the debtor.
If ownership of an asset is disputed, the Royal Court will determine the issue in proceedings instituted by the Viscount.