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2005

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No in Annual Series
Date
Parties
Court
Details
Guernsey Judgment 1/200504.01.2005Angenent v PringRoyal CourtPersonal injuries claim (see also Judgment 65/2004) - plaintiff's application for order that the parties provide joint experts' reports - no such provision in the Royal Court Civil Rules, 1989 - Guernsey and English authorities reviewed - held that the Court has no jurisdiction to make the order sought - variation of existing timetable for lodging of experts' reports, if so advised, by the plaintiff and defendant respectively.
Guernsey Judgment 2/200504.01.2005Angenent v PringRoyal CourtPersonal injuries claim (See also Judgments 65/2004 and 1/2005) - how the Royal Court would have exercised its discretion had it found there was jurisdiction to order an interim payment.
Guernsey Judgment 3/200517.01.2005Investec Trust (Guernsey) Limited (In re The Pelican Trust)Royal CourtTrusts (Guernsey) Law, 1989 - Trustee's application for rectification of deed of settlement - no provision in deed for express power to accumulate income - principles to be applied in considering rectification application.
Guernsey Judgment 4/200518.01.2005Law Officers of the Crown v (i) Andre Mercier (ii) Valerie MercierCourt of AppealCriminal appeal from the Magistrates Court - sentence - theft from shops - seven month concurrent sentences - appeals dismissed.
Guernsey Judgment 5/2005 18.01.2005Law Officers of the Crown v D L BougourdRoyal CourtCriminal appeal from the Magistrate Court - sentence - burglary of post office - six months' youth detention - appeal dismissed.
Guernsey Judgment 6/2005 20.01.2005Pirito v CurthCourt of AppealApplication for leave to appeal to Judicial Committee of the Privy Council (see Judgment 23/2003) - severance of joint interests in real property - appeals from the Court of Alderney to the Royal Court and from the Royal Court to the Court of Appeal had been dismissed - eviction and saisi proceedings - no time limit in the Court of Appeal (Guernsey) Law 1961 or elsewhere for seeking leave to appeal to the Judicial Committee - held that Court of Appeal has residual inherent power to refuse leave to appeal where pursuit of an appeal would involve serious abuse of process - leave refused - need for review of the provisions governing appeals to the Judicial Committee from the Court of Appeal.
Guernsey Judgment 7/200520.01.2005Goddard v Fosse Investments Limited et alRoyal CourtRoyal Court Civil Rules, 1989 - security for costs - application for adjournment of hearing granted.
Guernsey Judgment 8/200526.01.2005Norman Piette Limited v Hochtief Construction (UK) LimitedRoyal CourtActions in tort and quasi-contract - plaintiff's application for specific discovery - application granted.
Guernsey Judgment 9/200531.01.2005Kendrick v States of Guernsey Harbour MasterMagistrate's CourtPetty Debt action - personal injuries - claim in negligence - action dismissed
Guernsey Judgment 10/200502.02.2005Law Officers of the Crown v J J BabbeRoyal CourtCriminal appeal from the Magistrates Court - sentence - burglary, theft, etc., - exceptional mitigating circumstances - immediate custodial sentences replaced by probation order.
Guernsey Judgment 11/200508.02.2005A v ARoyal CourtMatrimonial cause - existing judicial separation order - wife's application for reduction of maintenance in respect of the two children of the marriage - applications for variation and remission of arrears dismissed.
Guernsey Judgment 12/200518.02.2005B v BRoyal CourtMatrimonial cause - husband's application for variation of Agreed Order - variation sought as respects maintenance of child of the marriage, lump sum and vesting of matrimonial home - issues of maintenance adjourned to a late date and other limbs of application refused.
Guernsey Judgment 13/200503.03.2005Law Officers of the Crown v M S ClarkeRoyal CourtCriminal appeal - sentence imposed by Magistrates Court - power to increase sentence on appeal - appeal dismissed.
Guernsey Judgment 14/200511.03.2005 and 12.05.2005Hill Samuel Offshore Trust Company Ltd (in re the Tubuoh Trust)Royal Court(i) Trust - proceedings against the original trustee (a company) in the English High Court - the business of the original trustee had been transferred to the present applicant, Hill Samuel - Beddoes application by Hill Samuel - adjourned sine die (ii) Trusts (Guernsey) Law, 1989 - Beddoes application by the trustee company - applicant directed to send a report to all the discretionary beneficiaries on the action taken and the extent of the indemnity sought - any application by a beneficiary, to restrain the trustee from paying out the monies, to be considered within eight weeks of posting of the report
Guernsey Judgment 15/200514.03.2005Re K (an Infant)Juvenile CourtChildren and Young Persons (Guernsey) Law, 1967 - application for Fit Person Order - proposal that K be moved to foster carers in England - Order granted and conditional leave to place K in foster care outside Guernsey
Guernsey Judgment 16/2005 29.03.2005Law Officers of the Crown v D A BishopRoyal CourtCriminal appeal from Magistrates Court - against sentence on three counts of burglary - totality principle - appeal allowed to the extent that the three sentences, each of two months, were varied so as to be concurrent rather than consecutive.
Guernsey Judgment 17/200505.04.2005Systems Design Limited et al v The President of the States of Equatorial Guinea et alCourt of AppealNorwich Pharmacal disclosure order - appeal from orders of the Royal Court - practice of applying for ex parte orders to be re-assessed - appeal allowed and application for Norwich Pharmacal disclosure dismissed - leave to appeal to the Judicial Committee refused. (See also Judgment 53/2004.)
Guernsey Judgment 18/200506.04.2005J L Seale v Law Officers of the CrownCourt of Appeal(i) Importation of Class B drug - appeal against conviction - adequacy of the summing up - no obligation on judge to put every point raised by the defence - appeal against conviction dismissed. (ii) Appeal against sentence - correct starting point of 9 years' imprisonment - insufficient allowance for time saved by Appellant's admissions - sentence reduced from 8 years 9 months to 8 years.
Guernsey Judgment 19/200507.04.2005Law Officers of the Crown v M R Brender & W G CeillamRoyal CourtTheft (Bailiwick of Guernsey) Law, 1983 - burglary and inflicting grievous bodily harm - need for a deterrent sentence - starting point set at four years' imprisonment, before allowing for any discount for guilty plea and any mitigation
Guernsey Judgment 20/200508.04.2005Bach v AmissRoyal CourtApplication for summary judgment/strike out of Defendant's claim - dispute between shareholders in trust company - effect of disclosure to the valuer of 'without prejudice' offer - premature to dismiss action without hearing evidence - issue of 'without prejudice' letter a matter for the Jurats - application dismissed.
Guernsey Judgment 21/200512.04.2005Dept of the Environment v Barrett & BarrettRoyal CourtRoyal Court (Costs and Fees) Rules, 2000 - Taxation pursuant to Order of the Court of Appeal (See Judgment 54/2003) - recoverable costs limited to judicial review and did not extend to the statutory appeal proceedings which preceded it - circumstances in which 'researching the law' can be recoverable cost - date of judgment from which interest recoverable as of right under the Judgments (Interest) (Bailiwick of Guernsey) Law, 1985.
Guernsey Judgment 22/200519.04.2005IFS Investments Limited v Manor Park (Guernsey) Limited et alRoyal CourtRoyal Court (Costs and Fees) Rules, 2000 - taxation - practice of Advocate being attended by legally qualified assistant in same firm not to be encouraged - general rule that fees of English counsel are not recoverable from the other party - Advocate's time spent on researching straightforward matters of Guernsey law not recoverable.
Guernsey Judgment 23/200525.04.2005Rothschild et al in re the Z TrustRoyal CourtDiscretionary trust - Beddoes application by trustees to defend proceedings in the Royal Court of Jersey - review of Beddoes jurisdiction and procedure - order granted
Guernsey Judgment 24/200526.04.2005IFS Investments Limited v Manor Park (Guernsey) Limited et alRoyal CourtRoyal Court Civil Rules, 1989 - defendants' applications for award of 'wasted' costs in respect of revised cause - costs to be on recoverable, not indemnity, basis.
Guernsey Judgment 25/200528.04.2005L v LRoyal CourtMatrimonial Causes Law (Guernsey) 1939 - wife's petition for divorce - applications, inter alia, for interim occupation order of the matrimonial home - whether such an order could be made in respect of a States tenancy - construction of sections 43 and 46 of the 1939 Law
Guernsey Judgment 26/200529.04.2005Administrator of the Social Security Authority v BeresfordRoyal CourtSocial Insurance (Guernsey) Law, 1978 - disqualification from receiving contribution credits - set aside by Social Insurance Tribunal - appeal by Administrator to Royal Court - Tribunal found to have erred in law.
Guernsey Judgment 27/200503.05.2005Hammerschmidt and Kells Worldwide v Barclays Bank plcRoyal CourtException de Fond - determination of relative priority of equitable interest in security/ies held by the First Plaintiff and the legal interest held by the Defendant.
Guernsey Judgment 29/200519.05.2005Law Officers of the Crown v N M TrebertRoyal CourtCriminal appeal from Magistrate's Court - driving in a manner dangerous to the public - appeal against sentence - driving disqualification reduced from 5 years to 3 years
Guernsey Judgment 30/200519.05.2005Law Officers of the Crown v K R BrookerRoyal CourtAppeal against sentence imposed by the Court of Alderney - assault - uncertainty as to the facts on which the Court of Alderney sentenced - appeal allowed to the extent that the sentence of one month's imprisonment, suspended for one year, was set aside.
Guernsey Judgment 31/200531.05.2005The Wessadah Foundation v Barings (Guernsey) LimitedRoyal CourtRoyal Court Civil Rules, 1989 - strike out application - proper approach to strike out - application dismissed.
Guernsey Judgment 32/200503.06.2005Administrator of Income Tax v Broadaker Company LimitedRoyal CourtIncome Tax (Guernsey) Law, 1975 - whether abortive capital expenditure could be reclassified as a bad debt - Tax Tribunal held it was an allowable deduction - Administrator's appeal by way of case stated - appeal allowed.
Guernsey Judgment 33/2005 08.06.2005E v ERoyal CourtMatrimonial cause - wife's application for costs following judgment on ancillary relief (See Judgment 34/2004)
Guernsey Judgment 34/200509.06.2005States of Guernsey v Jersey Fishermen's Association Limited et alCourt of AppealSea Fish Licensing (Guernsey) Ordinance, 2003 - whether ultra vires - appeal from judicial review by Royal Court (see Judgments 30/2004 and 32/2004) - Guernsey, British and European sea fisheries legislation reviewed - Ordinance making powers of the States - extra-territorial operation - no abuse of power - no case of bad faith made out - Ordinance held to be lawful.
Guernsey Judgment 35/200513.06.2005Administrator of Income Tax v Cachemar LimitedRoyal CourtIncome Tax (Guernsey) Law, 1975 - investment company - Tax Tribunal held the company was entitled to deduct a 'management fee' as 'permissible management expenses' - Administrator's appeal by way of case stated - approach taken by the Tribunal - 'permissible management expenses' to be given a fairly wide meaning - Administrator's appeal dismissed.
Guernsey Judgment 36/200520.06.2005B v BRoyal CourtMatrimonial cause - husband's application for variation of an agreed order - increase of maintenance for child to be payable by wife - allowed in part (see also Judgment 12/2005).
Guernsey Judgment 37/200504.07.2005Westbury Property Fund LimitedRoyal CourtCompanies (Guernsey) Law, 1994 s.73(2) - application for declaration that special resolution be deemed to have been delivered to HM Greffier within the statutory period.
Guernsey Judgment 38/200505.07.2005Law Officers of the Crown v C A Le PageRoyal CourtCriminal appeal from the Magistrates Court - sentence - driving with unsecured load and defective tyres - disqualifications varied so as to be concurrent rather than consecutive.
Guernsey Judgment 39/200507.07.2005In re F (an Infant)Magistrates CourtDomestic Proceedings and Magistrate's Court (Guernsey) Law, 1988 - father's application that the mother be not permitted to change the infant's surname.
Guernsey Judgment 40/200511.07.2005FR Properties v SkiptonRoyal CourtLand law - conditional agreement to sell realty - preliminary issue - date by which a survey was to be obtained.
Guernsey Judgment 41/200529.07.2005Koken (as liquidator of Reliance Insurance Company) v Brownstone Agency Inc et alRoyal CourtRoyal Court Civil Rules, 1989 -Strike out application - circumstances in which extrinsic evidence may be admissible - estoppel - application allowed in part
Guernsey Judgment 42/2005 20.07.2005G M McKenna v Law Officers of the CrownCourt of AppealPossession of class A drug with intent to supply - appeal against conviction and application for leave to appeal against sentence - standard of summing up - whether material non-disclosure by prosecution - whether the prosecution case was such that the verdict could not be supported - appeal and application for leave to appeal both dismissed.
Guernsey Judgment 43/200520.07.2005J R Ingram v Law Officers of the CrownCourt of AppealImportation of heroin - appeal against sentence - relevance of previous convictions to the starting point - disparity will not run as between unrelated cases where the court is not fully apprised of all relevant matters in the case with which comparison is made - appeal dismissed.
Guernsey Judgment 44/200520.07.2005C v CCourt of AppealMatrimonial Causes (Guernsey Law, 1939 - construction of Article 47 'contributions for support' - held that the natural meaning of 'support' includes payments to discharge debts of the other party - matter remitted to the Royal Court.
Guernsey Judgment 45/200522.07.2005Magloire trading as First Call Recruitment v Wright et alRoyal CourtBreach of contract of employment - counterclaim filed by defendants - plaintiff's application for further particulars - defendants ordered to file further particulars of the repudiatory breach they alleged.
Guernsey Judgment 47/200501.08.2005Law Officers of the Crown v R J BatisteRoyal CourtCriminal appeal from the Magistrate's Court - sentence - assault - five months' imprisonment - appeal dismissed.
Guernsey Judgment 48/200501.08.2005Law Officers of the Crown v ThackaberryRoyal CourtCriminal appeal from the Magistrate's Court - sentence - failure to provide specimen of breath and driving while disqualified - two months' imprisonment on each count, consecutive - totality principle correctly applied - appeal dismissed.
Guernsey Judgment 49/200505.08.2005G v GRoyal CourtAction for recovery of debt - order in 1997 by Matrimonial Causes Division for payment of lump sum by the wife - became payable in June, 2005 - application for wife to vary the 1997 order now pending - held that the two cases do not raise the 'same issues' - application for stay dismissed.
Guernsey Judgment 50/200512.05.2005 and 16.08.2005Messenger Insurance PCC Limited v Cable & Wireless PLC et alRoyal CourtProtected Cell Companies Ordinance, 1997 - protected cell company had been placed in administration - application for discharge of freezing order - substantive proceedings in the High Court in England.
Guernsey Judgment 51/200526.09.2005Miller & Baird (C.I.) v States of GuernseyRoyal CourtArbitration (Guernsey) Law, 1982 - contract for construction of marina - plaintiff contractor's application for summary judgment - States' application for stay under the arbitration clause in the contract - stay refused - plaintiff entitled to have its application for summary judgment heard.
Guernsey Judgment 52/200504.10.2005 H v HRoyal CourtMatrimonial cause - husband's application to vary consent order made in 2003 as to payment of school fees - application of article 45 of the Matrimonial Causes (Guernsey) Law, 1939, to agreed orders - application for variations dismissed.
Guernsey Judgment 53/200510.10.2005I v IRoyal CourtMatrimonial cause - wife's application for leave to remove the children from the jurisdiction - husband's application for delay to enable younger child to become 'qualified resident' under the House (Control of Occupation) (Guernsey) Law, 1994 - welfare of the children is paramount - Court differed from the conclusion of the Court Welfare Officer - wife's application granted - husband's application for delay refused.
Guernsey Judgment 54/200517.10.2005Hamon & Hamon v Environment DeptRoyal CourtIsland Development (Guernsey) Law, 1966 - appeal from refusal of application by the Department - Rural Area Plan (Phase 1) - whether Policies CE5 and IN6 of that Plan precluded the Department from granting the permission sought - appeal dismissed.
Guernsey Judgment 55/200526.10.2005Flightlease Holdings (Guernsey) Limited et al v International Lease Finance CorporationRoyal CourtCompanies in voluntary liquidation - liquidators rejected proofs of debt submitted by ILFC - objection by ILFC - procedure set by Royal Court for determining the validity or otherwise of ILFC's claim - leave to amend cause- appropriate test for striking out - whether an arguable case that the alleged misrepresentations were made with actual or apparent authority of each of the other companies - claim in conspiracy - Pauline claim - directions given as to the form in which the cause or statement by ILFC will have to be recast - the sooner the matters truly in issue reach trial the better.
Guernsey Judgment 56/200527.10.2005J v JRoyal CourtMatrimonial cause - Petitioner/Wife's application for vesting order and maintenance - welfare of the minor children an important but not overwhelming consideration - modest income of the parties - clean break appropriate - matrimonial home to be vested in the wife - net value £200,000, to be split equally between the parties - payable to husband when youngest child reaches 18 years of age - to be secured as a charge.
Guernsey Judgment 57/200528.10.2005States of Guernsey v Miller & Baird (C.I.) LimitedRoyal CourtApplication by the States for leave to appeal to the Court of Appeal - refused by presiding judge in the court below (see also Judgment 51/2005)
Guernsey Judgment 58/200504.11.2005International Steel & Tube Industries Limited v MasoodRoyal CourtApplication to strike out part of defences - principle to be applied - application dismissed.
Guernsey Judgment 59/200507.11.2005States of Guernsey v Miler & Baird (C.I.) LimitedRoyal CourtSummary judgment application pending - ordered to await outcome of application by States to the Court of Appeal for leave to appeal (see also Judgment 51/2005)
Guernsey Judgment 60/200507.11.2005 Law Officers of the Crown v S Bishop-White, P Cox & M J TaconRoyal CourtImportation of Class B drugs - drug trafficking confiscation order - sentencing remarks.
Guernsey Judgment 61/200508.11.2005Law Officers of the Crown v C J Ashman (aka Bill)Royal CourtImportation of Class A drugs (2 counts) and Class B drugs - sentencing remarks.
Guernsey Judgment 62/200508.11.2005Law Officers of the Crown v M J MurphyRoyal CourtImportation of Class B drug (2 counts) - Drug Trafficking Confiscation Order - sentencing remarks.
Guernsey Judgment 63/200509.11.2005 Law Officers of the Crown v A HoldenRoyal CourtImportation of Class B drug - Drug Trafficking Confiscation Order - sentencing remarks
Guernsey Judgment 64/200510.11.2005 Law Officers of the Crown v R M Whelan & L D CullenRoyal CourtImportation and possession of Class B drugs - Drug Trafficking Confiscation Order - sentencing remarks
Guernsey Judgment 65/200511.11.2005Grand Havre Holdings Limited v Environment DeptRoyal CourtIsland Development (Guernsey) Laws 1966-1990 - appeal from refusal of application by the Department - relevance of Policy T5 of Rural Area Plan (Phase 1) - appeal dismissed.
Guernsey Judgment 66/200521.11.2005Town and Country Estate Agents Ltd v Blondel and Blondel v Town and Country Estate Agents LtdRoyal CourtApplication for full indemnity costs - costs incurred up to 21st April, 2004 to be paid by Mr Blondel on the recoverable basis, and thereafter on a full indemnity basis.
Guernsey Judgment 67/200515.12.2005Shaham v Lloyds TSB Offshore Limited and FooksRoyal CourtApplication by the Bank to be paid its reasonable costs before paying into Court the balance of the funds held by it in the name of Dr Dan Ron and Mrs Ron - directions regarding further proceedings.
Guernsey Judgment 68/200515.12.2005States of Guernsey v Miller and Baird (C.I.) LimitedCourt of AppealArbitration (Guernsey) Laws 1982 to 1986 - Appeal by the States from dismissal by Royal Court of application for stay of proceedings - allegation by respondent/plaintiff that the States had no defence to the action - summary judgment application pending - whether judicial discretion properly exercised - leave to appeal granted, appeal allowed and action stayed. (See Judgments 51, 57 and 59 of 2005.)
Guernsey Judgment 69/200515.12.2005G Grunte v Law Officers of the CrownCourt of AppealImportation of Class B drugs - sentence appeal - application of guidelines in Richards and Turner - appropriate starting point - appeal dismissed.