Introduction In Nolan v. Minerva Trust & Others [2014] JRC 078A, the Royal Court delivered a salutary reminder of the high standards by which professional service providers in Jersey will be judged, and the need for scrutiny, careful reflection and demonstrable independence when taking investment decisions.  It also underlined the need to be robust, whatever […]

In Nolan v Minerva Jersey’s Royal Court held a trust company liable to compensate the victims of their client who had defrauded them even though that company did not carry out the actual frauds. Because it handled the proceeds of the fraud the Court decided it had dishonestly assisted a breach… Click on the link […]

The recent judgement of the Royal Court of Jersey in Nolan and others v Minerva Trust Company and others [2014] JRC078A is a wake-up call to offshore fiduciaries and corporate service providers: slavish loyalty to client requests can be a very costly mistake, if your client turns out to be a fraudster and the Court […]

Were the trustees dishonest? 1. The key issue was whether PTCL’s behaviour amounted to dishonest assistance in the breaches of trust. In all cases, except two of the Quistclose trusts, the Royal Court held that it did. 2. The essence of the criticism was that PTCL had failed to bring “independent judgment to bear as […]

In Nolan v. Minerva Trust & Others [2014] JRC 078A, the Royal Court delivered a salutary reminder of the high standards by which professional service providers in Jersey will be judged, and the need for scrutiny, careful reflection and demonstrable independence when taking investment decisions. It also underlined the need to be robust, whatever pressure […]

Breaches of the various Codes of Practice issued by the JFSC can clearly have serious implications for a regulated business and its employees. With this in mind as we move closer to the introduction of civil penalties, financial practitioners should consider examples of good and poor practice in the conduct of financial services business. Two […]