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2003

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No in Annual Series
Date
Parties
Court
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Guernsey Judgment 1/200317.12.2002In Re C (an infant)Royal CourtMatrimonial proceedings - status of Court Welfare report - disclosure to Court Welfare officer of Court in the foreign jurisdiction - need for agreement of parties - comity between courts.
Guernsey Judgment 2/200331.12.2002Grangehurst Limited v Island Development CommitteeRoyal CourtIsland development - appeal - change of use of dwelling to office - Urban Area Plan - policies set out in OBS1 and OBS2 - whether Committee precluded from considering application.
Guernsey Judgment 3/200331.12.2002Kleinwort Benson (Guernsey) Trustees Limited et al v Wilson et alRoyal CourtTrusts (Guernsey) Law, 1989 - payment by settlors of UK capital gains tax - whether the trustees are obliged to indemnify the settlors - relevance of rule against enforcement of penal revenue or other public law liabilities of another state.
Guernsey Judgment 4/200321.10.2002Holland v HM Procureur et alRoyal CourtCriminal Justice (Fraud Investigation) (Bailiwick of Guernsey) Law, 1991 - notice issued by HM Comptroller - judicial review of actions by Law Officers - information to be provided when notice issued.
Guernsey Judgment 5/200315.11.2002Kirk v Law Officers of the CrownRoyal CourtInquest verdict - application to Royal Court for judicial review - flawed evidence before the Magistrate - verdict quashed and fresh inquest ordered.
Guernsey Judgment 6/200309.01.2003Colin Stephen Woodford v Law Officers of the CrownCourt of AppealImportation of Class A drug - application of sentencing guidelines.
Guernsey Judgment 7/200309.01.2003Robin John Hutchinson v Law Officers of the CrownCourt of AppealImportation of Class B drugs - application of sentencing guidelines - previous conviction.
Guernsey Judgment 8/200309.01.2003Heather Helena Guest v Law Officers of the CrownCourt of AppealSuffering smoking of Cannabis resin on licensed premises - appeal from conviction before Magistrate's Court - statutory test to be applied - Section 25(1) of the Court of Appeal (Guernsey) Law, 1961.
Guernsey Judgment 9/200309.01.2003Ashton v Ansol LimitedCourt of AppealFreezing and disclosure orders - main action in Guernsey and ancillary dispute in England - anti-suit injunction - relevant principles in considering restoration and continuance.
Guernsey Judgment 10/200310.01.2003Roger v RogerCourt of AppealRight to occupy real property - desirability of giving reasons for determination - this course not open to the Royal Court - effect of Section 6(1) of the Royal Court of Guernsey (Miscellaneous Reform Provisions) Law, 1950 - reliance on proprietary estoppels - need for an "analysis of fairness".
Guernsey Judgment 11/200304.12.2002Virani v Guernsey International Trustees Limited et al Court of AppealTrusts (Guernsey) Law, 1989 - power of the protector to remove trustees - applications for declaration that trustees had been removed and for order to transfer assets - application by trustees for security and indemnities - appeal from (i) interlocutory order as to costs and (ii) stay of proceedings.
Guernsey Judgment 12/200313.02.2003Beetle Holdings Limited et al v Perrot et alRoyal CourtAdvocate - conflict of interest - confidential information acquired in previous employment - risk of inadvertent disclosure - injunction to restrain from acting.
Guernsey Judgment 13/200313.02.2003Technocom Limited v Rosscomm Limited & Klabin Royal CourtCompanies (Guernsey) Law, 1994 - s 67A and 75 - allegation of wrongful conduct by director to the prejudice of the applicant - grant of interlocutory injunction - principles to be adopted by the Court.
Guernsey Judgment 14/200331.10.2002A v ARoyal CourtMatrimonial cause - application by both parties for discovery and further and better particulars - relevance of Rules 44(c) and 56 of the Matrimonial Causes Rules - legal professional privilege - whether the questions as to discovery etc. could not have been settled by correspondence between Counsel.
Guernsey Judgment 15/2003---Number not allocated
Guernsey Judgment 16/200331.10.2002B v BRoyal CourtMatrimonial cause - application to give effect to an agreement between the parties that net assets injuncted be shared equally - whether this is equivalent to "an interim lump sum order".
Guernsey Judgment 17/200302.04.2003Russell & Caine v Gillespie & FordRoyal CourtLand law - grant by will of right of way - subsequent conveyance - servitude réelle - whether the servitude ran with the land.
Guernsey Judgment 18/200311.04.2003Charles John Bond v Law Officers of the CrownCourt of AppealImportation of Class B Drugs - co-accused - disparity of sentence - tests to be applied - skeleton argument must be precise as to claimed disparity and how it arose.
Guernsey Judgment 19/200311.04.2003Michael Boocock v Law Officers of the CrownCourt of AppealImportation of Class B drugs - sentence - appellant warned that Court might find his explanation incredible without evidence on oath - declined to give evidence.
Guernsey Judgment 20/200310.04.2003Christopher Richard Hunt v Law Officers of the CrownCourt of AppealImportation of Class B drugs - sentence - application of Richards guidelines - whether "something more than a basic mule" - limited value of the plea of guilty.
Guernsey Judgment 21/200310.04.2003Paul Sebastian Reynolds v Law Officers of the CrownCourt of AppealPossession of Class B drug with intent to supply - relevance to sentence of the drug trafficking report - all evidence in the trial could properly be taken into account - whether a specific sentencing policy in another jurisdiction is relevant in Guernsey.
Guernsey Judgment 22/200311.04.2003Christopher Mark Coleman v Law Officers of the CrownCourt of AppealBlackmail - co-accused - disparity of sentence.
Guernsey Judgment 23/200310.04.2003Pirito v CurthCourt of AppealLand - severance of joint interests - Alderney Land and Property, etc, Law, 1949 - appeal from decision of Court of Alderney - whether property was held in equal undivided shares - intention of the parties - whether equitable "presumptions" should be imported from English Law.
Guernsey Judgment 24/200318.03.2003Guernsey International Trustees Limited & Bennett v Virani Court of AppealTrust (Guernsey) Law, 1989 - Respondent's application for leave to appeal to Judicial Committee of the Privy Council - adjournment refused - criteria for grant of leave to appeal - whether discretion as to costs correctly exercised - whether the Respondents had legitimate interest in challenging the declaration of their removal as Trustees.
Guernsey Judgment 25/200308.07.2003Michael Alexander Shakespeare v Law Officers of the CrownCourt of AppealImportation of Class A drugs - conviction - evidence of co-accused - adequacy of direction as to corroboration - whether evidence was intrinsically credible - whether sentence manifestly excessive.
Guernsey Judgment 26/200308.07.2003Arron Help v Law Officers of the CrownCourt of AppealFirearms - unlawful possession and transfer - appeal from suspended sentence of youth detention - whether custodial sentence appropriate.
Guernsey Judgment 27/200308.07.2003Danny Joseph Culhane v Law Officers of the CrownCourt of AppealImportation and possession of Class A drugs - sentence - whether starting point appropriate.
Guernsey Judgment 28/200308.07.2003Philip Joseph Hartzenberg v Law Officers of the CrownCourt of AppealImportation of Class A and possession of Class B drugs - sentence - whether starting point appropriate.
Guernsey Judgment 29/200308.07.2003Paul Roper v Law Officers of the CrownCourt of AppealImportation of Class A and Class B drugs - sentence - co-accused - whether disparity of sentence.
Guernsey Judgment 30/200306.02.2003In re the estate of Anthony Quentin GambleRoyal CourtTrusts (Guernsey) Law, 1989 - rectification of the original deed of variation of will - principles to be applied.
Guernsey Judgment 31/200304.04.2003Macaulay & Grater v Grater & Bristol & West International LtdRoyal CourtHusband and Wife (Joint Accounts) (Guernsey) Law, 1966 - relationship between banker and customer - intentions of joint account holders - right to sever a joint interest - compelling evidence necessary to rebut statutory presumption of survivorship.
Guernsey Judgment 32/200310.04.2003Perrot et al v Beetle Holdings et alCourt of AppealAdvocate - duty of confidentiality - move of busy litigator to another firm acting for opposing parties - injunction application by former clients - relevant principles - whether there is a real risk of disclosure or misuse - undertakings to be given by the Advocate and by his new firm. (See also Judgment 12/2003)
Guernsey Judgment 33/200308.05.2003Gilliham v NRG Benelux BV Royal CourtApplication for postponement of civil hearing - factors to be considered.
Guernsey Judgment 34/2003 16.05.2003Technocom Ltd v Roscomm Ltd & KlabinRoyal CourtException de fond - forum non conveniens - conjoined application for stay pending determination of English arbitration - principles to be applied.
Guernsey Judgment 35/2003 22.07.2003In re The Foster Will TrustRoyal CourtTrust (Guernsey) Law, 1989 - bequest to Rector and Churchwardens of the Town Church - application to vary terms of trust under s.55.
Guernsey Judgment 36/2003 01.08.2003Virani v Guernsey International Trustees Ltd & BennettRoyal CourtTrusts (Guernsey) Law, 2003 - presentation by litigants in person - trustees' claim for remuneration and/or fees under s.30 - legal expenses incurred by trustees - distinction between Beddoes type application and contentious application - requirement to keep accounts under s.21 (see also judgments 11/2003 and 24/2003).
Guernsey Judgment 37/200322.04.2003Gilliham v NRG Benelux BVRoyal CourtRoyal Court Civil Rules, 1989 - application for discovery - document referred to in a without prejudice letter.
Guernsey Judgment 38/2003 07.05.2003R. Durtnell & Sons Ltd v Kaduna Ltd & Bank of Bermuda (Guernsey) LtdRoyal CourtFreezing order - subsequently lifted by consent - respondent's application for full indemnity costs - whether the original order should have been granted - principles to be applied.
Guernsey Judgment 39/2003 23.05.2003Hammerschmidt & Kells Worldwide Ltd v Barclays Bank plcRoyal CourtRoyal Court Civil Rules, 1989 - defendant's application for discovery prior to filing of defences - principles to be applied.
Guernsey Judgment 40/2003 06.06.2003Colfer v Carey Langlois Trust Company Ltd et alRoyal CourtExceptions de Forme - Royal Court Civil Rules, 1989 - further and better particulars - rulings on requests outstanding.
Guernsey Judgment 41/2003 09.06.2003R. Durtnell & Sons Ltd v Kaduna Ltd & Bank of Bermuda (Guernsey) LtdRoyal CourtCourt of Appeal (Guernsey) Law, 1961 - application for leave to appeal from interlocutory decision - factors to be considered - whether the decision from which it was proposed to appeal was discretionary. (see also judgment 38/2003)
Guernsey Judgment 42/2003---Number not allocated
Guernsey Judgment 43/2003 01.07.2003Barrett & Barrett v Island Development Committee & Osprey Developments Ltd (Third Party)Royal CourtIsland Development (Guernsey) Law, 1966 - grant of preliminary declaration - application for leave to appeal or judicial review - Strategic and Corporate Plan and Rural Area Plan Phase 2 - whether the decision of the Committee was demonstrably wrong - matters taken into account by the Committee.
Guernsey Judgment 44/2003 03.11.2003Bath Ltd v Administrator of Income TaxRoyal CourtIncome Tax (Guernsey) Law, 1975 - appeal by way of case stated from Guernsey Tax Tribunal - whether profit on proceeds of sale of preference shares properly assessable to tax - distinction between income receipt and capital receipt - procedure followed by the Tribunal.
Guernsey Judgment 45/2003 03.11.2003Seed International Ltd v Tracey et alRoyal CourtLaw Reform Miscellaneous Provisions (Guernsey) Law, 1987 - freezing and disclosure orders - application to set aside - substantive proceedings to be held in the Netherlands - criteria for grant of Mareva relief - whether good arguable case, risk of dissipation and just and convenient to grant the relief sought - courts will take into account the evolution of commerce and finance.
Guernsey Judgment 46/2003 15.08.2003Leymar Ltd v Island Development CommitteeRoyal CourtIsland Development (Guernsey) Law, 1966 - application to change from tourist accommodation to permanent residential accommodation - appeal to the Royal Court - relevance of Strategic and Corporate Plan and Rural Area Plan Phase 2 - apparent self misdirection of the Committee - lack of evidence before the Committee and delay - appeal allowed and matter remitted to the Committee for a fresh application to be made.
Guernsey Judgment 47/2003 25.09.2003Darryl Tawiah v Law Officers of the CrownCourt of AppealCriminal law - sentence - appeal to Court of Appeal - importation of Class B drugs - degree of criminality more relevant than amount of drugs imported - appropriate starting point - whether objectionable disparity of sentence.
Guernsey Judgment 48/2003 25.09.2003Fanzisai Andrew Peter Zvirawa v Law Officers of the CrownCourt of AppealCriminal Law - sentence - appeal to Court of Appeal - importation of Class B drugs - degree of criminality more relevant than amount of drugs imported - appropriate starting point.
Guernsey Judgment 49/2003 25.09.2003Murfitt v States of Alderney Court of AppealEviction - appeal from the Court of Alderney - application for stay pending application to European Court of Human Rights.
Guernsey Judgment 50/2003 25.09.2003Smith v SlawtherCourt of AppealLand - boundary dispute - appeal dismissed by Court of Appeal in 1998 - Application for leave to appeal to the Judicial Committee of the Privy Council - must be made within a reasonable time.
Guernsey Judgment 51/2003 25.09.2003Smith v Helmot & HelmotCourt of AppealLand - boundary dispute - appeal dismissed by Court of Appeal in 1998 - Application for leave to appeal to the Judicial Committee of the privy Council - must be made within a reasonable time.
Guernsey Judgment 52/2003 18.12.2003Howard Roy Coleman v Law Officers of the CrownCourt of AppealMagistrate's Court (Criminal Appeals) (Guernsey) Law, 1988 - application for leave to appeal from conviction before Court of Alderney - driving motor vehicle after consuming excess alcohol - the verdict was supported by the evidence and was not obviously and palpably wrong.
Guernsey Judgment 53/2003 18.12.2003Island Development Committee v Lainé & LainéCourt of AppealIsland Development (Guernsey) Laws, 1966 to 1990 - Rural Area Plan (Phase 1) - appeal by IDC from decision of the Royal Court - relevant test of unreasonableness to be applied by the Royal Court - margin of appreciation to be allowed to IDC - jurisdiction of the Court of Appeal - adequacy of directions given to Jurats - unlawful extension of the garden did not extend the cartilage of the dwelling for the purpose of applying the policies of the Plan - Jurats should indicate the basis on which they found a decision of the IDC to be reasonable or unreasonable.
Guernsey Judgment 54/2003 18.12.2003Barrett & Barrett v Island Development Committee & Osprey Investments LimitedCourt of AppealIsland Development (Guernsey) Laws, 1966 to 1990 - appeal from refusal by Royal Court of application for leave to appeal or judicial review - nature of a preliminary declaration - relevant policies under Rural Area Plan (Phase 2) - IDC did not have sufficient information to enable it reasonably to conclude that the eventual application for planning permission was likely to be granted - preliminary declaration set aside.
Guernsey Judgment 55/2003 18.12.2003Seed International Limited v Tracey et alCourt of AppealLaw Reform (Miscellaneous Reform Provisions) (Guernsey) Law, 1987 - Mareva injunction freezing bank accounts in Guernsey - substantive proceedings commenced in the Netherlands - allegations of fraud - appeal from order by Royal Court for disclosure of information by the bank - jurisdiction of the Royal Court to make a disclosure order, ancillary to a freezing order, is not limited to support of proprietary claims - disclosure order may be made with an ambit wider than that of the associated freezing order.
Guernsey Judgment 56/2003 18.12.2003Daniel David Henderson v Law Officers of the CrownCourt of AppealImportation of Class A drug - sentence - co-accused - starting point should have reflected appellant's lesser degree of involvement.
Guernsey Judgment 57/2003 18.12.2003Smith v CornellCourt of AppealAppeals from eviction order, injunction and summary judgment as to costs - appellant's claim to ownership based on a verbal conveyance and uninterrupted possession for more than twenty years - criteria for award of costs on full indemnity basis - criteria for summary judgment.
Guernsey Judgment 58/2003 09.12.2003Old Government House Hotel Limited v Island Development Committee & Mighty Mouse LimitedRoyal CourtIsland Development (Guernsey) Laws, 1966 to 1990 - building in course of construction - application for judicial review - grant by IDC of variation to previous planning permissions - remedy of judicial review is available in Guernsey - procedural framework for judicial review has yet to be established - present proceedings conducted on basis that the applicant must first obtain leave to pursue the remedy of judicial review - matter for judicial discretion - whether the IDC had acted unlawfully - other factors to be taken into account - application refused.
Guernsey Judgment 59/2003 09.10.2003Cantermerle Investments Limited v Durand Limited & JohnsonRoyal CourtCivil action - settlement - fulfilment of guarantee - delay - award of interest prior to judgment.
Guernsey Judgment 60/2003 18.12.2003Kaduna Limited v R Durtnell & Sons LimitedCourt of AppealContract - building works - award by adjudicator in England - freezing order made by Royal Court - order subsequently discharged - defendant (now the appellant) sought full indemnity costs - freezing and costs orders both matters of judicial discretion - circumstances in which appellate court would interfere with exercise of discretion - burden of proof lies on the plaintiff (now the respondent to the appeal) to show that an interim ex parte order was properly obtained - further pursuit of costs was unjustified - appeal dismissed.
Guernsey Judgment 61/2003 16.12.2003In re ZRoyal Court Matrimonial cause - pension rights of divorced women - Social Insurance (Guernsey) Law, 1978 as amended - cut off date of 31st December, 2003 - abridgment of 60 day period from the filing of the Petition.
Guernsey Judgment 62/2003 14.10.2003Thompson & Le Noury v Masterton & BourneRoyal Court Convention on Limitation of Liability for Maritime Claims, 1976 - whether the Convention limits liability for the costs of litigation.
Guernsey Judgment 63/2003 01.12.2003Thompson & Le Noury v Masterton & BourneRoyal Court Royal Court (Costs and Fees) Rules, 2000 - Convention on Limitation of Liability for Maritime Claims, 1976 - Claims for personal injuries and hull damage - applications for costs by the Plaintiffs against both Defendants and by the Second Defendant against the First Defendant - principles applicable to grant of indemnity costs - separate liability and quantum proceedings - procedure for hearing of expert evidence generally.
Guernsey Judgment 64/2003 22.12.2003Williams v WilliamsRoyal Court Award of money by Superior Court of the State of California - monies held in Guernsey - application for summary judgment - principles applicable to application to enforce a foreign judgment.
Guernsey Judgment 65/2003 31.12.2003Carpenter v Administrator of Income TaxRoyal Court Income Tax (Guernsey) Law, 1975 - appeal by way of case stated from Guernsey Tax Tribunal - whether in the circumstances of the case profit on the purchase and sale of a single property was assessable to income tax - badges which identify a transaction as an adventure in the nature of trade - procedure followed by the Tribunal - whether the Tribunal's finding was a true and reasonable conclusion open to it on the facts - principles of natural justice must be observed.