Jersey Royal court worried about crime and will, in the public interest, publish its judgment
06/10/2021
The Jersey Royal Court sat on 14th July 2021 to hear an argument about whether or not it was empowered to give [and publish] its judgment in this case [Hore v Valmorbida] and, if it was authorised, whether it should exercise its discretion to do so.
And the last few paragraphs in this case [Hore v Valmorbida 30-Sep-2021] make for interesting reading:
- Accordingly, we were unanimously of the view that it was in the public interest for a judgment to be delivered in this case.
- 51. In addition to the matters ventilated in argument which we have set out above, the Jurats, in retirement, expressed the view that Mr Valmorbida appears still to own companies in Jersey and has service providers looking after his interests.
It is important that they know of the findings that the Court has made in this case.
- 52. We do not know the extent to which the regulator is aware of the activities of Mr Valmorbida and the extent to which, if at all, the assets of the company may be the proceeds of, or connected to, crimes committed by Mr Valmorbida, should it be the case that any of these activities amount to crimes.
There were certainly significant concerns arising from the evidence in relation to:
- Mr Valmorbida’s tax status and
- His attempts, on the evidence of the Plaintiff (which we accepted), to disguise his tax residence.
- 53. In conclusion, we have no doubt that it is in the public interest to publish a judgment in this case.
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.