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Jersey Case Law

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Criminal law [2023] JRC 199

AG v Pearce

AG v Pearce [2023] JRC 199 (26 October 2023)

The Royal Court granted a confiscation order after finding Darius Pearce benefited from money laundering conduct and rejecting his claim that JOT shares were held on trust.

  • Confiscation order
  • Benefit from criminal conduct
  • Realisable assets
  • Trust law
  • Piercing corporate veil
  • Confiscation-order
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Insolvency [2020] JCA 168

Cochrane v Harbour Fund II LLP and the Viscount

Cochrane v Harbour Fund II LLP and the Viscount [2020] JCA 168 (14 August 2020)

The Court of Appeal refused Dr Cochrane’s out-of-time appeal against a declaration of désastre, finding nearly three years’ delay unjustified and the proposed appeal weak.

  • Extension of time to appeal
  • Declaration of dĂ©sastre
  • Liquidated claim
  • Realisable assets
  • Litigation funding
  • Guarantee liability
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Insolvency [2017] JRC 007

Harbour -v- Orb

Harbour -v- Orb [2017] JRC 007 (12 January 2017)

The Jersey Royal Court declared Orb a.r.l. and Dr Gail Cochrane en désastre on Harbour II LP's application, rejecting a late English counterclaim and adjournment request.

  • Declaration en dĂ©sastre
  • Liquidated claim
  • Personal guarantee
  • Creditor remedies
  • Set-off and counterclaim
  • Realisable assets
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Criminal law [2015] JRC 174

AG -v- Norris and Norris

AG -v- Norris and Norris [2015] JRC 174 (24 August 2015)

Confiscation orders were made against Liam and Richard Norris after the court assessed their drug-trafficking benefit and limited recovery to realisable assets.

  • Confiscation of assets
  • Drug trafficking
  • Benefit assessment
  • Realisable assets
  • Judicial discretion
  • Confiscation-of-assets
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Criminal law [2007] JRC 203

AG -v- Michel

AG -v- Michel [2007] JRC 203 (19 October 2007)

Post-conviction confiscation proceedings in which the Royal Court of Jersey ordered Peter Michel to pay ÂŁ9,730,152, finding he benefited from money laundering.

  • Confiscation orders
  • Benefit from criminal conduct
  • Realisable assets
  • Discretion in confiscation
  • Statutory assumptions
  • Confiscation-orders
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Criminal law [2006] JRC 063

AG -v- Morgan 25-Apr-2006

AG -v- Morgan 25-Apr-2006 [2006] JRC 063 (25 April 2006)

On a guilty plea, the court assessed the defendant’s drug-trafficking benefit at £103,250 and granted a confiscation order for that amount.

  • Drug trafficking
  • Confiscation of proceeds
  • Benefit assessment
  • Realisable assets
  • Confiscation-order
  • Drug-trafficking
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Drug trafficking

The 1988 Law v Smale

The Royal Court issued a certificate under Article 10B(2) and increased Mr Smale’s confiscation order after finding the speedboat was realisable property.

  • Realisable property
  • Confiscation order variation
  • Public interest
  • Realisable assets
  • Article 10b
  • Drug-trafficking
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Insolvency [1999] UR 88

1999/88 - Representation of Pall Mall Capital Holdings Limited

1999/88 - Representation of Pall Mall Capital Holdings Limited [1999] UR 88 (24 May 1999)

The Royal Court of Jersey refused a declaration en désastre for Pall Mall Capital Holdings Limited, finding the company had no proven realisable assets.

  • Declaration en dĂ©sastre
  • Realisable assets
  • Directors' duties
  • Liquidation process
  • Insolvency
  • Bankruptcy
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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.