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2007

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No in Annual Series
Date
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Court
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Guernsey Judgment 1/2007 08.01.07W P Le Sauvage v Law Officers of the CrownRoyal CourtMurder - plea of not guilty on ground of diminished responsibility - conviction on second count of manslaughter - sentencing principles to be applied - sentence of 7 years imprisonment, to be followed by 3 years on Extended Sentence Licence - Criminal Justice (Supervision of Offenders) (Bailiwick of Guernsey) Law, 2004
Guernsey Judgment 2/200705.02.07Chambers v GoochRoyal CourtClaim and Counter-claim relating to repairs to boundary wall - judgment in favour of the defendants - Royal Court Civil Rules, 1989 (Rule 48) - defendants' application for full or partial indemnity costs - review of the authorities - Advocates' fees to be paid at recoverable rate plus 15% with effect from 3rd July 2001
Guernsey Judgment 3/200708.02.07A v ARoyal CourtDomestic proceedings - wife's application for maintenance - full day set aside for contested hearing four months ahead - failure of Advocates to advise the Court that negotiations were in hand between the parties -- application for further adjournment received on the eve of the date set - Greffe should be notified as soon as possible when there is a possibility of a settlement, to avoid waste of Court time
Guernsey Judgment 4/200708.02.07 S B de Jersey v Law Officers of the CrownMagistrate's CourtBail - Magistrate's Court (Guernsey) Law, 1954 - Bail (Bailiwick of Guernsey) Law, 2003 - defendant failed to answer his bail - proceedings against the surety, Mr de Jersey, for forfeiture of all or part of his recognisance in the sum of £10,000 - meaning in Guernsey of the terms 'bail', 'recognisance' and 'surety' - no legislative provision for forfeiture of a recognisance in the Magistrate's Court - if regarded as a civil debt the present claim must fail as it exceeds the Court's present limit of £2,500
Guernsey Judgment 5/200709.03.07Masood et al v Zahoor et alRoyal CourtCompanies (Guernsey) Law, 1994 (Section 75) - allegation of prejudice to the interests of minority shareholders - application for interim relief - legal principles to be followed
Guernsey Judgment 6/200727.03.07J G Marsh, D J Hardy and S D Fallaize v Law Officers of the CrownCourt of AppealMisuse of Drugs (Bailiwick of Guernsey) Law, 1974 - cultivation of cannabis - application of the guidelines in Richards (Court of Appeal 18th April 2002) to cultivation offences - appropriate to compare cultivation with importation
Guernsey Judgment 7/200728.03.07R E O'Dette and F D O'Dette v Law Officers of the CrownCourt of AppealImportation of Class A drugs - conspiracy to import Class A drug - appeals against sentence and against recommendation for deportation -- on analysis the substance subject of the conspiracy charge proved not to be a controlled drug - relevance of the Richards guidelines (Court of Appeal 18th April 2002) - sentence should to some extent reflect the fact that the substance imported proved not to be a controlled drug - Immigration Act 1971 and the Immigration (Guernsey) Order 1993 - effect of a deportation order made in Guernsey against a non-British national - position contrasted with that in the United Kingdom - R v Carmona (2006) Criminal Law Review p.657 not followed - enquiries to be made by the Royal Court before recommending deportation - sentences reduced and orders recommending deportation quashed.
Guernsey Judgment 8/200730.03.07Yaddehige v Credit Suisse, Partners of Collas Day and MPRRoyal CourtActions in contract and in tort - exceptions pleaded by the defendants - nature of exceptions de fonds - locus standi - Royal Court Civil Rules, 1989 (Rule 36) - relevance of prescription and limitation in relation to the contractual and tortious claims respectively - empêchement d'agir - whether reasonable cause of action - whether proceedings frivolous and/or vexatious - date when the cause of action arose - suit dismissed as respects the Second Defendants and to continue as against the First and Third Defendants on the respective tortious claims against them
Guernsey Judgment 9/200724.04.07Singleton v DuncanRoyal CourtClaim arising from a building dispute -Guernsey doctrine of péremption - application to restore an action which has become périmée - Royal Court Civil Rules, 1989 (Rule 50) - matters to be taken into account in exercise of discretion - application to the present case - application granted - parties encouraged to seek mediation
Guernsey Judgment 10/200730.04.07Ogier v Grand Havre Holdings LtdRoyal Court(i) Action declared périmée and struck out on 30 May 2006 (See Judgment 24/2006) - ruling delivered on application for costs - costs awarded on the recoverable basis (ii) Application for leave to appeal to the Court of Appeal - decision under appeal held to be interlocutory and leave therefore required - application refused
Guernsey Judgment 11/200702.05.00Jersey Fisherman's Association Ltd et al v States of GuernseyPrivy CouncilSea Fish Licensing (Guernsey) Ordinance, 2003 - whether ultra vires - appeal from Court of Appeal (See Judgments 30/2004, 32/2004 and 34/2005) - Ordinance making power of the States - European Communities (Implementation) (Book of Guernsey) Law, 1994 - legislative regime relating to waters around the Channel Islands and the United Kingdom - European Community and the Common Fisheries Policy - powers of the States to legislate by Ordinance, and by Projet de Loi sanctioned by Order in Council, contrasted - 2003 Ordinance fell outside the powers conferred by the 1994 Law - 2003 Ordinance declared invalid as respects the 3 to 12 mile belt - held to be severable and to be valid as respects the 3 mile belt. (Order in Council registered by the Royal Court on 16th July 2007)
Guernsey Judgment 12/200715.05.07Galaxy International Ltd v Ladbrokes PLCRoyal CourtCompanies (Guernsey) Laws 1994 to 1996 (Section 96(1) - application by Ladbrokes for winding up of Galaxy - application by Galaxy for stay pending determination of proceedings in England - not appropriate for Galaxy to seek to re-argue contractual issues already determined by the Royal Court on 7th February 2007 - application for stay refused - hearing of the winding-up application to proceed solely on the basis of the affidavits filed by the parties - winding-up application will involve issues to be decided by the Jurats
Guernsey Judgment 13/200723.05.07Garnet Investments Ltd v BNP Paribas and Republic of IndonesiaRoyal CourtThird Party's application to continue a freezing injunction - Norwich Pharmacal application - issue of risk of dissipation of assets - Third Party's application for disclosure - proper approach to disclosure applications - freezing injunction varied - provision for limited disclosure - freezing injunction to be reviewed on 7th December 2007
Guernsey Judgment 14/200723.05.07Albany Hotel Ltd v WrenchRoyal CourtLaw Reform (Miscellaneous Provisions) (Guernsey) Law, 1987 (ss. 6 and 7) - leave granted to register Act of Court against Albany - Albany wish to consent to a new bond and for that new bond to have priority over the Act of Court - powers of the Court reviewed - held that priority arose from the act of registration, not from the Order giving permission to register - the 1987 Law did not give power to the Court to dictate or alter the priority attaching to a registry - application dismissed
Guernsey Judgment 15/200724.05.07Cable and Wireless Guernsey Ltd v Office of Utility Regulation, Guernsey Airtel Ltd and Wave Telecom LtdRoyal CourtRegulation of Utilities (Bailiwick of Guernsey) Law, 2001 - reference from Utilities Appeal Tribunal (UAT) - UAT purported to allow extension of appeal period from 14 to 28 days - need to distinguish between the UAT and the Utility Appeals Panel - 2001 Law, Ordinance and Rules considered - in this case wrong procedure followed from the outset - held that the UAT did not have power to extend the appeal period - the appeal brought outside the 14 day period was a nullity
Guernsey Judgment 16/200725.05.07Colussi v Investec Trust (Guernsey) Ltd, and SerravalloRoyal CourtTrusts (Guernsey) Law, 1989 - proceedings in Guernsey and in Italy - exceptions déclinatoires - whether the proceedings should be pursued in Guernsey or Perugia - held that the trust claims could be tried most suitably in Guernsey but that the Guernsey court had no jurisdiction over the agreement which gave rise to the share claims
Guernsey Judgment 17/200727.02.07Ferbrache and Richardson v Kirk, Bound, Cheong, Ogier and GreenRoyal CourtArbitration (Guernsey) Law, 1982 - partnership dispute - Respondents had applied for legal proceedings to be stayed pending arbitration (s.4) - Applicants alleged 'equitable fraud' and applied for an order that the arbitration agreement shall cease to have effect (s. 24(2)) - held that 'fraud' in this context meant fraud strictly so called - Applicants did not intend to allege deceit or impropriety - Applicants' s.24(2) application therefore failed - Respondents' s.4 application granted
Guernsey Judgment 18/200726.06.07Equatorial Guinea v Royal Bank of Scotland Int Ltd, Logo Ltd and Systems Design LtdRoyal CourtNorwich Pharmacal disclosure order - application by the Interveners for the Order of the Royal Court to be set aside and discharged - review of proceedings to date in the Courts of Guernsey and of England and before the Privy Council - English Court of Appeal, in parallel proceedings, had held that none of the pleaded claims (which arose from the Claimants' exercise of sovereign power) were enforceable in the Courts of England - appeal pending to the House of Lords - Interveners' application refused - Order of the Royal Court to remain in force but stayed until further order
Guernsey Judgment 19/200704.07.07A C George v Law Officers of the CrownCourt of AppealCustoms and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972 - importation of cannabis resin - appeal against conviction - whether the decision was obviously and palpably wrong - circumstantial evidence - appeal dismissed - appeal against sentence dismissed
Guernsey Judgment 20/200704.07.07S M E Presland v Law Officers of the CrownCourt of AppealRape - appeal against conviction - interruptions by the Lieutenant Bailiff unobjectionable given the diffidence of the witness - summing up fairly set out the strengths and weaknesses of the prosecution case - verdict not obviously and palpably wrong - leave to adduce further evidence as to alibi refused - tests as adopted in the appeal of Collins applied - leave to appeal against sentence refused - guidelines in Millberry applied
Guernsey Judgment 21/200724.07.07B v BRoyal CourtMatrimonial Causes Law (Guernsey), 1939 (Article 45) - judicial separation by consent - husband's application to reduce maintenance payable in respect of he two minor children of the marriage, and for remission of arrears - not for the Court to re-open the terms agreed by the parties - material change in the husband's circumstances - maintenance reduced from £305 to £176 per month for each child - held that the husband had not given full disclosure of his available assets - arrears of £6,533.03 ordered to be paid within one month
Guernsey Judgment 22/200726.07.07Wilson v Environment Department and Doumejour Property Co Ltd (Intervenor)Royal Court
Guernsey Judgment 23/200727.07.07Jones v Le ValléeRoyal CourtLicitation - dwelling owned by the parties in undivided half shares - each had granted life enjoyment of their half to the other - parties had agreed to proceed by way of licitation - issue whether the Court had power to postpone the making of a licitation order - defendant ordered to participate in a licitation or judicial action within 5 months
Guernsey Judgment 25/200715.06.07Williams v Dixcart Trust Corp Ltd and CorlettRoyal CourtRoyal Court Civil Rules, 1989 (Rule 36) - allegation of breach of fiduciary duty - strike out application - pleadings sufficiently precise and clear to enable a substantive defence to be filed - application dismissed
Guernsey Judgment 26/200717.08.07Bank of Scotland v Henderson and ShalesRoyal CourtSaisie Procedure (Simplification) (Bailiwick) Order, 1952 - bond consented to by joint purchasers - debtors unable to service the loan - no equity in the property - one debtor consented to judgment in favour of the lender - the other debtor could not be traced - held that the lender could not rely upon the standard clause in the bond as to service - related to service of notices and demands on customers of the lender and not to legal process - held also that the standard clause in the bond appointing an officer of the lender as Attorney for the debtors could not be relied upon as the debtors had appeared by an Attorney to consent to the bond - delegatus non potest delegare - order for substituted service under Rule 6 of the Royal Court Civil Rules, 1989
Guernsey Judgment 27/200723.08.07C v CRoyal CourtMatrimonial Causes Law (Guernsey), 1939 - judicial separation by consent - former husband's application for reduction of maintenance payable in respect of the two minor children of the marriage - principles to be adopted in considering application to vary consent order - application dismissed.
Guernsey Judgment 28/200729.08.07In re the H TrustRoyal CourtTrusts (Guernsey) Law, 1989 (s.52) - application for variation - presiding Judge and Jurats retired together to consider the principal application - adult beneficiary suffering from Asperger's syndrome - held to be under a legal disability under s.52(a) of the Law - Advocate appointed special guardian so that instructions could be given on behalf of this beneficiary - principles to be applied in variation of trust cases - Jersey and English authorities considered
Guernsey Judgment 29/200729.09.07Fidelity Management Ltd v Royal Bank of Canada (Guernsey) LtdRoyal CourtCriminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 - fiduciary deposit account held by the defendant bank - disclosure made to the Financial Intelligence Service under the 1999 Law - plaintiff's application for a declaration that a request to transfer those funds was validly made on behalf of the plaintiff - Law Officers invited to be heard as Partie Publique - jurisdiction - circumstances in which the Court can make a factual finding in the absence of the Jurats - declaratory relief is granted as a discretionary remedy - application granted
Guernsey Judgment 30/200720.09.07Cable and Wireless (Guernsey) Ltd v Office of Utility Regulation, Guernsey Airtel Ltd and Wave Telecom LtdRoyal CourtRegulation of Utilities (Bailiwick of Guernsey) Law, 2001 - reference from Utilities Appeal Tribunal - proposed appeal had been held to be a nullity (See Judgment 15/2007) - costs applications - power of the Royal Court to award costs in respect of (i) the reference and (ii) the appeal, considered
Guernsey Judgment 31/2007D v DMatrimonial Causes (Guernsey) Law, 1939 - application for an order to give effect to an agreement as respects ancillary relief - Respondent unable to proceed with the proposed settlement - held that any agreement between the parties must be approved by the Court before it will have legal effect - held that it would be wrong to give effect to the agreement without first hearing evidence - application dismissed
Guernsey Judgment 32/200725.09.07M D Naylor and A J Pagett v Law Officers of the CrownCourt of AppealImportation of Class A drugs - possession of Class B drug - appeal against sentence - Richards guidelines - proper approach to sentencing where two different drugs are involved - sentence on first appellant reduced
Guernsey Judgment 33/200725.09.07A J Dunn v Law Officers of the CrownCourt of AppealAssault - possession with intent to supply, and supply, of Class A drug - Criminal damage - appeal against sentence - starting point adopted had been the minimum sentence in the lowest band for Class A drugs in the Richards guidelines - application for leave to appeal dismissed
Guernsey Judgment 34/200725.09.07S A Gormer, S M Priaulx v Law Officers of the CrownCourt of AppealImportation of Class B drug - possession of Class B drug - appeal against sentence - appropriate discount where accused had little viable alternative but to admit guilt - roles of both appellants, and of a co-accused, were equally significant - as regards concurrency, the count relating to possession was an unrelated offence - both applications for leave to appeal refused.
Guernsey Judgment 35/200725.09.07B J Wright v Law Officers of the CrownCourt of AppealImportation of Class A drug - impeding seizure of Class A drug - whether sufficient discount given for personal mitigation and claim that drugs were for personal use - guilty plea was inevitable - discount for various varieties of mitigation are not simply to be added to one another - leave to appeal refused
Guernsey Judgment 36/200701.10.07H Lord v Law Officers of the CrownRoyal CourtCriminal appeal from the Magistrate's Court - cycling through traffic lights - offence which could have been dealt with by way of a Fixed Penalty Notice - appeal allowed and offence dismissed under the Probation of Offenders Law
Guernsey Judgment 37/200701.10.07H de Garis v Law Officers of the CrownRoyal CourtCriminal Appeal from the Magistrate's Court - breach of the peace and resisting police - assault with a glass causing facial injury - appeal from sentence of eight months' youth detention for the assault - personal circumstances properly taken into account - appeal dismissed
Guernsey Judgment 38/2007A S Carre v Law Officers of the CrownCriminal appeal from the Magistrates Court - driving in excess of the speed limit - appeal against disqualification from driving for four months - appellant had forgotten to show the Assistant Magistrate a letter from his employer - held that this letter would not have altered the Court's decision - decision not manifestly excessive or wrong in principle - appeal dismissed.
Guernsey Judgment 39/200718.10.07Les Banques Holdings Ltd v GoodRoyal CourtAction relating to use of a residential car park - exceptions de fonds pleaded by the Defendants - application by Plaintiff to correct any alleged defects in the cause - the test applicable to exceptions de fonds - the function of particulars of pleadings - amendment allowed and exceptions dismissed
Guernsey Judgment 40/200725.09.07Ogier v Grand Havre Holdings LtdCourt of AppealRoyal Court Civil Rules, 1989 (Rule 36) - leave sought to appeal from order striking out claim for want of prosecution - application for leave to introduce further evidence - péremption - application for restoration of action under Rule 50 - correct principles applied by the Lieutenant Bailiff - leave to appeal refused - leave to appeal to the Judicial Committee of the Privy Council refused
Guernsey Judgment 41/200725.09.07B J Truffitt v Law Officers of the CrownCourt of AppealGrievous bodily harm with intent - application for leave to appeal against sentence - application completely without merit - refused
Guernsey Judgment 42/200715.10.07Barclay v Beaumont (Seigneur of Sark) and Guille (Seneschal of Sark)Royal CourtSark - conveyance of tenement - action seeking declaration that payment of treizième to the Seigneur was unlawful - Seneschal performing a judicial function when deciding whether or not to pass a conveyance - distinction between the roles of the Seneschal and the Greffier - action against the Seneschal dismissed as unsustainable
Guernsey Judgment 43/200707.11.07 & 07.12.07 E v ECourt of Appeal(i) Matrimonial Causes Law (Guernsey), 1939 (Articles 43 and 46) - husband's appeal from the Royal Court - extension of time within which to appeal - principles to be applied - appeal from the order as to maintenance - appeal from the order as to the division of the capital assets - former matrimonial home to be revested in the parties in equal undivided shares with conditional usufruct awarded to the wife - the proceeds to be divided equally upon the ultimate sale of the home (ii)Application as to costs - application for extension of time - Advocate ordered to pay the costs of both parties, on the indemnity basis - limited means of both parties - no order as to the costs of the substantive appeal
Guernsey Judgment 44/200722.11.07Environment Department v JohnsCourt of AppealIsland Development (Guernsey) Law, 1966 - Respondent had appealed successfully to the Royal Court - relevance of Respondent's personal circumstances - Department sought to appeal that decision - review of proceedings before the Royal Court - whether the decision of the Jurats was perverse or they had been misdirected - jurisdiction of the Court of Appeal to consider such an appeal (See especially judgments by Vaughan and Carey JJA)
Guernsey Judgment 45/200727.11.07Masood et al v Zahoor et alRoyal CourtCompanies (Guernsey) Law, 1994 (Section 75) - allegation of prejudice to minority shareholders - stay of proceedings - application for interim relief - discrepancies in the evidence of the Defendants - order for costs on the indemnity basis - Advocate must not make factual submissions without first personally checking their veracity - similarly affidavits must be checked as far as practicable
Guernsey Judgment 46/200703.12.07In re XRoyal CourtRegister of Births - application to rectify under Article 20 of the Law of 1935 - petitioner the holder of a Gender Recognition Certificate issued in the United Kingdom pursuant to the Gender Recognition Act 2004 - originally registered as of the male gender - leave granted for a fresh entry to be made, in the female gender - Deputy Bailiff's directions to be published without disclosing the identity of the petitioner
Guernsey Judgment 47/200705.12.07Canivet Webber Financial Services Ltd v GFSCRoyal CourtInsurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) Law, 2002 - appeal from decision of the Commission - failure to comply with time limit for bringing an appeal - judicial discretion to extend time limit - order for security for costs under Rule 48 of the Royal Court Civil Rules, 1989
Guernsey Judgment 48/200712.12.07M A Noyon v Law Officers of the CrownCourt of AppealPossession of Class A Drug with intent to supply - appeal against sentence - drug in the form of Fentanyl patches - how drug in this form is to be related to the Richards guidelines - appeal dismissed
Guernsey Judgment 49/200712.12.07D Poullard and M T Beck v Law Officers of the CrownCourt of AppealPossession of Class A Drug with intent to supply - application of Richards guidelines to dealers as opposed to importers - level of activity has to be taken into account - appropriate starting point 7 years rather than 8½ years and sentences reduced accordingly
Guernsey Judgment 50/200712.12.07A G Taylor v Law Officers of the CrownCourt of AppealCurrency Offences (Guernsey) Law, 1950 - uttering, and possession, of forged paper money - appeal against conviction - Firearms (Guernsey) Law, 1998 - possession of prohibited weapon and ammunition - appeal against sentence - Court of Appeal (Guernsey) Law, 1961 (s.24) - circumstances in which leave required to appeal against conviction - distinction between questions of law, of mixed law and fact, and of fact - criticism of the summing up, and of the verdict of the Jurats, considered - application for leave to appeal against conviction dismissed - as respects the firearm offences, sentences reduced from 12 months to 9months' imprisonment
Guernsey Judgment 51/200719.12.07Colussi v Investec Trust (Guernsey) Ltd and SerravalloRoyal CourtRoyal Court Civil Rules, 1989 (Rule 48) - decision on Exceptions Déclinatoires handed down on 25 May 2007 (See Judgment 16/2007) - costs applications - principles to be applied
Guernsey Judgment 52/200730.11.07F v GRoyal CourtCivil action - application to amend cause - circumstances in which amendment of pleadings may be permitted
Guernsey Judgment 53/200709.07.07Masood et al v Zahoor et alRoyal CourtCompanies (Guernsey) Law, 1994 (s.75) - allegation of prejudice to minority shareholders - claim to entitlement to shareholdings and rectification of share register - related actions ongoing in various other jurisdictions - forum non conveniens - principles to be applied - Guernsey proceedings stayed subject to undertakings by the parties