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08 July 2022 / James Tee
Issue: 7986 / Categories: Features , Insolvency , International
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Off-shore focus: Fraud in the Channel Islands (Pt 2)

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In the second of a three-part series by Collas Crill on Jersey and Guernsey law, James Tee explores options available to victims of fraud in an insolvency context
  • 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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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