In re Yaheeb Trust v [2003] JLR 92 (14 December 2001)

In re Yaheeb Trust v [2003] JLR 92 (14 December 2001)

Jersey courts will not adjudicate on acts of a foreign government as sovereign authority within its own territory, such as permitting a minister to act in a private capacity and receive commissions, unless cross-examination is required to determine if actions were in accordance with the permission granted and the circumstances of receipt.

Citation
[2003] JLR 92
Parties
Applicant: Yaheeb Trust; Respondent: Unknown (Minister/Foreign Government)
Jurisdiction
Jersey
Judgment Date
14 December 2001
Procedural Posture
Trust/constitutional Law Application / Interlocutory/preliminary Ruling
Outcome
Judicial restraint exercised; Jersey courts will not adjudicate on the acts in question except for limited factual inquiry via cross-examination.
Legal Topics
Act of State Doctrine, Judicial Restraint, Foreign Sovereign Acts, Ministerial Duties
Constitutional Law Trust Law Act of State Doctrine Judicial Restraint Foreign Sovereign Acts Ministerial Duties

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Parties

Yaheeb Trust

Applicant

Unknown (Minister/Foreign Government)

Respondent

Procedural Posture

Trust/constitutional Law Application / Interlocutory/preliminary Ruling

Legal Issues

  1. 1 Whether Jersey courts can adjudicate on acts of a foreign government as sovereign authority within its own territory
  2. 2 Whether cross-examination is permissible to determine if actions were in accordance with permission granted and circumstances of receipt of commissions

Ratio Decidendi

Jersey courts will not adjudicate on acts of a foreign government as sovereign authority within its own territory, such as permitting a minister to act in a private capacity and receive commissions, unless cross-examination is required to determine if actions were in accordance with the permission granted and the circumstances of receipt.

Court Disposition

Judicial restraint exercised; Jersey courts will not adjudicate on the acts in question except for limited factual inquiry via cross-examination.

Orders

  • Cross-examination may be permitted to determine compliance with permission and circumstances of commissions' receipt.