Tantular: The Final Chapter

Introduction

The long running dispute in the Tantular litigation has finally reached the Privy Council and some crucial questions about the interaction between Jersey trusts and the mechanics of Jersey's confiscation regime have now finally been settled.

Essentially, the Tantular litigation has been about the international reach of saisies judiciaries (a species of restraint order imposed by Jersey's Royal Court over property pending confiscation proceedings). Specifically, the case concerns whether the assignment of a mortgage over a trust-owned property in Singapore, in this case by Credit Suisse, amounts to dealing with confiscated property in a way prohibited by the saisie. This article aims to provide an outline description of the key issues decided in the appeal and the underlying principles that may inform later cases.