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2009

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No in Annual Series
Date
Parties
Court
Details
Guernsey Judgment 1/200919.01.09Wilkes-Green v Environment DepartmentRoyal CourtIsland Development (Guernsey) Law, 1966 - appeal from refusal of application to re-surface drive - whether the decision of the Department was reasonable - relevant Policies of the Urban Area Plan - Lieutenant Bailiff retired with the Jurats and delivered the reasoned judgment of the Court - appeal allowed by a majority - the judgment set out the reasons for the majority and minority conclusions of the Jurats respectively
Guernsey Judgment 2/200919.01.09Garnet Investments Ltd v BNP Paribus (Suisse) SA & the Government of the Republic of IndonesiaCourt of AppealLaw Reform (Miscellaneous Provisions) (Guernsey) Law, 1987 (ss.1 and 4) - Freezing and disclosure order - appeal from grant and continuation of the freezing order - cross-appeal from stay of the disclosure order - authorities considered on 'just and convenient' - relevant principles for grant of freezing relief by secondary court - 'exceptional circumstances' had to be established under s.1(7) - risk of dissipation - litigation pursued in Indonesia - applicants for freezing orders must make full and frank disclosure of the problems they face - appeal allowed and injunction and disclosure orders discharged - application for leave to appeal to the Judicial Committee of the Privy Council, and for stay pending such appeal, dismissed (See Judgments 13/2007, reported at 2007-2008 GLR 73, and 33/2008)
Guernsey Judgment 3/200914.01.09Flightlease Holdings (Guernsey) v Flightlease Holdings (Ireland)Royal CourtCompanies (Guernsey) Law, 2008 - both parties are in voluntary liquidation - effect of Plaintiff's claims for indemnity in respect of liability under guarantees relating to the Defendant's liability to third party creditors - the rule in Cherry v Boultbee ("the fund ascertainment principle") - review of statutory provisions for liquidation of companies in Guernsey - rule against double-proof - law of set-off in Guernsey and pre-Napoleonic France - law of set-off in Jersey and in Scotland - adoption by Guernsey Law of English equitable principles in appropriate cases - the fund ascertainment principle is to be applied in the circumstances of the present case - ordered that no dividend be paid in the liquidation of the Plaintiff in respect of the Defendant's agreed claim
Guernsey Judgment 4/200919.01.09Buckley v Ronez LtdRoyal CourtPersonal Injury claim - Safety of Employees (Miscellaneous Provisions) Ordinance, 1952 - Health and Safety at Work (General) (Guernsey) Ordinance, 1987 - Deputy Bailiff retired with Jurats and delivered the reasoned judgment of the Court - injuries sustained by quarry worker - requirements of the 1952 and 1987 Ordinances held to be strict and absolute - relevance of injuries to subsequent compulsory redundancy - proper approach to assessment of loss of earnings - Smith v Manchester award
Guernsey Judgment 5/200928.01.09 / 04.02.09Barclay and Barclay v Latrobe-Bateman et alCourt of the Seneschal(i)Sark - charitable donation in aid of the New Island Hall - whether the Hall was being used in breach of the Trust Deed - plaintiffs' application for declaratory relief and a permanent injunction - held that the Trust Deed must be construed using the 'four corners test' of construction and having regard to the matrix of fact - held that the present use of part of the Hall under a public house licence is lawful and within the terms of the Trust Deed - held that there had been no negligence or innocent misrepresentation by the defendants - held that no express condition had been imposed by the plaintiffs therefore 'the Sark law of gifts' could not be applied - proceedings dismissed (ii)Trustees application for costs on a full or partial indemnity basis - Reform (Sark) Law, 2008 (s.18) - extent of judicial discretion as to costs - Royal Court Civil Rules, 2007 (r.83) provide persuasive guidance - held that the plaintiffs had not acted unreasonably and that there were no special circums
Guernsey Judgment 6/2009 16.02.09Macey v Housing DeptRoyal CourtHousing (Control of Occupation) (Guernsey) Law, 1994 - appeal from refusal of application for housing licence - Lieutenant Bailiff retired with the Jurats - reasoned judgment delivered pursuant to s.16 of the Royal Court (Reform) (Guernsey) Law, 2008 - decision of the department held not to have been unreasonable - appeal dismissed
Guernsey Judgment 7/200916.02.09Ogier v Grand Havre Holdings LtdRoyal CourtTaxation - Royal Court (Costs and Fees) Rules, 2008 - failure by receiving party to specify the relevant hourly rates of charge during period 2000-2007 - benefit of the doubt given to the receiving party
Guernsey Judgment 8/200912.02.09Bank of Scotland v Moed; Bank of Scotland v West Cliff LtdRoyal CourtRoyal Court Civil Rules, 2007 (Rules 51 and 52) - applications for summary judgment not pursued - plaintiff's failure to comply with Court Orders - Court considered of its own motion striking out both sets of pleadings - defendants awarded costs in respect of the applications for summary judgment now deemed abandoned - directions given for progress of the substantive action
Guernsey Judgment 9/200902.03.09Buckley v Ronez LtdRoyal CourtJudgments (Interest) (Bailiwick of Guernsey) Law, 1985 - personal injury claim - special damages - need for certainty as to the practice of the Court - interest, from the date of the summons to the date of trial, to be payable on special damages at the rate which would apply in England, namely 3% - application for costs - 'without prejudice' offers of settlement prior to trial - plaintiff did not respond to defendant's final offer of c.£58,000 (as against the award at trial worth c.£46,000) - plaintiff awarded recoverable costs up to the date of that offer - defendant awarded its recoverable costs after that date (See Judgment 4/2009)
Guernsey Judgment 10/200925.02.09Hutcheson et al v Spread Trustee Co LtdRoyal CourtTrusts (Guernsey) Law, 1989 as amended - Royal Court Civil Rules, 2007 (Rule 52) - strike-out application - strike-out should not be used by Defendant to fine-tune pleadings but rather to remove serious allegations which have no substance - application dismissed
Guernsey Judgment 11/200910.11.08 and 24.11.08Ladbrokes PLC v Galaxy International LtdRoyal Court(i)Taxation - Royal Court (Costs and Fees) (Guernsey) Law, 1969 - Royal Court Costs and Fees Rules, 2000 - costs of lawyers from outside the jurisdiction - whether recoverable and if so at what rate - distinction between external lawyers (i) called as witnesses of foreign law and (ii) assisting in the conduct of Guernsey proceedings - discretionary power of the Royal Court under s.1 (1) of the 1969 Law - public interest in maintaining sufficient expertise among Guernsey Advocates rather than sub-contracting - costs of external lawyers may however be allowed in appropriate and exceptional cases - only rarely should those fees be taxed at levels above those for Guernsey Advocates - position in Jersey - costs taxed at £62,373.25, after reductions of £48,521.10 (ii)Award of costs of the taxation - Royal Court Civil Rules, 2007 (Rule 62) - factors which may be taken into account when considering the issue of costs - starting point that a successful receiving party is entitled to
Guernsey Judgment 12/2009 12.03.09Ogier v JeffreysRoyal CourtCivil Procedure - application to set aside a conveyance - application that Ozannes, a firm of Advocates, be restrained from acting for the defendant - three Advocates at Ozannes, and one employee, are potential witnesses at the trial of the action - whether risk of disclosure of confidential information - Rules of Professional Conduct issued by the Guernsey Bar Council - need to ensure equality of arms and to ensure public confidence in the administration of justice - ordered that Ozannes cease acting for the defendant
Guernsey Judgment 13/200919.03.09Thommessen v Butterfield Trust (Guernsey) Ltd and the ICRCRoyal CourtCivil Procedure - Royal Court Civil Rules, 2007 (Rule 71) - application for specific disclosure - legal advice privilege and litigation privilege relied upon - application dismissed
Guernsey Judgment 14/200920.03.09C v DRoyal CourtCivil Procedure - Exceptions de Fond - Royal Court Civil Rules, 2007 (Rules 16, 50 and 60) - the test set out in Cherub Investments Ltd v Channel Islands Aero Club (Guernsey) Ltd - plaintiff to provide further particulars
Guernsey Judgment 15/200923.03.09Arthur Leadbeater & Son Ltd v Landero LtdRoyal CourtRoyal Court Civil Rules, 2007 (Rule 82) - defendant's application for security for costs - financial circumstances of the company and its beneficial owner - application dismissed - parties urged to consider mediation - must have regard to the overriding objective set out in Rule 1 of the 2007 Rules
Guernsey Judgment 16/200924.03.09Cotterill v Le MarquandCourt of AppealLandlord and tenant - appeal from order for eviction from dwelling - Rent Control (Guernsey) Law, 1976 - whether s.14 engaged - tenant's application for rent to be assessed - s.14(1) did not apply to premises which did not have an assessed rent at the date that the eviction proceedings were begun - landlord therefore not prevented from commencing eviction proceedings - Rent Officer's statutory duty to proceed with an assessment notwithstanding the eviction proceedings - appeal dismissed
Guernsey Judgment 17/200908.04.09Woodbourne Trustees Ltd v Generali Worldwide Insurance Co LtdRoyal CourtCivil procedure - Royal Court Civil Rules, 2007 (Rule 38) - proper extent of 'case management' - interpretation of an implied term - whether a matter of pure law or to be viewed in the context of the parties' contractual relationship - relevance of expert evidence - held that the interpretation of the implied term, including the meaning of 'unreasonable' in this context, could not be resolved as a preliminary issue.
Guernsey Judgment 18/200908.04.09Ogier v PaintMagistrate's CourtParish Constable - action in tort - removal of abandoned vehicle from car park - action by owner of the vehicle, arising from damage to the vehicle - functions of Parish Constables considered - whether it was wrong in law for a public official to be sued in a private capacity - Court held that it is wrong to ask the Court to create immunity where none exists in law - held that there is no legal impediment preventing the Plaintiff from taking action against the person he holds responsible for causing the damage - defences raised by the Defendant - held that he had acted in good faith but that he had not established that the vehicle presented an imminent danger or that the manner in which the vehicle was moved was reasonable - judgment for the Plaintiff in the reduced sum of £200, being the maximum value of the vehicle, rather than the cost of the repairs - no order for costs
Guernsey Judgment 19/200909.04.09 and 03.06.09A v ARoyal CourtMatrimonial Causes (Guernsey) Law, 1939 - contested petition by the Wife alleging unreasonable behaviour by the Husband - legal principles to be applied - civil standard of proof - allegation of unreasonable behaviour upheld - wife awarded costs on the full indemnity basis
Guernsey Judgment 20/200908.04.09Bank of Scotland v Ferbrache et alRoyal CourtCivil Procedure - strike-out applications - whether inordinate and inexcusable delay - key dates in each action reviewed - held that there had been inordinate and inexcusable delay by the Plaintiff - however the Defendants had failed to establish that the delay would prejudice the prospects of a fair trial - strike-out applications dismissed
Guernsey Judgment 21/200901.05.09Boulton v Housing DeptRoyal CourtHousing (Control of Occupation) (Guernsey) Law, 1994 (s 56) - tenant's appeal from refusal of application for housing licence - 'open market' dwelling removed from the Housing Register at the instance of the landlord - tenant's decision to move, and therefore to apply for a licence, was due to increase of rent to market rate rather than States Policy on de-registration - Department held not to have been unreasonable in its consideration of other factors, such as period of residence in Open Market dwelling, familial connections etc - appeal dismissed (See Judgment 47/2006)
Guernsey Judgment 22/200915.05.09Public Services Dept v Miller & Baird (CI) LtdRoyal CourtCompanies (Guernsey) Law, 2008 (s.406) - States' application for compulsory winding up order - circumstances in which the court may exercise its discretion not to grant such an order - must be a genuine and serious cross-claim which the company had not reasonably been able to litigate and which exceeded the amount of the States' debt - a substantial cross-claim had been referred to arbitration - no exceptional circumstances why the court should not exercise its discretion not to grant the order sought - no reason to depart from the modern practice to dismiss rather than stay the application (See Judgments 51, 57, 59 and 68 of 2005)
Guernsey Judgment 23/200925.02.09 and 19.05.09Canivet Webber Financial Services Ltd v GFSCCourt of Appeal(i) Insurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) Law, 2002 - application to the Court of Appeal for leave to appeal from strike-out by the Royal Court of an appeal to that court ("the substantive appeal") from a decision by the Commission, and for leave to appeal from related orders ("the procedural appeals") - substantive appeal had been struck out as a result of the breach of an "unless order" by the Royal Court - review of the prospects of success in the substantive appeal - regulatory role of the Commission - held that the substantive appeal to the Royal Court had no realistic prospect of success - leave to appeal refused - costs to follow the event but not to be enforced without the leave of the Court of Appeal (ii) Application for leave to appeal to the Judicial Committee of the Privy Council - no appeal as of right under s.16 of the Court of Appeal (Guernsey) Law, 1961 - leave to appeal refused, there being no issue of law of public importance raised
Guernsey Judgment 24/200928.05.09Kinley v Dept of HousingRoyal CourtHousing (Control of Occupation) (Guernsey) Law, 1994 (s.56) - appeal from refusal of application for housing licence - whether unreasonable exercise of the Department's powers - confusion as to the relevance of the "Excellent Teacher Scheme" - held the application should firstly have been considered on employment related grounds (s.6 (2)(a) of the Law) - failure to notify the appellant that her application had not been considered under s.6 (2)(a) - European Convention on Human Rights (Art. 8) - right to respect for private and family life, home etc - held that the Dept had failed to demonstrate, pursuant to Art. 8 (2), that the interference with the right under Art. 8(1) was justified - reliance on the Housing Needs Survey - held that the Department had failed in its duty to exercise meticulous care in arriving at the decision under appeal - reasons for rejection of application not properly explained - held that he decision was so unreasonable that it must be set aside Royal Court Civ
Guernsey Judgment 25/2009 29.05.09Gresh v (i) RBC Trust Co (Guernsey) Ltd and (ii) HM Revenue and CustomsRoyal CourtRoyal Court Civil Rules, 2007 (Rule 37) - application by HMRC to be joined in the action by Mr Gresh against RBC seeking to apply the principle in Re Hastings-Bass - held that none of the three limbs of Rule 37 have been satisfied by HMRC - held that HMRC were seeking indirectly to enforce a foreign revenue law, and that the case came within the principle in Government of India v Taylor
Guernsey Judgment 26/2009 15.01.09 and 08.06.09E v ECourt of AppealMatrimonial Causes (Guernsey) Law, 1939 - application for leave to appeal to the Judicial Committee of the Privy Council from judgment given on 7 December 2007 - held that the applellant's papers did not disclose a ground of appeal properly so called or material indicating the possibility of a relevant argument in Law - application refused (See Judgments 43/2007 and 31/2008)
Guernsey Judgment 27/2009 12.06.09Good v Credit SuisseRoyal CourtEmployment law - action for breach of contract - strike out application under Rule 52 of the Royal Court Civil Rules, 2007 - whether 'stigma' damages can be awarded following the unfair dismissal of an employee - employment contract subject to an implied term of trust and confidence - position under Guernsey customary law, and subsequent to enactment of the Employment Protection (Guernsey) Law, 1998 - held that the Courts are not now able to develop implied contractual terms that would apply to a dismissal, as the legislature has intervened to provide a statutory remedy for unfair dismissal
Guernsey Judgment 28/200923.06.09Hutcheson et al v Spread Trustee Co LtdRoyal CourtStatutory interpretation - Trusts (Guernsey) Law, 1989, as amended in 1991 - provision that the terms of a trust cannot relieve a trustee of liability arising from gross negligence - whether retrospective effect prior to 1991 or 1989 - Guernsey and Jersey legislation compared - held that the 1991 statutory provision as to gross negligence was declaratory rather than novel - acting with gross negligence not compatible with acting en bon père de famille - held that the exoneration clause as to gross negligence was ineffective both before and after the legislation of 1989 and 1991 - leave granted to appeal to the Court of Appeal (See Judgment 10/2009)
Guernsey Judgment 29/200923.06.09Burford v FlybeRoyal CourtEmployment Protection (Guernsey) Law, 1998 - Sex Discrimination (Employment) (Guernsey) Ordinance, 2005 - proper approach to assessing a judgment by an employment tribunal - employee's appeal from findings by employment tribunal - findings as to date of dismissal - limited purpose of s 6(1) of the 1998 Law - whether 80% reduction of the award was Wednesbury unreasonable - finding as respects allegation of indirect sexual discrimination - proper approach to the test of justification - appeals dismissed
Guernsey Judgment 30/200923.06.09Public Services v Miller BairdRoyal CourtCompanies (Guernsey) Law, 2008 (s.406) - application by the States for compulsory winding up order had been dismissed - Company's application for full indemnity costs - costs awarded on the recoverable basis only (See Judgments 51, 57, 59 and 68 of 2005 and 22 of 2009)
Guernsey Judgment 31/200929.06.09F v FRoyal CourtMatrimonial Causes (Guernsey) Law, 1939 - Wife's application for wage arrest to recover arrears of maintenance for child of the marriage - Husband's application for remission of arrears and reduction in maintenance - legal principles to be applied
Guernsey Judgment 32/200908.07.09Margo v Environment DeptRoyal Court
Guernsey Judgment 33/200910.07.09Castellellino v BSI Generali Bank (CI) LtdRoyal CourtRoyal Court Civil Rules, 2007 (Rule 52) - action by former employee alleging breach of certain implied terms of his employment - strike-out application by the employer - principles to be applied - Guernsey employment legislation - relevance of English legal principles and case law - strike-out allowed in part, so as to limit the claim to loss to breaches of contract alleged to have occurred prior to termination - statutory right not to be unfairly dismissed and provision for compensation by an Employment and Discrimination Tribunal
Guernsey Judgment 34/200913.07.09E v ECourt of AppealMatrimonial Causes (Guernsey) Law, 1939 - application for leave to appeal to the Judicial Committee of the Privy Council from judgment given on 17 September 2008 - held that the value of the matter in dispute in the present appeal did not exceed £500 - Court of Appeal (Guernsey) Law, 1961 (Art.16) - application for leave to appeal refused - (See Judgments 43/2007 and 31/2008 and 26/2009)
Guernsey Judgment 35/200913.07.09Winnetka Trading Corp v Bank Julius BaerCourt of AppealLaw Reform (Miscellaneous Provisions) (Guernsey) Law, 1857 - appeal from grant of anti-suit injunction - construction of jurisdiction clauses in three agreements between the Bank and its customer, Winnetka - whether the jurisdiction clause had been incorporated in the agreement between the parties - alleged oral representations that the clause would not be relied on by the Bank - legal principles for the grant of an anti-suit injunction - exclusive and non-exclusive jurisdiction clauses - transitive and intransitive uses of the word 'submit' - any ambiguity to be construed contra proferentem - appeal allowed - oral application for leave to appeal to the Judicial Committee refused
Guernsey Judgment 36/200915.07.09Gallienne v Law Officers of the CrownCourt of AppealImportation of Class A drug - appeal against sentence - whether disparity of sentence with co-defendant - appropriateness of starting point and discount given for admissions and mitigation - appeal dismissed
Guernsey Judgment 37/200929.07.09Sheppard v C I Fire & Securities (Gsy) LtdRoyal CourtLoi relative aux Preuves 1865, (Article 35) - plaintiff employee's claim for back pay and holiday pay - whether the hourly rate of pay, as stated in the written contract of employment, had been varied by oral agreement - parole evidence rule - Jurats dismissed the action with costs
Guernsey Judgment 38/200930.07.09Braun v Brantridge Estates LtdRoyal CourtRoyal Court Civil Rules, 2007 (Rules 10, 11 and 89) - Administrator's application for a declaration that certain payments by Walter were "gratuitous benefits" under German Law - Brantridge raised Exception de Fonds - whether Administrator's application time-barred under German law - held that it was Guernsey Law, rather than German Law, which governed whether the limitation period (set by German Law) had been interrupted by the commencement of these proceedings - applying the rules of the lex fori, under Rule 89 the action commenced when the summons was handed to HM Sergeant for service - held that the present proceedings had commenced within the limitation period (See also Judgments 40/2006 and 50/2006)
Guernsey Judgment 39/200919.08.09F v FRoyal CourtMatrimonial Causes (Guernsey) Law, 1939 - Husband's application to reduce existing orders for maintenance of his former wife and their children - limited circumstances in which Consent Orders could subsequently be varied - evidential insufficiency - Husband's application failed
Guernsey Judgment 40/200928.08.09Prentice v Garrard and Manning as Administrators of Landsbanki Guernsey Ltd and LLoyds TSB Offshore LtdRoyal CourtAction by depositor for recovery of monies deposited with Landsbanki - application by Administrators for the claim against them to be heard separately as a preliminary issue - Royal Court Civil Rules, 2007 (Rules 1 and 38) - need to give effect to 'the overriding objective' and ensure 'proportionality' - held that justice required one trial of the issues rather than the possible added delay, frustration and expense of separate trials
Guernsey Judgment 41/200909.09.09Manches LLP v Inter Global Financial LtdRoyal CourtJudgments (Reciprocal Enforcement) (Guernsey) Law, 1957 - application to register a judgment originally granted in a County Court in England and Wales which had been transferred to the High Court for enforcement - held that, for the purpose of the 1957 Law, the judgment was one of "a Superior Court" - registration granted
Guernsey Judgment 42/200916.09.09Gresh v RBC Trust Company (Guernsey) Ltd and HMRCCourt of AppealRoyal Court Civil Rules, 2007 (Rule 37) - Trusts (Guernsey) Law, 2007 (Section 69) and the rule in Re Hastings-Bass - appeal from refusal of application by HMRC to be joined in action by Mr Gresh - Matters to be established when invoking Rule 37 - held that HMRC have a direct interest in the subject matter of the action - not an attempt to enforce a foreign revenue claim - just and convenient to decide the issue between HMRC and Mr Gresh - appeal allowed with costs
Guernsey Judgment 43/200916.09.09Ryder v Law Officers of the CrownCourt of AppealGrievous bodily harm with intent - appeal against sentence - extent to which the Courts of Guernsey should have regard to the 'definitive guidelines' published by the Sentencing Guidelines Council in England and Wales - relevance of 'Guernsey-specific' considerations - starting point of eight years' imprisonment not inappropriate in this case - aggravating features and no personal mitigation - reduction of one quarter for the guilty plea was appropriate in this case - appeal dismissed
Guernsey Judgment 44/200921.09.09D (a Juvenile) v Law Officers of the CrownRoyal CourtDriving without due care and attention - appeal from the four months disqualification of driving licence imposed by the Juvenile Court - circumstances of the offence at a pedestrian crossing near La Houguette School - careless driving or riding near schools will be punished hard - appeal dismissed
Guernsey Judgment 45/200930.07.09H v HMagistrate's CourtDomestic Proceedings and Magistrate's Court (Guernsey) Law, 1988 - father's application for joint custody and access - Practice Direction No 6 on 'Applications relating to Children - Domestic Abuse and Harm' - need to approach cases involving children, where there are allegations of domestic abuse, with particular care - inappropriate to agree terms of contact without consideration of the risk
Guernsey Judgment 46/200924.09.09A J Driscoll v Law Officers of the CrownRoyal CourtCriminal appeal from the Magistrate's Court - importation of Class A and Class B Drugs respectively - appeal against sentence - whether the Assistant-Magistrate has taken due note of the mitigating factors - guidelines in Richardson and Edwards where very small quantities imported for personal use - to be punished in the same way as offences of simple possession - no requirement upon the Assistant-Magistrate to take any starting-point - appeal dismissed
Guernsey Judgment 47/200913.10.09Mateus v WaltersRoyal CourtProbate - dispute regarding administration of personal estate of an Alderney resident - valuation of business - plaintiff had chosen, with the leave of the Royal Court, to proceed in the Royal Court rather than in the Court of Alderney - valuation commissioned by the Plaintiff was of little value - application for directions refused - parties encouraged to seek the assistance of a local mediator in Alderney - amount in dispute did not justify further litigation
Guernsey Judgment 48/200930.10.09In re The O'Neill TrustsRoyal CourtTrusts (Guernsey) Law, 2007 (s.4(1)(a) and s.79) - application to rectify settlements - principles to be adopted - application granted
Guernsey Judgment 49/200926.11.09Spread Trustee Company Ltd v Hutcheson et alCourt of Appeal1. Statutory interpretation - Trusts (Guernsey) Law, 1989 as amended in 1991 - appeal from Royal Court finding that an exoneration clause as to gross negligence was ineffective both before and after the legislation of 1989 and 1991 - Jersey, English and Scottish authorities considered - concept of acting en bon père de famille - material before the States of Guernsey when legislating in 1989 and 1991 - Law of 1991 did no more than give statutory effect to what had always been the position - appeal dismissed 2. Application for leave to appeal to the Judicial Committee of the Privy Council - no right of appeal as the decision was interlocutory - leave to appeal refused - Respondents entitled to bring the matter to trial without further delay (See Judgments 10/2009 and 28/2009)
Guernsey Judgment 50/200930.11.09J v JRoyal CourtMatrimonial Cause - wife's application for security for periodical payments of maintenance - English authorities considered - Court has unfettered discretion - not one of those rare situations where such security was necessary - no order made
Guernsey Judgment 51/200908.12.09In re KJuvenile CourtPublic Law - Children and Young Persons (Guernsey) Law, 1967 as amended - care proceedings - finding of fact application by the States Health and Social Services Department - standard of proof held to be on the balance of probabilities
Guernsey Judgment 52/200914.12.09C M Enterprises Ltd v Environment DeptRoyal CourtIsland Development (Guernsey) Law, 1966 - appeal from decision by Environment Department refusing permission in principle to erect a dwelling - Urban Area Plan - Policies GEN 12 (Effect on adjoining properties) DBE 5 (Open Space) and HO2 (Opportunity Sites) - appeal allowed
Guernsey Judgment 53/200922.12.09In re Estate of Florian Carr et alRoyal CourtWill of personalty - executors' application to rectify - Guernsey and Jersey authorities considered - rectification a remedy 'which must be used sparingly and with extreme caution' - simple drafting error - Jurats held that there was extrinsic evidence of the testator's intention - application granted