Guernsey Court of Appeal clarifies the law in relation to external restraint orders

In its judgment in HM Procureur v King & HSBC Trustee (Guernsey) Ltd, the Court of Appeal ruled that the discretionary power given to the Royal Court to discharge or vary a restraint order in support of ‘external proceedings’ did not permit it to consider allegations of undue delay in those proceedings. The Court of Appeal reversed the decision at first instance and ordered that the restraint order, originally made in June 2006, should continue, despite there being no prospect of a trial in the South African proceedings in the foreseeable future.

The prosecuting authority of any country may request the assistance of Her Majesty’s Procureur to restrain assets in support of criminal proceedings, including investigations. The decision in HMP v King represents the first time the Court of Appeal has considered the discretionary power to discharge a restraint order granted in support of such external proceedings. Neither the Guernsey provision nor its equivalent in the UK have previously been the subject of detailed judicial consideration.

The Court of Appeal held that the starting point was that a valid restraint order had been made. A material change in the circumstances would provide an opportunity for review…

If you are registered and logged in to the site, click on the link below to read the rest of the Mourant Ozannes briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Mourant Ozannes

  • Protected Cell Companies

    Guernsey was the first jurisdiction to introduce the concept of a protected cell company but the Companies Law has effectively modernised it.

  • Financial services and regulatory winter update – December 2014

    Top tips for dealing with a JFSC on-site examination; guidance on investment business on-site examinations and an important decision of the Royal Court concerning the information a party subject to regulatory action should be provided with.

View more briefings from Mourant Ozannes

Overview

6th Floor
125 Old Broad Street
London
EC2N 1AR
UK
http://www.mourantozannes.com

Total partners: 51
Total fee earners: 248

Jobs