Brunei and Bandone v Fidelis and Others [2008] JRC152.
Introduction
The common law restriction on enforcing nonmoney judgments (Rule
35(1) of Dicey Morris & Collins) ("Dicey") has been
amended in Jersey. The Courts now have a discretion to enforce
non-monetary judgments (such as orders for specific performance),
which are vital to effective modern day remedies. In doing so, the
Jersey Courts have adopted the approach taken in the Canadian and
Caymanian Courts.
Facts
In February 2000, the Brunei Investment Agency (the
"BIA") and the Government of Brunei
Darussalam brought proceedings against Prince Jefri in the High
Court of Brunei Darussalam alleging that Prince Jefri had
misappropriated over US $15 billion of State funds whilst acting as
Minister of Finance for Brunei Darussalam. In May 2000 the
proceedings were compromised.
