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Jersey Case Law

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Trust law [2013] 2 JLR 444

In re Rex Trust v

In re Rex Trust v [2013] 2 JLR 444 (31 October 2013)

The court held that bribes received by a fiduciary are held on constructive trust for the person owed the duty, and ordered the funds held for Mozambique.

  • Constructive trusts
  • Fiduciary duty
  • Bribery
  • Constructive-trusts
  • Fiduciary-duty
  • Trust-law
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Trust law [2013] JRC 211

Lloyds Trust Co (CI) Ltd -v- Fragoso, Hoy, Government of Mozambique and HM Attorney General

Lloyds Trust Co (CI) Ltd -v- Fragoso, Hoy, Government of Mozambique and HM Attorney General [2013] JRC 211 (31 October 2013)

The Jersey Royal Court held that trust assets funded by bribes paid to a Mozambican public officer were held on constructive trust for Mozambique.

  • Constructive trusts
  • Proceeds of crime
  • Bribery
  • Fiduciary duty
  • Tracing
  • Beneficial entitlement
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Criminal law [2009] JCA 115A

AG -v- Bhojwani

AG -v- Bhojwani [2009] JCA 115A (08 June 2009)

The Court of Appeal held that fraud requires operative deception, confirmed a narrow approach to transposition under the Proceeds of Crime Law, and found no customary law offence of bribery.

  • Fraud
  • Money laundering
  • Transposition of offences
  • Bribery
  • Customary law
  • Legal certainty
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Criminal law [2009] JRC 013

AG -v- Bhojwani

AG -v- Bhojwani [2009] JRC 013 (28 January 2009)

Preparatory hearing on whether Jersey fraud requires operative deception, and whether misconduct in public office and bribery can serve as predicate offences.

  • Fraud
  • Money laundering
  • Misconduct in public office
  • Bribery
  • Transposition of foreign conduct
  • Money-laundering
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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.