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Tax law [2023] JCA 057

Imperium Trustees (Jersey) Limited v Jersey Competent Authority

Imperium Trustees (Jersey) Limited v Jersey Competent Authority [2023] JCA 057 (01 June 2023)

The Court of Appeal granted leave to appeal and leave for judicial review over a tax information notice, focusing on whether requested material was foreseeably relevant.

  • Exchange of tax information
  • Judicial review
  • Foreseeable relevance
  • Implementation of international treaties
  • Tax-information-exchange
  • Judicial-review
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Family law [2021] JRC 014

D v E (Family) 22-Jan-2021

D v E (Family) 22-Jan-2021 [2021] JRC 014 (22 January 2021)

The Jersey Royal Court declared that a child’s retention in Madeira was wrongful under the Hague Convention, and made a limited injunction and no costs order.

  • International child abduction
  • Hague convention
  • Child custody
  • Parental responsibility
  • Jurisdiction
  • International-child-abduction
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Criminal law [2020] JCA 234

Robert Tantular v AG 12 Nov 2020

Robert Tantular v AG 12 Nov 2020 [2020] JCA 234 (12 November 2020)

The Court of Appeal held that Article 16(4)(b) of Jersey’s modified proceeds of crime law can prohibit dealing with realisable property held outside Jersey.

  • Proceeds of crime
  • Confiscation orders
  • Extraterritorial jurisdiction
  • Statutory interpretation
  • Proceeds-of-crime
  • Confiscation-orders
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Family law [2020] JCA 141A

Applicant parent v Birth Mother and Others

Applicant parent v Birth Mother and Others [2020] JCA 141A (08 July 2020)

Hague Convention child abduction appeal: the Court of Appeal held settlement under Article 12 is assessed at the start of proceedings and allowed the appeal.

  • International child abduction
  • Hague convention 1980
  • Child custody
  • Habitual residence
  • Summary return
  • Settlement exception
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Criminal law [2020] JRC 058

In the matter of the Saisies Judiciaires of Robert Tantular

In the matter of the Saisies Judiciaires of Robert Tantular [2020] JRC 058 (08 April 2020)

The Royal Court held that Jersey’s Modified Law permits a saisie judiciaire over property outside Jersey where the relevant controllers are within the court’s personal jurisdiction.

  • Proceeds of crime
  • Enforcement of foreign confiscation orders
  • Jurisdiction
  • Extra-territoriality
  • Trust structures
  • Proceeds-of-crime
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Criminal law [2019] JRC 114

In the matter of the Saisies Judiciaires of Robert Tantular 18-Jun -2019

In the matter of the Saisies Judiciaires of Robert Tantular 18-Jun -2019 [2019] JRC 114 (18 June 2019)

The Royal Court held that the saisies judiciaires prevented Credit Suisse from assigning a mortgage over property subject to restraint, and refused any variation to permit the assignment.

  • Proceeds of crime
  • Confiscation orders
  • Saisie judiciaire
  • Mortgage assignment
  • Freezing orders
  • Human rights
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Criminal law [2018] JRC 193

AG v Reid

AG v Reid [2018] JRC 193 (18 October 2018)

The Royal Court of Jersey enforced a US forfeiture order against a prisoner, rejecting attempts to re-litigate extradition and plea issues already decided in the US.

  • Enforcement of foreign forfeiture orders
  • Extradition
  • Money laundering
  • Human rights
  • Foreign-forfeiture-order-enforcement
  • Money-laundering
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Administrative law [2017] JRC 088

Haskell v Comptroller of Taxes

Haskell v Comptroller of Taxes [2017] JRC 088 (14 June 2017)

The Royal Court refused a stay in a tax information exchange judicial review, but required the Comptroller to provide fuller disclosure on residence, entity links, and bank-related grounds.

  • Judicial review
  • Exchange of tax information
  • Duty of candour
  • Disclosure
  • Presumption of regularity
  • Tax information exchange agreements (tiea)
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Trusts [2017] JRC 006

Heinrichs -v- Pantrust and Ors

Heinrichs -v- Pantrust and Ors [2017] JRC 006 (12 January 2017)

The court refused to order an account on the footing of wilful default against former trustees of the Brazilian Trusts, finding the proposed inquiry too wide and impractical.

  • Trustee duties
  • Wilful default
  • Jurisdiction
  • Breach of trust
  • Accounting procedures
  • Trusts
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International law [2016] JCA 199D

Botas -v- Tepe

Botas -v- Tepe [2016] JCA 199D (04 November 2016)

The Court of Appeal of Jersey refused leave to appeal to the Privy Council in a state-immunity enforcement dispute, while granting a stay of execution with conditions.

  • Enforcement of arbitration awards
  • Sovereign immunity
  • Jurisdiction
  • Appeals to privy council
  • Asset seizure
  • State-immunity
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.