Overview

The Royal Court of Guernsey has ruled that restraint orders obtained in Guernsey on requests from foreign authorities can only apply to assets located in the Bailiwick, striking down the extra-territorial effect of a restraint order obtained at the request of the National Prosecuting Authority of South Africa.

In its decision in King v HM Procureur, the Court ruled the restraint order, originally obtained in 2006, must be amended to ensure that it only applied to assets within the Bailiwick of Guernsey. In narrowing the scope of the restraint, the Court rejected arguments by HM Procureur that the presence of a Trustee in Guernsey empowers the Court to make worldwide orders restraining the trustee dealing assets of the Trust under the Proceeds of Crime provisions. In this briefing, offshore specialists Mourant Ozannes cover:

• the case's background;


• how restraint Orders obtained in England;


• application to vary the Restraint Order in Guernsey;


• submissions of Mr King and the Trustee;


• arguments advanced by HM Procureur; and


• the Court's findings on extraterritorial effect.

Click 'View Briefing' to read on.