Guernsey Legal Resources
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No in Annual Series
Guernsey Judgment 1/2001 18.01.2001Seymour and Clarkson v MacDonald and Four OthersRoyal CourtCivil Procedure—discovery—challenging discovery—may challenge scope of disclosure by applying for affidavit confirming that discovery obligations fully complied with—confirmation creates presumption that discovery complete but rebuttable by counter-affidavit showing that disclosure prima facie incomplete—court may then order further and better discovery supported by affidavit which is conclusive and beyond further challenge.
Guernsey Judgment 2/2001 18.01.2001Silver Falcon Enterprises Limited and Saffouri v E.D.D Cochrane J.R.C. Cochrane, S.D. Cochrane and U.P. Cochrane Royal CourtCivil Procedure—dismissal for want of prosecution—delay—inordinate and inexcusable delay, before and after cause placed on Roll, of 22 months sufficient to justify striking out claim if serious prejudice to defendants/substantial risk that fair trial impossible—court may rely on aggregate of several shorter delays—substantial prejudice/risk of unfairness if delay exacerbates fading memories of trial witnesses—delay caused by illness potentially excusable—delay caused by defendant's failure to agree revised pleadings not excusable if plaintiff could have remitted matter to court for further directions, as onus on him to advance case.
Guernsey Judgment 3/2001 06.07.2001Trinity Investments Limited and Charroterie Developments Limited v Longport Properties Limited Court of AppealCivil Procedure—judgments and orders—summary judgment—no summary judgment if defendant shows fairly arguable defences. Land Law—contract of sale—conditions precedent—bornement—arguable that vendor's failure to obtain bornement (a parochial building condition) by specified date not breach of contract for sale of land if results from purchaser's non-cooperation.
Guernsey Judgment 4/2001 24.07.2001Shamurin v Base Metal Trading Limited, Y. Zhivilo and M. ZhiviloRoyal CourtConflict of Laws—jurisdiction—forum conveniens—burden of proof—defendant disputing jurisdiction to show prima facie that Guernsey not appropriate forum and alternative forum clearly more appropriate—burden then on plaintiff to present cogent evidence that proceedings should not be stayed, as will not obtain justice in alternative forum.
Guernsey Judgment 5/2001 03.08.2001The Law Officers of the Crown v HarveyRoyal CourtCriminal Law—insanity—M'Naghten Rules—test for responsibility of insane offender set out in M'Naghten Rules to be followed in Guernsey, i.e. such defect of reason, from disease of mind, that did not know nature or quality of act or that act wrong—Rules not contrary to European Convention, art. 5(1)(e) prohibition on unlawful detention Criminal Law—diminished responsibility—application—test for diminished responsibility as under English Homicide Act 1957, s.2 to be followed, i.e. such abnormality of mind that mental responsibility substantially impaired—English jurisprudence to be followed. Criminal Law—diminished responsibility—burden of proof—defendant bears burden of proving diminished responsibility on balance of probabilities.
Guernsey Judgment 6/2001 10.09.2001Stuart-Hutcheson v Spread Trustee Company LimitedRoyal CourtTrusts—costs—indemnity—under Trusts (Guernsey) Law 1989, s.65, court may award costs out of trust property to trustee or others applying on point of construction or administration—in case of others, application to be for benefit of estate and would have justified application by trustee—normal rules apply and no costs out of trust property if beneficiary's application hostile and adverse to trustees or other beneficiaries.
Guernsey Judgment 7/2001 13.09.2001In the Matter of the Estate of Ackrill Royal CourtConflict of Laws—domicile—domicile of choice—rebuttable presumption that domicile of choice continues—abandoned by ceasing residence with no intention of permanently returning—proof of abandonment to be on balance of probabilities. Succession—costs—indemnity—potential beneficiaries entitled to costs out of estate to resolve deceased's domicile at time of death—although in form of adverse litigation, proceedings mutually beneficial in substance and decision required for proper administration of estate.
Guernsey Judgment 8/2001 19.11.2001Haug v Royal Bank of Canada Investment Management (Guernsey) LimitedRoyal CourtMental Health—curateur—recognition of foreign guardian—court may recognize foreign guardian to enable transfer of patient's Guernsey assets to foreign jurisdiction if in best interests of patient resident and domiciled there—subject to proper proof of appointment and scope of powers under foreign law—no need to appoint special guardian in Guernsey.
Guernsey Judgment 9/2001 20.11.2001Vardinoyannis v Ansol Limited and Eight OthersRoyal CourtConflict of Laws—jurisdiction—forum conveniens—stay of proceedings—Guernsey court has jurisdiction as of right over Guernsey company—plaintiff need not argue, at interlocutory stage, that Guernsey clearly most appropriate forum—only need to demonstrate good arguable case against Guernsey company and other necessary and proper parties to proceedings. Injunctions—freezing orders—duty of full and frank disclosure—duty in ex parte application for freezing order—if duty breached, court to deprive party of advantage obtained by non-disclosure—may discharge order without further assessment of merits, but to act proportionately and treat inadvertent non-disclosure more leniently than deliberate omission.