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2004

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No in Annual Series
Date
Parties
Court
Details
Guernsey Judgment 1/2004 26.02.2004Law Officers of the Crown v Christopher Thomas BullockRoyal CourtCriminal Appeal from the Magistrate's Court - conviction for wilful obstruction of police officer in the due execution of her duty
Guernsey Judgment 2/2004 27.02.2004Guernsey Press Company Limited v CrockerRoyal CourtEmployment Protection (Guernsey) Law, 1998 - employer's appeal from adjudicator's finding of unfair dismissal - relevance of post dismissal regulations for offering alternative employment - threat of withdrawal of redundancy offer
Guernsey Judgment 3/200417.01.2004Law Officers of the Crown v The Constables of Sark & GilmanRoyal CourtCriminal convictions - Court of the Seneschal of Sark - application by the law Officers to Royal court to quash convictions - Human Rights - Fishing (Sark) Ordinance, 1996 - summons lacking in detail and bad for duplicity - convictions quashed
Guernsey Judgment 4/200413.02.2004Foley v The States of Guernsey Housing AuthorityRoyal CourtHousing (Control of Occupation) (Guernsey) Law, 1994 - appeal from decision of the Authority - request by Appellant for statistics to be provided by the Authority - application to the Royal Court for directions - whether information sought was reasonable or relevant - application for that further information refused
Guernsey Judgment 5/200416.03.2004Strawn v Hemery Trustees LtdRoyal CourtCivil Action - Exceptions de Forme - further and better particulars - proceedings must be progressed to trial at a reasonable level of cost and within reasonably short time
Guernsey Judgment 6/200426.03.2004Hopkins v NRG DistributionRoyal CourtEmployment Protection (Gsy) Law, 1988 - employee's appeal from decision of Adjudicator - appeal confined to a question of law - procedure followed at the hearing before the Adjudicator - no error of law in the way the Adjudicator reached her conclusions - appeal dismissed
Guernsey Judgment 7/200431.03.2004Butt v BrannanRoyal CourtLaw Reform (Tort) (Guernsey) Law, 1979 - Civil Action - medical negligence claim - application for leave to amend pleadings - finding by Jurats on when the Plaintiff had acquired the relevant knowledge - subject to Section 8 of the 1979 Law, prescription took effect on 26th or 27th October 1999 - principles to be applied on application to amend - conditional leave granted to amend cause.
Guernsey Judgment 8/200420.04.2004Michelle Weaver v Law Officers of the CrownCourt of AppealImportation of Class A drug - sentence - 4100 tablets of MDMA - the Richards guidelines (2002) - starting point of 13 years - one third deduction for plea of guilty - whether disparity of sentence with co-accused - application for leave to appeal dismissed
Guernsey Judgment 9/200420.04.2004Stephen Pateman v Law Officers of the CrownCourt of AppealImportation of Class A drug - sentence - 5099 tablets of MDMA - the Richards guidelines (2002) - one quarter reduction for plea of guilty - drugs found in circumstances which left no real alternative than to plead guilty - no additional credit for facts revealed in social enquiry report - appeal dismissed
Guernsey Judgment 10/2004 20.04.2004Peter David Lofthouse v Law Officers of the CrownCourt of AppealImportation of Class B drug - sentence - nearly 4 kg of cannabis resin imported by applicant and co-accused - whether disparity of sentence - test to be applied - application dismissed
Guernsey Judgment 11/200421.04.2004Edward Michael Ratcliffe v Law Officers of the CrownCourt of AppealMagistrate's Court (Criminal Appeals) (Guernsey) Law, 1988 - unsuccessful application to the Royal Court for leave to appeal from conviction on a plea of guilty - decision of the Court of Appeal in Snowdon's appeal (1996) 22. GLJ 19, followed - appeal dismissed for want of jurisdiction
Guernsey Judgment 12/2004-Sarah Elizabeth Young v Law Officers of the CrownCourt of AppealTheft - appeal from conviction - the test as set out in the appeal of Ogier and Le Noury (1989) 7. GLJ - ample evidence on which the Jurats could have reached guilty verdicts - appeal dismissed
Guernsey Judgment 13/2004 22.04.2004IFS Investments Ltd v Manor Park (Guernsey) et alRoyal CourtTort - injunction proceedings - allegation of conspiracy etc. - application that certain interlocutory matters be heard in private - open justice a fundamental principle - circumstances in which a restriction on disclosure may be appropriate - application dismissed
Guernsey Judgment 14/200410.05.2004Brown v Orion Trust LtdRoyal CourtRoyal Court (Courts and Fees) Rules, 2000 - application by Defendant Trustee for taxation of full indemnity costs - Beddoe's applications had been granted - determination as to the costs which are now to be met from the trust assets
Guernsey Judgment 15/2004 20.05.2004Courtney et al v Alderney Building Company (1992) LtdRoyal CourtCourt of Alderney (Appeals) Law, 1969 - civil appeals from findings of fact by the Alderney Jurats - jurisdiction of the Ordinary Court - circumstances in which Ordinary Court properly composed by a judge sitting alone - contractual dispute - whether the original contract had been replaced by a compromise agreement - whether there was credible evidence upon which the Jurats could have reached their factual conclusions - both appeals dismissed
Guernsey Judgment 16/2004 28.05.2004Rothschild Trust Guernsey Ltd - re H Sossen 1969 SettlementRoyal CourtTrusts (Guernsey) Law, 1989 - trust deed omitted to provide for remuneration for a successor trustee - settler, since deceased, executed an indemnity in favour of the applicant as successor trustee - jurisdiction of the Royal Court on application to approve past remuneration and to verify the trust deed - factors to be taken into account - application granted
Guernsey Judgment 17/2004 06.01.2004Law Officers of the Crown v Ian Louis HutchinsonRoyal CourtCriminal appeal from the Magistrate's Court - convictions for driving at a speed dangerous to the public and failing to stop when ordered to do so - evidence as to the identity of the driver - appeals dismissed.
Guernsey Judgment 18/200411.02.2004Law Officers of the Crown v Kevin Peter MaugerRoyal CourtCriminal appeals from the Magistrate's Court - Protection of Children (Bailiwick of Guernsey) Law, 1985 - possession of indecent film of a child - as respects conviction the test was whether the decision was obviously and palpably wrong - appeal against conviction dismissed by the Deputy Bailiff - appeal against sentence subsequently dismissed by the Deputy Bailiff and Jurats
Guernsey Judgment 19/2004 21.04.2004A v ACourt of AppealMatrimonial Law - judicial separation by consent - unsuccessful application to Royal Court to set aside - Appeal to Court of Appeal - submissions that procedure unfair, terms unduly onerous and the decree a nullity - review of the law on judicial separation by consent - court needs to be satisfied that the proposed terms reflect the genuine desire of both parties - judicial separation by consent a well established procedure - appeal dismissed
Guernsey Judgment 20/200423.04.2004Law Officers of the Crown v Glen Michael NicolleRoyal CourtCriminal appeal from the Magistrates Court - conviction for breach of the peace, resisting police and assault on police - review of the evidence - ingredients of the offence of breach of the peace - whether the verdict was unreasonable or could not be supported having regard to the evidence - appeal dismissed
Guernsey Judgment 21/200401.06.2004Shamurin v Base Metal Trading Limited et alRoyal CourtRule 48 of the Royal Court (Civil) Rules 1989 - applications for security for costs - previous order on 9th March, 2004 that security be lodged, the proceedings to be stayed in the meantime - present applications for orders that unless security be lodged by the date fixed, the claims against the defendants shall be struck out - unless orders granted [See also Judgment 31/2004]
Guernsey Judgment 22/200408.06.2004Law Officers of the Crown v Roger Charles Hatwell & Michael Peter OgierRoyal CourtCriminal appeals from the Magistrates Court - sentences for driving having consumed excess alcohol - two appeals heard together - whether custodial sentence should be suspended - custody threshold for drink/driving offences - guidelines set - suspension of prison sentences imposed for drink/driving offences should be exceptional - circumstances of each offence, and the appellant's record, considered - both appeals dismissed
Guernsey Judgment 23/2004 11.06.2004IFS Investments Limited v Manor Park (Guernsey) LimitedRoyal CourtRule 36 of the Royal Court (Civil) Rules, 1989 - strike out application by the Fourth Defendant - whether no reasonable cause of action was disclosed - whether the action was an abuse of process - strike out application dismissed as respects the second alleged conspiracy and unlawful interference with the business interests of the Plaintiff and associated alleged loss - strike out application upheld in respect of the first alleged conspiracy, defamation and the claim for injunctive and declaratory relief. [See also Judgment 13/2004]
Guernsey Judgment 24/200411.06.2004Law Officers of the Crown v Luke James EllisRoyal CourtCriminal appeal from the Magistrates Court - sentence for permitting another to drive a motor vehicle without third-party insurance - special reasons alleged why driving licence should not be suspended - appeal dismissed
Guernsey Judgment 25/200415.06.2004Healthspan Limited v Healthy Direct LimitedRoyal CourtPassing off action between two Guernsey companies - an application to stay proceedings on grounds of forum non conveniens - principles to be applied - other available forum, availability of witnesses - lis alibi pendens - defendant seeking negative declaration before an English court - relevance of trademark dimension - application for stay refused - alternative dispute resolution should however be considered, rather than litigation
Guernsey Judgment 26/200415.06.2004B v BRoyal CourtMatrimonial cause - financial relief - matrimonial home, etc. - division of assets and maintenance of children
Guernsey Judgment 27/200416.06.2004C v CRoyal CourtMatrimonial cause - variation of maintenance - application for costs
Guernsey Judgment 28/200423.06.2004Universal Limos (Guernsey) Limited v Oilfield Consultants International LimitedRoyal CourtCivil appeal from the Magistrates Court- claim for rent under a tenancy agreement - whether tenant had given notice of termination - doctrine of constructive notice - appeal dismissed, save that the sum awarded was reduced from £1,400 to £1,050
Guernsey Judgment 29/200429.06.2004Jameel v Zerrouk, Zerrouk & Lloyds TSB Bank Offshore LimitedRoyal CourtFreezing order - Respondent's application for living expenses - need for full and frank disclosure, including overseas assets
Guernsey Judgment 30/200429.06.2004Jersey Fishermens Association Limited et al v States of GuernseyRoyal CourtSea Fish Licensing (Guernsey) Ordinance, 2003 - judicial review - whether ultra vires as respects British fishery waters between 3 and 12 miles from the relevant Guernsey - locus standi - delay - assistance of Policy Letters as travaux préparatoires - review of European Union, United Kingdom and Guernsey legislation - Guernsey not obliged under European law to introduce the licensing scheme - 2003 Ordinance held to be unlawful and of no effect
Guernsey Judgment 31/200401.07.2004Shamurin v Base Metal Trading Limited et alRoyal CourtSecurity for costs - "unless orders" made on 1st June, 2004 - Plaintiff's application for extension of time and leave to appeal - inadequate information from the Plaintiff - applications dismissed [See also Judgment 21/2004]
Guernsey Judgment 32/200408.07.2004States of Guernsey v Jersey Fishermens Association Limited et alCourt of AppealJudicial Review - Sea Fish Licensing (Guernsey) Ordinance, 2003 - upon judicial review, declared invalid - application that, pending appeal, the Ordinance be deemed effective within the three mile limit - balance of convenience - alternative tests of textual and substantial severance - application granted and Ordinance to have effect subject to Schedule of Deletions [See also Judgment 30/2004]
Guernsey Judgment 33/200415.07.2004D v DRoyal CourtMatrimonial cause - wife's application for vesting order and other financial relief - husband did not attend and unrepresented - grant of vesting order and ancillary relief.
Guernsey Judgment 34/200412.08.2004E v ERoyal CourtMatrimonial Law - wife/petitioner's application for ancillary relief - consideration of factors set out in Section 25 of the Matrimonial Causes Act 1973 as amended - detailed review of the petitioner's complaints about conduct - the ante-nuptial agreement - level of Advocates' fees incurred by the parties
Guernsey Judgment 35/200424.08.2004Pirito v CurthRoyal CourtCivil appeal from the Court of Alderney - order for eviction and interim vesting order - review of law on saisie - duties and obligations of the saisi hérédital - 'aids to navigation' for judicial law-making - leave granted to appeal out of time - appeal granted to extent that eviction order stayed to 30th September, 2004 and the making of the IVO postponed to 30th November, 2004, with leave to both parties to apply. [See also Judgment 23/2003]
Guernsey Judgment 36/200427.08.2004Castle Company Management LLC v Guernsey Financial Services CommissionRoyal CourtRegulation of Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick of Guernsey) Law, 2000 - refusal by Commission of application for licence to conduct business as a fiduciary in Sark - dismissal of appeal by the Court of the Sénéschal - appeal to the Royal Court - principles in considering unreasonableness set out in ¬Walters v States Housing Authority 1997 24, GLJ, 76 - all four issues raised before the Deputy Sénéschal were matters of law and procedure - whether consultation in Sark adequate, information gathered improperly, legitimate expectation of grant of a licence and Commission's decision not its own - appeal dismissed
Guernsey Judgment 37/200402.09.2004Dinning v Ferbrache et al (Ozannes)Royal CourtAction in tort - defendant's application that Ozannes, a firm of advocates, be restrained from acting for the plaintiffs in the substantive action - knowledge gained by advocate acting for a partner of the defendant in matrimonial proceedings - review of concepts of breach of confidence and misuse of private information - restraint order granted
Guernsey Judgment 38/200414.09.2004Bathurst v Kleinwort Benson (Channel Islands) Trustees Limited et alRoyal CourtTrusts (Guernsey) Law, 1989 - administration and supervision of "Guernsey trusts" and "foreign trusts" - powers of the Royal Court to supervise and, where necessary, intervene - nature of a beneficiary's right or claim to disclosure of documents
Guernsey Judgment 39/200415.09.2004A Limited and B Limited v HM ProcureurCourt of AppealCriminal Justice (Fraud Investigations) (Bailiwick of Guernsey) Law, 1991 - notice by HM Procureur requiring disclosure of information - appellants applied unsuccessfully to Royal Court for permission to inform the trust beneficiaries of the notice - 'tipping-off' offences provided for under the 1991 Law - duties of a trustee under the Trusts (Guernsey) Law, 1989 - appeal dismissed
Guernsey Judgment 40/200415.09.2004Law Officers of the Crown v Richard Peter BarnesCourt of AppealRape - applications for leave to appeal from conviction and sentence before the Royal Court - review of the requirements of a direction to a jury (or to Jurats) - no material misdirection - Jurats entitled to reach the conclusion which they did - no withholding by prosecution of any information which should have been disclosed to the defence at an earlier stage - application of the Millberry guidelines as to sentence - both applications dismissed
Guernsey Judgment 41/2004 20.09.2004International Steel & Tube Industries v MasoodRoyal CourtApplication for strike-out and/or dismissal, alternatively that proceedings be stayed - allegation of abuse of process - hearing date fixed for 23rd September, 2004 - applicant's application that that date be vacated -application for strike-out to go ahead as fixed on 23rd September, 2004
Guernsey Judgment 42/200401.10.2004IFS Investments Limited v Manor Park (Guernsey) Limited et alRoyal CourtAction in tort - strike out application by second defendant - whether the action disclosed no reasonable cause of action - legal principles in respect of strike out application under Rule 36 of the Royal Court (Civil) Rules, 1989 - "unless order" made - plaintiff to file application to amend the pleadings as regards the first conspiracy by 15th October, 2004, failing which the plaintiff's claim in that regard shall be struck out automatically
Guernsey Judgment 43/200406.10.2004In re Brownstone Insurance (Guernsey) LtdRoyal CourtCompanies (Guernsey) Law, 1994 - Insurance Business (Bailiwick of Guernsey) Law, 2002 - liquidator's application for directions - admissibility of affidavits by arbitrators in civil trial pending before the Lieutenant Bailiff and Jurats - Loi relative aux Preuves, 1855 - Royal Court Civil Rules, 1989, Rule 43 - affidavits in the form submitted ruled to be inadmissible
Guernsey Judgment 44/2004 14.10.2004Henry v VelosoRoyal CourtCivil appeal from the Magistrate's Court - dismissal of claim for £736.66 in respect of damage to a motor cycle - general duty on a judge or magistrate to give reasons for his decision - review of the Guernsey and English authorities - appeal dismissed
Guernsey Judgment 45/200415.10.2004Law Officers of the Crown v Jamie Wai Con PangRoyal CourtCriminal appeal from the Magistrates Court - sentence - supply of cannabis resin to another - whether disparity in sentence - co-offender had benefited from prosecution error misstating the weight of resin as 2.88 grams instead of 2.88 ounces - disparity arising from such an error would not give rise to an objectionable and justifiable grievance - appeal dismissed
Guernsey Judgment 46/200418.10.2004In re X and the Registrar of the Ecclesiastical Court of the Bailiwick of GuernseyRoyal CourtGrant of probate by the Ecclesiastical Court - Law Reform (Miscellaneous Provisions) Guernsey Law, 1987 - Ecclesiastical Court (Jurisdiction) Bailiwick of Guernsey) Law, 1994 - application for disclosure of information held by the Registrar - heard ex parte - application granted
Guernsey Judgment 47/200420.10.2004Island Star Limited v John Reid & Son (Structsteel)Royal CourtContract for building works - dispute over variation - Exception de forme in Plaintiff's Replique and Counterclaim - whether "playing games with pleadings" - principles as to the functions of particulars
Guernsey Judgment 48/200428.10.2004Law Officers of the Crown v David WilsonRoyal CourtCriminal appeal from the Magistrate's Court - assault, driving in a manner dangerous to the public and criminal damage - review of the evidence - test is whether the Magistrate's decision was obviously and palpably wrong - appeal dismissed
Guernsey Judgment 49/200428.10.2004G v GRoyal CourtMatrimonial Law - wife/petitioner's application for maintenance and lump sum by way of ancillary relief
Guernsey Judgment 50/2004 29.10.2004Duquemin & Duquemin v Dunstan Investments LimitedRoyal CourtReal Property (Reform) (Guernsey) Law, 1987 - Loi relative à la Prescription Immobilière, 1909 - customary law of servitudes - application for rulings on preliminary issues of law
Guernsey Judgment 51/200429.10.2004Carpenter v Administrator of Income TaxRoyal CourtIncome Tax (Guernsey) Law, 1975 - plaintiff had successfully appealed to the Royal Court from a decision of the Guernsey Tax Tribunal (see Judgment 65/2003) - plaintiff's application for interest on the tax paid - whether this was pre-judgment interest under the Judgments (Interest) (Bailiwick of Guernsey) Law, 1985 - whether the Royal Court was functus officio - held not to be an appropriate case where a supplemental order for pre-judgment interest should be made
Guernsey Judgment 52/200402.11.2004In re Triangle Loans Trust - Rysaffe Trustee Company (CI) Limited v Hexagon Trust Company (CI) LimitedRoyal CourtProceedings between trusts - trustee companies in common ownership - application by Rysaffe for direction to implement a proposed compromise of these proceedings - challenged by the beneficiaries of the Triangle Loans Trust - application granted
Guernsey Judgment 53/200403.11.2004President of the States of Equatorial Guinea et al v Royal Bank of Scotland International Limited et alRoyal CourtNorwich Pharmacal disclosure order - application inter partes - Intervenor's application for discharge or stay of ex parte order made on 30th April, 2004 - held that the Royal Court is not precluded, in principle, from granting Norwich Pharmacal relief when no substantive proceedings are contemplated in Guernsey - exercise of discretion - order of 30th April stayed - Plaintiffs must consider what mechanisms might be put in place to give the Court control over information if it were to be disclosed
Guernsey Judgment 54/2004 12.11.2004Van Leuven et al (Ozannes) v Virani & ViraniRoyal CourtCivil action fixed for 7th February, 2005 - directions as to timetable set on 22nd October, 2004 - Defendants' application for extension of time - whether religious festivals or fasting, or illness of a party, were factors which should be taken into account - timetable adjusted - existing trial date confirmed
Guernsey Judgment 55/200412.11.2004Bathurst v Kleinwort Benson (Channel Islands) Trustees Limited et alRoyal CourtTrusts (Guernsey) Law, 1989 - applications for further stay in which to provide trust accounts - granted until 7th January, 2005
Guernsey Judgment 56/2004 19.11.2004De Carteret v States of GuernseyRoyal CourtAction alleging negligence - oil on the highway - Exceptions de Fond - extent of the States' liability at common law - distinction between misfeasance and nonfeasance - distinction between police and highway authority
Guernsey Judgment 57/200422.11.2004F v FRoyal CourtMatrimonial law - contested divorce - wife/petitioner's complaint of unreasonable behaviour - provisional decree of divorce granted
Guernsey Judgment 58/200423.11.2004H v HRoyal CourtMatrimonial law - further orders and directions relating to implementation of orders for ancillary relief - application for leave to appeal to Court of Appeal from judgment dated 28th July, 2004 - principles to be applied - leave refused
Guernsey Judgment 59/200406.12.2004Mourant v FergusonRoyal CourtLaw Reform (Tort) (Guernsey) Law, 1979 - medical negligence claim - cause of action time barred under section 5 - application for leave to proceed notwithstanding - the relevant legal principles - affidavit evidence considered - reason for delay - balancing exercise - leave granted to proceed
Guernsey Judgment 60/200415.12.2004(1) Webster (2) Singleton, v Chairman of the Parole Review CommitteeRoyal CourtParole Review Committee (Guernsey) Law, 1989 - judicial review of refusal to grant parole - Wednesbury unreasonableness alleged - legislative framework for parole - history of the legislation reviewed - lack of statutory guidance to the Committee - relevance of changes in English legislation - human rights issue - applications refused - need for Home Department to review the parole system in light of this judgment
Guernsey Judgment 61/2004 16.12.2004Law Officers of the Crown v Robin John HutchinsonCourt of AppealDrug Trafficking (Bailiwick of Guernsey) Law, 2000 - appeal from confiscation order in the sum of £89,033 made by the Royal Court - assessment of proceeds of drug trafficking - issues of fact to be decided by the Jurats - civil standard of proof applicable - appeal dismissed - delivery of reasons for the Jurats' verdict or verdicts on applications for confiscation orders - concern at expenditure on legal aid
Guernsey Judgment 62/200416.12.2004 Ferbrache et al (Ozannes) v DinningCourt of AppealAppeal from order restraining Advocates from acting (See Judgment 37/2004) - position of advocate acting both for the plaintiffs in an action against the present respondent, and for a former partner of the respondent in matrimonial proceedings - restraint order set aside on conditions - firm permitted to continue to act for the plaintiffs but the advocate in question to take no part, directly or indirectly in the substantive action
Guernsey Judgment 63/2004 09.11.2004Castle Company Management LLc Limited v Guernsey Financial Services CommissionCourt of AppealRegulation of Fiduciaries, Administration Businesses and Company Directors, etc., (Bailiwick of Guernsey) Law, 2000 - appeal from dismissal of appeal to the Royal Court (See Judgment 36/2004) - appeal dismissed
Guernsey Judgment 64/200422.12.2004I v IRoyal CourtMatrimonial law - application for ancillary relief - house and capital payment the crux of this case.
Guernsey Judgment 65/200430.12.2004Angenent v PringRoyal CourtPersonal injuries claim - plaintiff's application for interim payment of £50,000 - present judgment limited to the issue of jurisdiction of the Royal Court to order such a payment - held that the Court has no inherent jurisdiction to order such a payment - desirable that provision should be made for an interim payment regime
Guernsey Judgment 66/2004 31.12.2004Warden v Fermain Legal Services LimitedRoyal CourtEmployment Protection (Guernsey) Law, 1998 - appeal from decision of Adjudicator rejecting an employee's complaint - whether complaint had been filed within one month of the effective date of termination of his employment - matter should not have been disposed of by way of a preliminary issue - remitted for hearing before a different Adjudicator
Guernsey Judgment 67/2004 08.07.2004Joe Willis de Garis v Law Officers of the CrownCourt of AppealGrievous bodily harm - appeal against sentence - no general principle that a young person must necessarily receive a shorter sentence - appeal refused
Guernsey Judgment 68/200408.07.2004Marcio Manuel Moniz Martins v Law Officers of the CrownCourt of AppealPossession of Class A drug with intent to supply - application for leave to appeal against sentence - whether simply a custodian rather than a courier - leave refused
Guernsey Judgment 69/200408.07.2004Garth Young v Law Officers of the CrownCourt of AppealImportation of Class A drugs - application for leave to appeal against sentence - contention that drug was for personal consumption - not an extenuating circumstance, except in very small quantities - leave granted - appeal dismissed
Guernsey Judgment 70/200416.04.2004Guernsey International Trustees Ltd & Bennett v ViraniRoyal CourtTaxation of costs in Royal Court and Court of Appeal proceedings - Royal Court (Costs and Fees) Rules, 2000 and Court of Appeal (Civil Division) (Costs and Fees) (Guernsey) Rules, 1964 - full and partial indemnity principle - litigant in person not entitled to recover an allowance for time spent in preparing or presenting his case - travel costs from Kenya and living expenses in the UK while pursuing the litigation - recovery of retainer fees charged by Kenyan Advocates