Off-shore focus: Fraud in the Channel Islands (Pt 2)

• Covers legal remedies against civil fraud in an insolvency context, in Jersey and Guernsey.

Jersey

As a leading international finance centre, Jersey has sophisticated and robust measures to prevent, identify and remedy fraud. The Jersey Court has consistently and repeatedly sent a clear message that it will actively assist victims of fraud.

This short article focuses on civil fraud in an insolvency context but, in general terms, the weapons against fraud that are available in the major onshore jurisdictions will also be available in Jersey, although perhaps with a different (and often French) name.

The starting point is that no substantive cause of action is required to apply for orders which concern the identification and preservation of assets that are the subject of a fraud. This ‘free standing’ relief in support of foreign proceedings, coupled with the