Guernsey Court of Appeal reverses discharge of asset restraint
The Guernsey Court of Appeal has reinstated an asset restraint order made over assets in a trust, where a beneficiary of that trust faced criminal proceedings in South Africa. 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 The Court of Appeal ordered the restraint order, originally made in June 2006, should continue, despite there being no prospect of a trial in the South African proceedings in the foreseeable future.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 restraint of assets must be by way of an order of the Royal Court. 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…
Click on the link below to read the rest of the Mourant Ozannes briefing.
News from Mourant Ozannes
Briefings from Mourant Ozannes
Getting it right: how to make a successful application for the appointment of provisional liquidators
The main job of a judge is to determine and uphold rights of property ownership, so applications to appoint provisional liquidators tend to go against the judicial grain.
The States of Jersey have passed an amendment to the Employment (Jersey) Law 2003, incorporating a number of ‘family-friendly’ rights into the legislation.