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2011

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No in Annual Series
Date
Parties
Court
Details
Guernsey Judgment 1/201104.01.2011Jubilee Scheme 3 Limited Partnership v Capita Symonds LimitedCourt of AppealLaw Reform (Miscellaneous Provisions) (Guernsey) Law, 1987 (s.7) - interlocutory act of court had been registered with leave in the Livre des Hypothèques at the Greffe - application for leave to appeal from decision of Royal Court refusing application to vary registration - legal effect of registration of an interlocutory act of court - review of Norman, French and Guernsey authorities - factors to be taken into account in the exercise of judicial discretion under s.7 - inadequate information provided by the applicant - leave to appeal granted and appeal dismissed. (See Judgment 33/2010)
Guernsey Judgment 2/201117.01.2011John Flint v The Law Officers of the CrownRoyal CourtCriminal appeal from the Magistrates' Court - from sentence on two counts of assault - sentencing remarks - no addition to the sentence as a penalty for a not guilty plea - domestic violence - aggravating factors - totality of the sentence not manifestly excessive - appeal dismissed.
Guernsey Judgment 3/201120.01.2011Woodbourne Trustees Ltd & Generali Worldwide Insurance Company LimitedRoyal CourtAnnuity and life assurance policies - personal placement market - action alleging excess fees charged by insurer - exercise of 'contractual discretion' - whether terms to be implied - judgment in favour of the Plaintiff in respect of monies retained from surrender proceeds - case preparation and need for proper organisation of files.
Guernsey Judgment 4/201102.02.2011The Law Officers of the Crown v Anthony John JonesRoyal CourtCriminal trial - offences of attempted murder or, in the alternative, wounding with intent - application to exclude proposed prosecution evidence - relevance, discretion at common law to exclude relevant evidence and s.78 of the Police Powers and Criminal Evidence (Bailiwick of Guernsey) Law, 2003.
Guernsey Judgment 5/201115.04.2011Garnet Investments Limited v The Chief Officers FIS, Customs & Excise, Immigration and Nationality ServiceRoyal CourtJudicial review - decision by the FIS refusing permission to operate bank account belonging to the applicant - Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 - whether decision unreasonable in the Wednesbury sense, disproportionate and in breach of Article 1 Protocol 1 of the European Convention on Human Rights - failure to give reasons - decision quashed.
Guernsey Judgment 6/201111.02.2011R G Ellis Limited and Caxton Holdings LimitedRoyal CourtEnforcement of civil judgment by the Royal Court - Judgment Creditor's application for disclosure of accounting records of the Judgment Debtor - held that inherent jurisdiction of the Court to grant injunctions is similar to that given to English Courts by s.37(1) of the Supreme Court Act 1981 - order for disclosure to the Advocate for the Judgment Creditor - documents not however to be disclosed to his client without further order of the Court.
Guernsey Judgment 7/2011 16.03.2011De Garis & Kaines v The Law Officers of the CrownRoyal CourtAssault, perverting the course of justice and grievous bodily harm - application for leave to appeal against sentence - where the evidence was fairly strong, a discount of 25% for a guilty plea would not be interfered with - sentences in respect of separate victims but at the same time and part of the same incident should have been concurrent and not consecutive - the two consecutive sentences each of two years replaced by concurrent sentences each of four years - totality principle - aggregate sentence on de Garis reduced from 8 years to 7 years.
Guernsey Judgment 8/201105.04.2011R v RRoyal CourtMatrimonial Causes (Guernsey) Law, 1939 - wife's application in respect of the matrimonial home and maintenance for herself and the children of the marriage - regard to the 'check-list' in s.25 of the English Matrimonial Causes Act, 1973 - housing of the parent with care of the children must come first - house to be vested in the wife with the husband entitled to a 50% share in the equity on one of the 'trigger' events - detailed order to be drafted by counsel.
Guernsey Judgment 9/201111.04.2011Mitco Realty and Develica Deutschland LtdRoyal CourtRoyal Court Civil Rules, 2007 - application by Mitco for security for costs, under Rule 82, in respect of counterclaim brought by Develica - relevance of Solvency Certificate under s.304 of the Companies (Guernsey) Law, 2008 - held that the Court has discretion whether to order a defendant to provide security for the cost of defending a counterclaim - application dismissed.
Guernsey Judgment 10/201114.04.2011Le Huray v States of GuernseyRoyal CourtAction against the States alleging false imprisonment and assault - Exception de Fonds raised by the States - whether the States is liable at law for the wrongful acts or omissions of Police or customs officers - review of the status of a Police Officer at Common Law - held that the status of police officers and the States was not that of master and servant and that the States was not vicariously liable for actions of Police Officers - no reason to treat Customs Officers in their law enforcement roles differently from Police Officers - no breach of European Court of Human Rights because the plaintiff had the remedy to sue individual officers - Human Rights (Bailiwick of Guernsey) Law, 2000 (fully brought into force on 1st September 2006) did not have retrospective effect.
Guernsey Judgment 11/201118.04.2011Maurice v Jeremiah (Chief Executive of the States of Alderney)Royal CourtJudicial review - appeal from refusal by the Court of Alderney - application to import vehicle - appellant had subsequently been granted what he originally sought - no longer any substance to the appeal - no general public purpose would be served by hearing the appeal - appeal dismissed with no order as to costs.
Guernsey Judgment 12/201103.05.2011Cotterill v Blanchelande Park Nursing Home LimitedRoyal CourtEmployment Protection (Guernsey) Law, 1998 (s.27) - employee's application for leave to appeal from Tribunal decision - held that the appellant had raised no point of law or procedural irregularity on which to found an appeal to the Royal Court - application for leave dismissed.
Guernsey Judgment 13/201113.05.2011Roger Walter Francis Taylor v Law Officers of the CrownCourt of AppealCriminal appeal - (i) appeal from conviction and application for leave to appeal from sentence - Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 - appeal based on criticism of pre-trial ruling - application for stay of proceedings on grounds of unreasonable delay by the prosecution - application for disclosure of prosecution material - trial judge's reference to Public Interest Immunity - whether search warrant was unlawful - appeal against conviction dismissed (ii) application for leave to appeal against sentence dismissed - importance of Guernsey's finance sector and its reputation for probity and integrity.
Guernsey Judgment 14/201104.07.2011Trustee 'T' and RespondentsRoyal CourtThe Trust (Guernsey) Law 2007 - application for a variation of a trust - section 57 - application granted.
Guernsey Judgment 15/201103.05.2011Rothschild Trust Guernsey Limited & Pateras & Katigko-KalliopiRoyal CourtTrust (Guernsey) Law 2007 - application to confirm that a trust had been validly constituted and that the trustee was validly appointed.
Guernsey Judgment 16/201126.05.2011Williams & VowlesRoyal CourtMedical negligence claim - judgment prepared by the Deputy Bailiff and Jurats under s.16(5) of the Royal Court (Reform) Guernsey Law, 2008 - Jurats found in favour of the Defendant. The Plaintiff brought an action alleging medical negligence following a right thyroid lobectomy which resulted in a right vocal cord palsy and problems with her voice and throat. She claimed £50,000 for pain, suffering and loss of amenity etc.
Guernsey Judgment 17/2011 12.04.2011Synergy Classic Limited and D.E.S. Commercial Holdings et alRoyal CourtCompanies (Guernsey) Law 2008 s.349 application for an order to strike out application by Synergy Classic Limited - order granted - Synergy had no standing to make an application under s.349.
Guernsey Judgment 18/201114.06.2011Bienvenu & LynchRoyal CourtAdmissibility of evidence - application to exclude evidence - refused.
Guernsey Judgment 19/201106.07.2011The Chief Officer, Customs & Excise, Immigration & Nationality Service v Garnet Investments LimitedCourt of AppealCriminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 - Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) (Enforcement of Overseas Confiscation Orders) Ordinance, 1999 - appeal against a decision of the Royal Court granting a judicial review of a decision of the Financial Intelligence Service. Appeal allowed.
Guernsey Judgment 20/201108.07.2011HSBC Trustee (Guernsey) Limited (as Trustee of the Glencoe Investments Trust) v KingsRoyal CourtTrusts - application by the Trustees for rectification of a previous share transfer. Order applied for granted.
Guernsey Judgment 21/201112.07.2011Jason John Duncombe v Law Officers of the CrownCourt of AppealBurglary - application for leave to appeal against sentence - application refused.
Guernsey Judgment 22/201112.07.2011Mark Richard Gunter v Law Officers of the CrownCourt of AppealProtection of Children (Bailiwick of Guernsey) Law 1985 s.3A(i) - Possessing illegal images of children - application for leave to appeal against sentence. Sentencing guidelines set out. Appeal allowed in part.
Guernsey Judgment 23/201112.07.2011Martin Philip Wright v Law Officers of the CrownCourt of AppealPolice Property and Forfeiture (Bailiwick of Guernsey) Law 2006 - appeal against forfeiture of computer - appeal dismissed.
Guernsey Judgment 24/201111.08.2011Alan Michael John Baker v Chairman of the Parole Review CommitteeRoyal CourtParole Committee Review (Guernsey), Law, 1989 and Ordinance, 1991, as amended - application for Judicial Review - seeking to quash decision of the Parole Committee's decision as an unreasonable exercise of their power - decision quashed - Court directed that the matter be remitted.
Guernsey Judgment 25/201128.06.2011In re a SettlementRoyal CourtTrusts (Guernsey) Law 2007 - Section 57 - application to vary a trust - £80,000,000 - to benefit as many future generations as possible - application granted.
Guernsey Judgment 26/201102.09.2011Forfeiture of money, Funds held in Cash and Application of HM ProcureurRoyal CourtCivil Proceedings (Bailiwick of Guernsey) Law, 2007, application forfeiture of money - granted.
Guernsey Judgment 27/201131.08.2011Ferbrache et al and the Chief Officer of Police and Judge John Russell FinchRoyal CourtApplication to adjourn judicial review proceedings - granted.
Guernsey Judgment 28/201115.09.2011Robert Andre Le Billon v Law Officers of the CrownCourt of AppealMisuse of Drugs (Bailiwick of Guernsey) Law 1974 and Import and Export (Control) (Guernsey) Law, 1946 - appeal against acquittal - importation of mephedrone - appeal against acquittal - importation of a medicinal product - appeal allowed.
Guernsey Judgment 29/201122.07.2011Carlyle Capital Corp Limited, Roberts et al & Conway et alRoyal CourtThe Companies (Guernsey) Law 1994 - company liquidation. Plaintiffs seeking to recover considerable damages and other relief. Failure of the duties arising under and connected with an investment management agreement. Similar proceedings issued in Delaware decision of jurisdiction between Delaware and Guernsey.
Guernsey Judgment 30/201115.09.2011Carlyle Capital Corp Limited, Roberts et al & Conway et alCourt of AppealCompanies (Guernsey) Law 1994, application for leave to appeal the judgment given by the Royal Court - company liquidation - decision on jurisdiction to hear dispute - Delaware or Guernsey. Appeal for leave to appeal and for the substantive appeal to be heard, referred to the plenary sitting of the Court of Appeal.
Guernsey Judgment 31/201115.09.2011Benjamin Alexander Bryant v Law Officers of the CrownCourt of AppealTheft (Bailiwick of Guernsey) Law, 1983 - appeal against sentence - insufficient credit given for guilty plea and sentence manifestly excessive in the circumstances - appeal allowed.
Guernsey Judgment 32/201123.02.2011Hitchins, Levy, Hitchins & Hill, Lloyds TSB Offshore Trust Company LimitedRoyal Court23rd February, 2011 - Trusts (Guernsey) Law, 1989 - transfer of an equitable interest - held that a letter by the mother of the parties, now deceased, could be a sufficient direction to nominee/trustee shareholders to hold the shares on trust for the First Defendant - whether the letter did actually achieve a transfer depended on factual issues yet to be agreed or resolved. 17th October, 2011 - Consideration relevant to weighting of hearsay evidence - undue influence - transfer of beneficial ownership - not valid due to undue influence - Court found in favour of the Plaintiffs.
Guernsey Judgment 33/201110.11.2011In the matter of an application by Aidan Richard SherryRoyal CourtApplication for leave to appeal out of time - a decision of the Magistrates Court from 1980. Application refused.
Guernsey Judgment 34/201104.11.2011Propinvest Group Limited - Application for Administration OrderRoyal CourtCompanies (Guernsey) Law 2008 - application for an administration order - Section 374 - insolvency test - application granted.
Guernsey Judgment 35/201122.11.2011Williams Guardianship - Application to be appointed Special Guardian and Application to sell RealtyRoyal CourtApplication to appoint a guardian and to sell realty - granted.
Guernsey Judgment 36/201114.12.2011Simon Thomas Bienvenu v Law Officers of the CrownCourt of AppealCriminal appeal from the Royal Court - appeal against sentence - two counts of importation of controlled drugs - appeal dismissed.
Guernsey Judgment 37/201114.12.2011William Collins v Law Officers of the CrownCourt of AppealCriminal appeal from the Royal Court - appeal against sentence - driving whilst having consumed excess alcohol - driving without third party insurance - failing to surrender to custody - appeal dismissed.