Stanford Asset Holdings Ltd and another v AfrAsia Bank Ltd (Mauritius)
[2023] UKPC 35
Interpretation of Jersey's Proceeds of Crime legislation (Modified Law) regarding the territorial reach of saisies judiciaires.
Proceeds of Crime (Jersey) Law 1999, as modified by the Proceeds of Crime (Enforcement of Confiscation and Instrumentalities Forfeiture Orders) (Jersey) Regulations 2008.
Presumption against extra-territorial effect of legislation.
R (KBR Inc) v Director of the Serious Fraud Office [2021] UKSC 2.
State immunity from jurisdiction.
State Immunity Act 1978 (as applied in Jersey).
Contempt of court: aiding or abetting breach of court order.
Attorney-General v Punch [2002] UKHL 50.
Jurisdiction Appeal dismissed.
The Jersey court has jurisdiction over overseas property where individuals controlling it are subject to Jersey's jurisdiction; Article 16(4)(b) of the Modified Law, interpreted literally, does not limit saisies judiciaires to Jersey property.
Mortgage Appeal allowed; Court of Appeal's declaration set aside.
Credit Suisse's assignment of the mortgage could potentially aid and abet a breach of the saisies judiciaires or frustrate their purpose. While the mortgage itself wasn't 'realisable property', the assignment needed court approval to prevent undermining the order's intent to preserve the equity in the Singapore apartment.
Immunity Appeal allowed.
Indonesia did not institute the proceedings nor take any steps to waive sovereign immunity; the Attorney General acted on behalf of Indonesia but did not represent the Indonesian government as a party to the proceedings.
[2023] UKPC 35
[2024] EWHC 90 (Ch)
[2023] EWHC 754 (KB)
[2023] EWHC 1649 (Ch)
[2024] EWHC 1551 (Ch)