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Jersey Case Law

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Criminal law [2020] JCA 098

AG v Ellis

AG v Ellis [2020] JCA 098 (01 June 2020)

The Court of Appeal held it had jurisdiction over interlocutory appeals under Jersey forfeiture law and that the evidential burden on proportionality lies on the respondent.

  • Asset forfeiture
  • Tainted property
  • Burden of proof
  • Proportionality
  • European convention on human rights
  • Summary procedure
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Civil forfeiture [2019] JRC 220

AG v Ellis 04-Nov-2019

AG v Ellis 04-Nov-2019 [2019] JRC 220 (04 November 2019)

The Jersey Royal Court refused the Attorney General leave to appeal a ruling on proportionality and burden of proof in civil forfeiture proceedings.

  • Proportionality
  • Burden of proof
  • Right of appeal
  • Summary procedure
  • Civil-forfeiture
  • Leave-to-appeal
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Civil procedure [2019] JRC 141

AG v Ellis

AG v Ellis [2019] JRC 141 (23 July 2019)

The Royal Court held that a Jersey bank account was tainted property on the evidence, but required further submissions on whether forfeiting the whole account would be proportionate.

  • Asset forfeiture
  • Tainted property
  • Tax evasion
  • Proceeds of crime
  • Burden of proof
  • Proportionality
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Civil law

The Attorney General v Ian Joseph Ellis

The Royal Court refused to vacate the final hearing in a contested civil forfeiture case, declined to order the respondent’s personal attendance, and set limited further directions.

  • Tainted property
  • Summary procedure
  • Case management directions
  • Cross-examination
  • Costs
  • Civil-forfeiture
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Civil procedure [2019] JRC 094

AG v Ellis

AG v Ellis [2019] JRC 094 (23 May 2019)

The Royal Court of Jersey refused an adjournment in a tainted-property forfeiture case, confirmed the hearing date, and set limited procedural directions.

  • Forfeiture of tainted property
  • Summary procedure
  • Costs liability
  • Directions hearing
  • Asset-forfeiture
  • Civil-procedure
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Civil procedure [2017] JRC 057

MacFirbhisigh and Ching -v- CI Trustees and Others

MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 057 (04 April 2017)

The Royal Court refused to set aside leave to convene Sinels for wasted costs, but amended its earlier judgment to say Sinels achieved “little” rather than “nothing”.

  • Wasted costs orders
  • Legal professional privilege
  • Abuse of process
  • Summary procedure
  • Wasted-costs-orders
  • Legal-professional-privilege
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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.