Jersey: New Law Made On Enforcing Judgments In Jersey

Last Updated: 16 February 2009
Article by Appleby  

The recent judgment of Jersey's Royal Court in Brunei Investment Agency and Bandone v Fidelis and others [2008] JRC 152 has significantly extended its inherent jurisdiction to enforce foreign judgements in Jersey. Proceedings were brought in Jersey by the Brunei Investment Authority ("BIA") to enforce aspects of an order made by the Bruneian Courts against Prince Jefri Bolkiah ("Prince Jefri"), the youngest brother of the Sultan of Brunei.

The BIA originally commenced proceedings against Prince Jefri in the Courts of Brunei in 2000. It alleged both misappropriation and misapplication of several billion US dollars of state funds by Prince Jefri whilst he occupied governmental office. However the BIA and Prince Jefri reached a settlement prior to the matter being heard before the courts in May 2000. Subsequently Prince Jefri refused to comply with certain terms of the settlement and it was necessary for the BIA to apply to the Bruneian Courts for enforcement of the settlement agreement.

Prince Jefri was ordered by the High Court of Brunei in 2006 to perform his obligations under the settlement agreement (the "Bruneian Judgment"). He appealed the Bruneian Judgment and the appeal was ultimately dismissed by the Privy Council sitting as the appellate Court of Brunei. It was then necessary for the BIA to engage in enforcement litigation across the globe against various assets which he had acquired. As the settlement agreement included obligations to transfer shares in certain Jersey companies to the BIA, litigation in Jersey was necessary and it was this aspect which formed the subject matter of the Jersey proceedings.

Principles Of Comity

Whilst the precise terms of the BIA's application sought recognition of the Bruneian Judgement pursuant to the principles of comity, the court identified that the real issue before it was in fact,

"whether the court should make the orders requested with or without reconsidering the merits."

The court acknowledged that the Judgements (Reciprocal Enforcement) (Jersey) Law 1960 was limited in application to England and Wales, Scotland, Northern Ireland, the Isle of Man and Guernsey. The court was therefore concerned with its inherent jurisdiction to enforce foreign judgements.

The court noted that in the area of private international law, regard would be given to the English common law position. Dicey, Morris and Collins, The Conflict of Laws ("Dicey") is the principle authority on this area. In particular Rule 35 (1) provides that foreign judgements may be enforced if:

  1. For a debt or definite sum of money; and
  2. The judgment is final and conclusive.

The court observed that it was the first time in which the Royal Court was expressly directing its attention to the effect of Rule 35 (1) of Dicey in Jersey, although it did note that the rule had been mentioned though not directly commented upon in previous decisions. The Royal Court therefore embarked upon a thorough review of the Commonwealth authorities in this area, identifying that the origin of Rule 35 (1) could be traced back to an English case from Georgian times known as Sadler v Robins (1808) 1 Camp. 253.

With regard to recent Canadian and Caymanian case law in this area the court was mindful of the changes in society since the rule's inception and the increasing globalisation of business and commerce. As one would expect the world had changed in the last 200 years as therefore had the demands upon the legal systems to respond to the developments in society. The court was conscious that the increasingly globalised nature of business placed acute importance upon certain equitable remedies available to the courts, in particular freezing orders and mandatory injunctions, which would often need to enjoy an international aspect to be wholly effective. In this context the court believed that a re-assessment of Rule 35 (1) of Dicey was necessary.

Adopting reasoning from recent case law in other Commonwealth jurisdictions and in particular Canada, the Cayman Isles and the Isle of Man (with the Privy Council sitting as appellate court thereof) the Royal Court stated:

"In our view the restriction in relation to non-money judgements under English common law (Rule 35 (1) Dicey) should, in its application to this jurisdiction, be amended so as to give the court a discretion... to enforce non-monetary judgements, but, is a discretion to be exercised cautiously".

Importantly the court made it clear that this jurisdiction would not be confined to being exercised in the context of Article 51 of the Trusts (Jersey) Law 1984.

Significant Development

The judgement represents a significant and important development extending the court's inherent jurisdiction to enforce foreign non-monetary judgments in Jersey in appropriate circumstances and it will be interesting to see if the UK and other Commonwealth jurisdictions will adopt this departure from Dicey.

This article first appeared in the winter 2008/09 issue of Appleby Jersey's Resolution newsletter.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions