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2006

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No in Annual Series
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Court
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Guernsey Judgment 1/200616.01.06Hutchinson et al v Spread Trustee Company LtdRoyal CourtTrusts (Guernsey) Law, 1989 - action by beneficiaries - defendant's request for further and better particulars - procedure in actions for breach of trust - distinct issues of liability and quantum - application rejected.
Guernsey Judgment 2/200618.01.06Magloire (t/as First Call Recruitment) v. Wright, Goguelin and Leapfrog LtdRoyal CourtLivre des Hypothèques - defendants' application for leave to register counter claim - Law Reform (Miscellaneous Provisions) (Guernsey) Law, 1987 - discretion of the Court is unfettered, but must be exercised judicially - leave to register granted.
Guernsey Judgment 3/200625.01.06Motorola Credit Corp v (i) Uzan (ii) Incidentally Ltd (iii) Kocibey (iv) Alcor Ltd (v) Cetus LtdRoyal CourtApplication for declaratory relief - powers of the Court - Court able to do justice between parties by setting aside a share transfer - therefore no need to consider whether to grant any declaratory relief.
Guernsey Judgment 4/200631.01.06Administrator of Income Tax v Cachemar LtdCourt of AppealIncome Tax (Guernsey) Law 1975 - whether "investment management fees" are deductible as permissible management expenses - Administrator's appeal from the Tax Tribunal to the Royal Court dismissed (see Judgment 35/2005) - Administrator's further appeal dismissed.
Guernsey Judgment 5/200610.02.06Jubilee Absolute Return Fund PCCRoyal CourtCompanies (Guernsey) Law, 1994 - Protected Cell Companies Ordinance, 1997 - Migration of Companies Ordinance, 1997 - foreign company incorporated under legislation similar in nature to the Guernsey protected cell company legislation - Court satisfied that the Financial Services Commission would grant permission for the company to convert to a protected cell company - permission granted for the company to be registered in Guernsey as a protected cell company.
Guernsey Judgment 6/200613.02.06C Robilliard v Law Officers of the CrownRoyal CourtAppeal from the Magistrate's Court - Road Traffic (Drink Driving) (Guernsey) Law, 1989 - appeal from sentence of 21 days' imprisonment - Hatwell guidelines ( see Judgment 22/2004) - Family medical problems constituted 'exceptional circumstances' - appeal allowed and prison term ordered to be suspended.
Guernsey Judgment 7/200616.02.06G A Abbott v Law Officers of the CrownRoyal CourtCriminal Trial - Income Tax (Guernsey) Law, 1975 - Housing (Control of Occupation) (Guernsey) Law, 1994 - false statements to the Income Tax Authority and the Housing Authority - 11 counts - 6 months' imprisonment on each count, concurrent and suspended 2 years - in addition fines of £400 on each of the 3 housing offences.
Guernsey Judgment 8/200617.02.06Ashdene Conslt Ltd v Bachmann Group LtdRoyal CourtSecurity for costs - defendant's application for further sum to be ordered - principles to be applied - non-residence of the 'controlling mind' of the plaintiff - whether the plaintiff was not an entity of substance - whether there was any evidence that the plaintiff would be able to pay the defendant's costs if ordered to do so.
Guernsey Judgment 9/200624.02.06(i) Terry and (ii) Durette Bradshaw PLC v Butterfield Bank (Guernsey) Ltd - (re Vavasseur Corp in receivership)Royal CourtBahamian Company - proceedings brought in a United States District Court by the Securities and Exchange Commission - receivers appointed by that court - application for recognition by the Royal Court - review of principles relevant to recognition of a receiver appointed by foreign court - application granted.
Guernsey Judgment 10/200602.03.06P Bradley v Parole Review CommitteeRoyal CourtJudicial review - Parole Review Committee (Guernsey) Law, 1989 - the ruling in Webster (Judgment 60/2004) - the parole criteria - no procedural irregularity - sufficient reasons given - decision not unreasonable in the Wednesbury sense - leave to apply for judicial review refused.
Guernsey Judgment 11/200607.03.06Baby A v HSSDRoyal CourtChild care - Children and Young Persons (Guernsey) Law, 1967 - decision by the Department to move the baby to a new set of foster carers - guardian ad litem's application for Judicial Review - limitations of Judicial Review in such a case - application refused.
Guernsey Judgment 12/200608.03.06C v CRoyal CourtMatrimonial Causes (Guernsey) Law, 1939 - wife's application for the husband to be ordered to assist her in the discharge of her debts - principles set out in S.25 of the English Matrimonial Causes Act 1973 - relevance of the wife's financial conduct - need to consider all the circumstances of the case and principle of fairness - application refused.
Guernsey Judgment 13/200610.03.06De Carteret v Mann and MannRoyal CourtCivil appeal from the Court of the Seneschal of Sark - direction by the Seneschal that any notice of appeal must be lodged within 28 days - notice lodged one day later - appeal period declared as 40 days (see Le Mesurier v. de Carteret Cour des Judgements et Records 2nd July, 1700) - Seneschal did not give parties an opportunity to be heard before fixing the 28 day period - appropriate to extend the time period, insofar as that was necessary - service of the notice of appeal by fax held to be sufficient on this occasion. (See also Judgment 38/2006)
Guernsey Judgment 14/200620.03.06J M Jones v Law Officers of the CrownRoyal CourtCriminal Appeal from Magistrate's Court - sentence - 3 months' youth detention for criminal damage and activation of 21 days' suspended sentence for assault - whether totality principle properly applied - appeal dismissed.
Guernsey Judgment 15/200620.03.06Johns v Environment DepartmentRoyal CourtIsland Development (Guernsey) Law, 1966 - appeal against refusal of application by the then Island Development Committee - preliminary issues for determination by a Judge sitting alone - relevance of personal circumstances - held that the IDC decision was not Wednesbury unreasonable or otherwise 'Bailiff' unreasonable (see Walters v. Housing Authority (1997) 24 GLJ 76) - relevance of European Convention on Human Rights - held that Convention rights did not form part of Guernsey Law and could not be enforced in our domestic courts (The Human Rights (Bailiwick of Guernsey) Law, 2000 had not yet been brought into operation) - circumstances in which the Convention can be relied upon in Guernsey - appeal to be listed for hearing before the Jurats. (See also Judgment 51/2006)
Guernsey Judgment 16/200620.03.06Cyma Petroleum (CI) Ltd v Policy & Finance Committee,States of AlderneyRoyal CourtHealth and Safety at Work (Alderney) Ordinance, 2003 - appeal from dismissal by the Court of Alderney of appeal from three Prohibition Notices issued by the Committee - appeal lay to the Royal Court on a point of law only - whether the conclusions drawn by the Court of Alderney, from its findings of fact, were perverse or unreasonable in a Wednesbury sense - appeal dismissed.
Guernsey Judgment 17/200620.03.06Credit Suisse (Guernsey) Ltd v CarréRoyal CourtEmployment Protection (Guernsey) Law, 1998 - matter part heard before an adjudicator - employer's appeal from a ruling by the adjudicator on the effective date of termination of employment - appeal lies on a point of law only - adjudicator's decision neither ultra vires nor Wednesbury unreasonable - matter remitted to the adjudicator to continue the hearing.
Guernsey Judgment 18/200627.03.06J C Irvine v Parole Review CommitteeRoyal CourtParole Review Committee (Guernsey) Law, 1989 - refusal of application for release on licence - application for Judicial Review - considered on the papers - test to be applied - held that no arguable case had been disclosed that the Committee's decision was Wednesbury unreasonable or perverse - leave granted for the applicant to apply for oral hearing.
Guernsey Judgment 19/200603.04.06Wright and Westcott v Evans and O'Donnell (re Phyllis Elizabeth Middlebrook, deceased)Royal CourtWill of realty application for rectification - review of Jersey, Norman and English authorities - held that the Court had power to rectify the will - evidence to be called as to the intention of the testator - adjourned for hearing before the Jurats.
Guernsey Judgment 20/200607.04.06F R Properties Ltd v SkiptonCourt of AppealLand law - conveyance - conditions of sale - subject to survey - failure to specify date by which purchaser's right to withdraw could be exercised - preliminary issue as argued before the Royal Court was mistakenly drafted - appeal from findings by the Royal Court - a question of construction and not of implied terms - operative date for withdrawal must be some date prior to the completion date - appeal dismissed.
Guernsey Judgment 21/200620.04.06Wallbrook Trustees (Guernsey) Ltd v Baxter (re Mrs Megan Baxter No 2 Life Interest Settlement)Royal CourtTrusts (Guernsey) Law, 1989 - cross applications to permit retirement and replacement of trustees - retiring trustee's applications for security for outstanding fees claimed - need to strike balance between protecting an applicant and avoiding injustice to a respondent - ruling on the sum to be lodged as security - substantive applications adjourned pending payment of the security.
Guernsey Judgment 22/200603.05.06HFT International (Guernsey) Ltd v Equinox Finance Management (Guernsey) LtdRoyal CourtRoyal Court Civil Rules, 1989, Rule 39 - defendant's application for specific discovery - principles to be applied- application granted.
Guernsey Judgment 23/200603.05.06Collas and Collas v Environment DeptRoyal CourtIsland Development (Guernsey) Law, 1966 - preliminary points of law - whether the Department is precluded from granting the permission sought by Policies EMP6 and EMP7 of the Urban Area Plan - EMP6 held not to be applicable - relevance of the size of the site under EMP7 - size of the relevant site to be determined by the Jurats.
Guernsey Judgment 24/200630.05.06Ogier v Grand Havre Holdings LtdRoyal CourtRoyal Court Civil Rules, 1989, Rule 36 (2) - péremption d'instance - defendant's application that action be declared périmée or struck out for want of prosecution - held that the action became périmée not later than 4th October, 2002 - delay would cause serious prejudice to the defendant - action struck out.
Guernsey Judgment 25/200631.05.06In re Tetragon Credit Income Fund LtdRoyal CourtCompanies (Guernsey) Law, 1994 - Court confirmed change of name - subsequently transpired that the special resolution has not been validly approved by shareholders - fresh special resolution validly passed - discretionary powers of the Court (see Judgment 37/2005) - Court confirmed change of name effective from the earlier date - Court must be able to rely on representations by Advocates that all legal formalities have been complied with.
Guernsey Judgment 26/200602.06.06M J Ogier v Law Officers of the CrownRoyal CourtCriminal appeal from the Magistrate's Court - conviction - Supplementary Benefit (Guernsey) Law, 1971 - making false statements - whether miscarriage of justice - complaint against Advocate acting in the Court below - on appeal, oral evidence heard from the Appellant and from his Advocate - held that the Appellant had a fair trial and was properly defended - appeal dismissed.
Guernsey Judgment 27/200602.06.06Trident Trust Company (Guernsey) Ltd v Comprop Guernsey LtdRoyal CourtRoyal Court Civil Rules, 1989 (Rule 22) - application for summary judgment - landlord and tenant - tenant's claim for return of balance of deposit - landlord's claim for arrears of rent under an alleged oral amendment to the lease - landlord granted conditional leave to defend action.
Guernsey Judgment 28/200612.06.06Bichard v States of GuernseyRoyal CourtJudicial review - States of Guernsey (Public Servants) (Pension and Other Benefits) Rules, 1972 - redundancy - enhancement of benefits - change in policy by the Public Sector Remuneration Committee - applicability of judicial review - legitimate expectation by members of Pension Scheme - failure to act fairly - failure to consult - decisions as to the new policy declared unlawful and quashed.
Guernsey Judgment 29/200614.06.06Bichard v States of GuernseyRoyal CourtJudicial review hearing (see Judgment 28/2006) - Royal Court Civil Rules, 1989 (Rule 48 (1) ) - "special circumstances" and unreasonable defence - legal principles governing exercise of the Court's discretion - order for full indemnity costs - leave to appeal, if required, was refused.
Guernsey Judgment 30/200614.06.06Stephens v Department of EducationRoyal CourtContract of employment - dismissal of head teacher - judicial review not appropriate - arguable that adequate relief could be obtained by an action for breach of contract - chronology should be provided in all cases.
Guernsey Judgment 31/200615.06.06Wrench v Albany Hotel LtdRoyal CourtArbitration (Guernsey) Law, 1982 - defendant company's application for the arbitration agreement to cease to have effect - and/or for the arbitrator to be removed - review of the arbitration proceedings - application dismissed.
Guernsey Judgment 32/200619.06.06Barrett and Barrett v (i) Environment Department; and (ii) Osprey Investments LtdRoyal CourtIsland Development (Guernsey) Law, 1966, as amended - grant of preliminary declaration - application by neighbours for judicial review - applicability of judicial review to decision by the Island Development Committee/Environment Department - held that the department had failed to take into account the requirements set out in section 17 of the Law - preliminary declaration set aside (See also Judgments 54/2003 and 21/2005).
Guernsey Judgment 33/200621.06.06Masood, Newport Financial Holding Ltd and Ali v Zahoor, International Steel and Tube Industries Ltd, Istil Group Inc, Mahboob and SaleemiRoyal CourtRoyal Court Civil Rules, 1989 (Rule 7 (2) ) - leave to serve outside the jurisdiction - exception déclinatoire - held that each defendant is prima facie a proper party to the claim and that the Royal Court has jurisdiction to hear the action - exception dismissed.
Guernsey Judgment 34/200620.06.06HFT International (Guernsey) Ltd v Equinox Finance Management (Guernsey) LtdRoyal CourtFund promoter's claim for remuneration from fund manager - Royal Court Civil Rules, 1989 (Rules 43 and /or 47) - order for specific discovery previously granted - plaintiff applied for order that defendant (a fund manager) calculate the net asset value of the Fund - order sought does not fall under Rule 43 or 47 - review of circumstances in which inherent powers of the Court could be invoked - Court not satisfied that the order sought was necessary - application dismissed.
Guernsey Judgment 35/200606.07.06T J Leadbeater v Law Officers of the CrownRoyal CourtCriminal appeal from the Magistrate's Court - Sentence - driving with excessive alcohol - mandatory disqualification - "special reasons" argued on the "emergency" ground - Magistrate declined to find special reasons - appeals against that finding, and against the sentence generally, dismissed.
Guernsey Judgment 36/200630.06.06M J Murphy v Parole Review CommitteeRoyal CourtJudicial review - Parole Review Committee (Guernsey) Law, 1989 - issues as to whether the Committee had approached the parole application reasonably and rationally - leave granted to apply for judicial review (The application was subsequently abandoned).
Guernsey Judgment 37/200603.07.06 B v BRoyal CourtMatrimonial Causes Law (Guernsey) 1939 - husband and wife both sought orders for costs
Guernsey Judgment 38/200613.07.06De Carteret v Mann and MannRoyal CourtSark - lease of real property - appeal from the Court of the Sénéschal - proposed surrender of sub lease - conduct of hearing before the Sénéschal - counsel unable properly to present the Appellant's arguments and submissions - pleadings wholly inadequate - duty on counsel appearing before a lay court - whether Court of the Sénéschal has power to grant relief against forfeiture for breach of a covenant - parties should seriously consider mediation. (See also Judgment 13/2006)
Guernsey Judgment 39/200609.08.06Yaddehige v Credit Suisse Trust Ltd, Partners of Collas Day and MPR Private Clients LtdRoyal CourtPossible conflict of interest or bias as respects judge - test to be applied - held that a fair-minded and informed observer would not have concluded there was a real possibility of bias.
Guernsey Judgment 40/200625.08.06Braun (as Insolvency Administrator of Walter Marketing GMBH & Co KG) v Brantridge Estates LimitedRoyal CourtRequête Civile - default judgment set aside - both parties applied for costs on indemnity or alternatively recoverable basis - registered office of defendant company had changed while the summons was being served - exercise of discretion as to costs - see paragraphs 21 to 25 of the judgment - (See also Judgment 50/2006)
Guernsey Judgment 41/200608.03.06 & 13.07.06President of the State of Equatorial Guinea et al v Systems Designs Ltd et alPrivy Council(i) Norwich Pharmacal disclosure order - appeal from the Court of Appeal to the Judicial Committee - interveners' grounds had been amended on the prompting of the Court of Appeal - not a legitimate exercise of appellate authority - principles governing grant of Norwich Pharmacal relief - decision of the Royal Court should not have been reversed - whether the Royal Court had jurisdiction to make its order on the ground that it could be regarded as enforcing the public law of a foreign state - this issue had not been addressed before the Royal Court or the Court of Appeal - appeal allowed and Royal Court Order reinstated with costs to the Appellants - however this order suspended pending similar question, in relation to English law, likely to come before the English Court of Appeal (Order in Council dated 8th March 2006) (ii) Respondent's petition, to set aside the costs order, dismissed (Order by the Lords of the Judicial Committee dated 13th July 2006) (See Judgments 53/2004 and 17/
Guernsey Judgment 42/200606.09.06T Burton v Law Officers of the CrownRoyal CourtCriminal appeal from the Magistrate's Court - conviction - recusation applications as respects the Assistant Magistrate and the Deputy Bailiff - role of HM Deputy Sheriff - authorities on recusation and apparent bias considered - recusation applications and the substantive appeal dismissed
Guernsey Judgment 43/200618.09.06HSBC Private Bank (Guernsey) Ltd et al v HM Procureur (re Metlika Trading Ltd)Court of AppealCourt of Appeal (Civil Division) (Guernsey) Rules, 1964 (Rule 17) - Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1991 - dismissal of application to vary restraint order - appellants' application for abridgment of time to expedite hearing - principles to be applied in exercise of discretion - application for abridgement of time dismissed
Guernsey Judgment 44/200619.09.06A J Gilbert v Law Officers of the CrownCourt of AppealDrug Trafficking (Bailiwick of Guernsey) Law, 2000 - application for leave to appeal against confiscation order - jurisdiction under Part III of the Court of Appeal (Guernsey) Law, 1961 - "Sentence" construed to embrace a confiscation order - approach of the Royal Court in making the relevant assumptions under s.4(3)(a) and (b) of the 2000 Law - leave to appeal granted - appeal dismissed
Guernsey Judgment 45/200619.09.06A R Edwards v Law Officers of the CrownRoyal CourtImportation of Class A Drugs - appeal against sentence - appropriate starting point - relevance of submission that the drugs were for personal use - Court of Appeal decisions in Richards (18.04.02) and Woodford (Judgment 6/2003) - appeal dismissed
Guernsey Judgment 46/200619.09.06M J Tacon v Law Officers of the CrownCourt of AppealImportation of Class B drugs - application for leave to appeal against sentence - whether applicant's level of involvement lower than co-defendant's - his role was less visible but not less crucial - application dismissed - proviso under S.37(3) of the Court of Appeal (Guernsey) Law, 1961, applied
Guernsey Judgment 47/200606.10.06Boulton v Housing DepartmentRoyal CourtHousing (Control of Occupation) (Guernsey) Law, 1994 - 'open market' dwelling removed from the Housing Register at the instance of the landlord - tenant's appeal from refusal of application for housing licence - ruling by the Lieutenant Bailiff on whether the appeal should go to the Jurats (Matheson v Housing Authority 29 GLJ 27 considered) - directions to the Jurats - appeal dismissed
Guernsey Judgment 48/200618.10.06KWL Advertising Ltd (in Liquidation) v Kountouris and KountourisRoyal CourtGuarantees given by the defendants in respect of KWL's debts to Barclays Bank PLC - deed purporting to assign the bank's interests in those guarantees to KWL - whether the guarantees are enforceable or not - persuasive effect of Hutchens v Deauville Investments Pty Ltd (1986) 68 ALR 367 - held that the alleged assignment of the guarantees in favour of KWL, the primary debtor, was legally ineffective - proceedings dismissed
Guernsey Judgment 49/200619.10.06HW Trust Company Ltd (as Trustees of the Fortis Aviation Group Employment Benefit Trust) v CunninghamRoyal CourtTrusts (Guernsey) Law, 1989 - respondent's application for disclosure - statutory duty of trustee to give information - factors to be taken into account in exercise of judicial discretion
Guernsey Judgment 50/2006Braun (as Insolvency Administrator of Walter Marketing GMBH & Co KG) v Brantridge Estates Ltd23.11.06Royal CourtRoyal Court Civil Rules, 1989 (Rule 48) - defendant's application for security for costs - principles to be applied - whether the Royal Court could exercise effective control over assets held by a German Insolvency Administrator - application granted - (see also Judgment 40/2006)
Guernsey Judgment 51/200623.11.06Johns v Environment DepartmentRoyal CourtIsland Development (Guernsey) Law, 1966 - ruling on point of law - the Island Development Committee would have had the power to grant change of use of packing shed to a dwelling conditional upon it being occupied only by the Appellant and his partners for their lifetimes or a shorter period - Jurats had held that the Department had failed to take into account the Appellant's special circumstances - appeal allowed - matter remitted to the Department to grant the Change of Use on such conditions as are lawful and reasonable - (see also Judgment 15/2006)
Guernsey Judgment 52/200612.12.06W J Jones, J Jones and J R L Ihle v Law Officers of the CrownCourt of AppealImportation of Class B and Class A drugs - appeals against sentence - appropriate starting point - guidelines in Turner (Royal Court, 5 December 2002) as respects amphetamines, considered - appeal allowed and sentence as respects the Class A importation reduced from 6 years 4 months to 4 years 6 months
Guernsey Judgment 53/200612.12.06B Wickenden, R Wickenden, V J Rowley and A M Le Prevost v Law Officers of the CrownCourt of AppealImportation of Class A and Class B drugs - applications for leave to appeal against sentence - starting point of 11 years on the first count unobjectionable in isolation - addition by the Royal Court of 5 years to this starting point to reflect the second count was too much - sentences on all four appellants reduced from 10 years to 8 years on the first count
Guernsey Judgment 54/200620.01.06W P Mahy v Law Officers of the CrownRoyal CourtAppeal from Magistrate's Court - conviction for burglary - test to be applied - dictum of the Court of Appeal in Guest (Judgment 8/2003) - appeal dismissed
Guernsey Judgment 55/200607.04.06P C L Walsh v Law Officers of the CrownCourt of AppealGrievous bodily harm with intent - appeal against sentence - element of provocation - sentence reduced from 6 years 9 months' to 5 years' imprisonment
Guernsey Judgment 56/200612.12.06C v CCourt of AppealMatrimonial Causes Law (Guernsey), 1939 (Articles 46 and 47) - appeal from dismissal of wife's application for husband to be ordered to assist her in the discharge of her debts - principles set out in s.25 of the English Matrimonial Causes Act 1973 - extent to which the Royal Court should have regard to those principles - appeal dismissed
Guernsey Judgment 57/200612.12.06Cyma Petroleum (CI) Ltd v States of AlderneyCourt of AppealHealth and Safety at Work (Alderney) Ordinance, 2003 - appeal from decision by the Royal Court on appeal from the Court of Alderney - appeal limited to the vires of the Committee's decision and its reasonableness on health and safety grounds - whether Article 28 of the EC Treaty was engaged - held that the requirement for a 'permanent site' was not equivalent to a quantitative restriction on imports - appeal refused - leave to appeal to Judicial Committee of the Privy Council refused on 8 March 2007 (See Judgment 16/2006)