Offshore Account

[sharperesidence]

Can any of my creditors access or freeze my offshore (Isle of Man) bank account as I owe them money.

[POCA]

A judgment in the UK courts can be enforced in the Isle of Man or Channel Islands, yes.

[lookinforinfo]

If they only had a Count Court Judgement, that cannot be enforced on the Isle of Man or the Channel Isles. However if they transfer the judgment to

a High Court that can be enforced.

[POCA]

Both County Court and Crown Court Orders for final sums can be enforced in the Isle of Man or Channel Islands under the Judgments (Reciprocal Enforcement) Act 1933. See County Court Rule 35.CCR ORDER 35 -- ENFORCEMENT OF COUNTY COURT JUDGMENTS OUTSIDE ENGLAND AND WALES

[lookinforinfo]

And it is because of the Reciprocal Enforcement that Count Court Judgements

cannot be enforced certainly in Jersey and the Isle of Man. Both the Royal

Court of Jersey and the Court in the IOM consider themselves "superior courts"

so will not be bound by rulings from our County Courts.

As you probably know, the Channel Islands have their own Laws even Jersey

Laws do not apply in Guernsey or Alderney, each of which are Bailliewicks,

and all have a French based legal system.

I cannot find the website that puts it very clearly, the position with County

Court judgements in the Islands, that is.

However there is one that does go round the houses a bit, but confirms

that only judgements from a high court or above in England, will be

enforceable in Jersey and the Isle of Man.-

http://www.jerseylegalinfo.je/Publications/jerseylawreview/Feb00/editorial_miscellany.aspx

[POCA]

Funny, I've enforce a County Court judgment in the Isle of Man.

[lookinforinfo]

Our Courts enforce fines on parking tickets even when the tickets are

later found to be unenforceable.

So if the right defence was not entered in regards to your judgement, it

could well go through. in any event, that defence would only have been a

delaying tactic till the High Court became involved.

It is a pity that I can't find the other website since it lays down the law

unequivocally. Though you would have thought that the Courts in those

Isles would have sorted the jurisdictions of our Courts and theirs long

before Hardwick.

[lookinforinfo]

It has been bugging me POCA that I couldn't find the relevant website

again. However I did find part of it on the Jersey info site-

 

 

"But the earlier Manx case is of interest to Jersey lawyers because it dealt with precisely the same point as that dealt with in Hardwick but came to the opposite conclusion. In Video Vision Broadcast, the respondent had obtained an English county court judgment against the appellant, but by that time the appellant had moved to the Isle of Man. The respondent obtained the transfer of the proceedings from the county court to the English High Court, and then proceeded to register the judgment in the Isle of Man under the Judgments (Reciprocal Enforcement) (Isle of Man) Act 1968, section 4(I).

 

The appellant applied to set aside the registration, on the basis that the judgment had not been “given in the superior courts” in England, as required under section 1 of that Act, since “superior courts” were defined so as to exclude county courts in England. It will be observed that the wording of the equivalent Jersey legislation is identical in this respect, and that it was precisely this submission which found favour with the Royal Court in Hardwick. However, both at first instance and on appeal, the Isle of Man courts took the view that, once the judgment of the county court had been transferred to the High Court for the purposes of being enforced, such a judgment was for the purposes of the Manx legislation relating to enforcement a judgment of the High Court in England, and the registration was accordingly valid."

[POCA]

Precisely. So orders for final sums from both courts can be enforced, albeit a CC one has to be registered at the HC.

[lookinforinfo]

Not quite sure how you can say "precisely" when this is what you said on a

previous post-

"Both County Court and Crown Court Orders for final sums can be enforced in the Isle of Man or Channel Islands under the Judgments (Reciprocal Enforcement) Act 1933. See County Court Rule 35.CCR ORDER 35*-- ENFORCEMENT OF COUNTY COURT JUDGMENTS OUTSIDE ENGLAND AND WALES "

And your post was in response to my previous post stating that County Court judgements cannot be enforced unless the judgement is transferred to the

High Court, thus implying that my post was incorrect.

 

C'mon POCA, you have to let me win once in a while. lol

[POCA]

"you win".

 

Feel better?

[lookinforinfo]

Sorry Sharpey, we have rather taken over your thread. The upshot is that

though the answer is yes, if the initial claim comes via the County Court, you

can appeal, but they are free [if they know]to have the judgement

transferred to the High Court. This will delay proceedings by a month or

two.

The same rules apply in Jersey, as it says in the explanation, the wording

in THe IOM is the same as Jerseys'.

That is not to say that Guernsey and Alderney are the same since they have

a different set of laws again.

[lookinforinfo]

I missed what you deleted. You could have left it cos' I can take a joke. In

fact I only came back with the precisely post for a laugh. And it didn't even

get that. lol