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ARTICLE · 12 OCTOBER 2023

The Tantular Litigation: Continuing The Fight Against Cross-Border Financial Crime

The Judicial Committee of the UK Privy Council has confirmed three key points following the cases Tan Chi Fang and three others v His Majesty's Attorney General (Jersey)...

JerseyLitigation, Mediation & Arbitration

This article was first published by STEP in the Trust Quarterly Review in Volume 21, Issue 3.

The Judicial Committee of the UK Privy Council has confirmed three key points following the cases Tan Chi Fang and three others v His Majesty's Attorney General (Jersey); Tan Chi Fang and three others v His Majesty's Attorney General (Jersey) No 2; Robert Tantular v His Majesty's Attorney General (Jersey).

  • A saisie judiciaire has no geographical limits and can extend to property situated outside Jersey where the court has in personam jurisdiction over persons who hold property abroad
  • The holder of a charge over property subject to a saisie judiciaire does not have to apply to the court to vary a saisie judiciaire in every case where it proposes to assign a charge over property in which the net equity constitutes "realisable property". However, if there is any doubt as to whether such an assignment would interfere with the administration of justice, then it may be

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