Subject-Matter Index

An alphabetical listing of all the subjects dealt with in The Guernsey Law Reports. The principal subjects are identified with bold hyperlinks, which open separate screens giving the breakdown of the subject and linking each legal point to the judgments themselves.

CALLING OF WITNESSES. See EVIDENCE (Witnesses—calling of witnesses)

CANNABIS. See CRIMINAL LAW (Drugs—being concerned in supply), (Drugs—cultivation), (Drugs—importation), (Drugs—suffering smoking of cannabis)

CAPACITY TO MAKE DECISIONS AS TO MEDICAL TREATMENT. See MEDICINE (Medical treatment—refusal of treatment)

CAPITAL ASSETS

Acquisition and disposal of capital assets. See INCOME TAX (Capital assets—acquisition and disposal)

Cohabitees. See FAMILY LAW (Property—cohabitees)

Equality. See FAMILY LAW (Financial provision—equality)

Financial provision. See FAMILY LAW (Financial provision—factors to be considered), (Financial provision—property adjustment order)

Income tax. See INCOME TAX (Capital assets)

Matrimonial home. See FAMILY LAW (Financial provision—matrimonial home)

Pensions. See FAMILY LAW (Financial provision—pensions)

CAPITAL EXPENDITURE. See INCOME TAX (Capital assets—acquisition and disposal), (Income or capital)

CAPITAL GAINS. See INCOME TAX (Income or capital)

CARE HOMES. See COMPANIES (Administration orders—factors to be considered)

CARE REQUIREMENT. See FAMILY LAW (Children—care requirement)

CASE MANAGEMENT. See CIVIL PROCEDURE (Case management), (Consolidation of actions—factors to be considered), (Trial of preliminary issue—factors to be considered). EMPLOYMENT (Employment & Discrimination Tribunal—regulation of Tribunal’s procedure)

CAUSATION. See CIVIL PROCEDURE (Costs—wasted costs)

CERTAINTY. See CONTRACT (Certainty). TRUSTS (Creation—certainty)

CHAMPERTY. See CONTRACT (Illegal contracts—agreements contrary to public policy)

CHANGE OF PLEA. See CRIMINAL PROCEDURE (Pleas—equivocal plea)

CHARACTER. See EVIDENCE (Similar facts—previous offences and bad character)

CHARGES. See CRIMINAL PROCEDURE (Charges)

CHARITIES

Charitable trusts. See TRUSTS (Charitable trusts)

CHIEF PLEAS OF SARK. See CONSTITUTIONAL LAW (Chief Pleas of Sark)

CHILD PORNOGRAPHY. See CRIMINAL LAW (Indecent photographs of children)

CHILDREN. See COURTS (Juvenile Court). CRIMINAL LAW (Children), (Gross indecency with children), (Indecent assault—girl between 13 and 16), (Indecent assault—girl under 13), (Indecent photographs of children). FAMILY LAW (Children), (Children—assistance to foreign court), (Financial provision—children), (Financial provision—secured periodical payments)

CHOSE IN ACTION. See BANKING (Accounts—assignment)

CIRCUMSTANTIAL EVIDENCE. See EVIDENCE (Circumstantial evidence)

CITATION OF PRECEDENTS. See COURTS (Law reports—citation)

CITIZENSHIP. See FAMILY LAW (Marriage—citizenship)

CIVIL PROCEDURE

CIVIL SERVANTS. See EMPLOYMENT (Redundancy—civil servants)

CLAIM FOR COSTS. See CIVIL PROCEDURE (Costs—claim for costs)

CLAMEUR DE HARO. See INJUNCTIONS (Clameur de Haro)

CLEAN BREAK. See FAMILY LAW (Financial provision—clean break)

CLOSING SPEECHES. See CRIMINAL PROCEDURE (Closing speeches)

CO-ACCUSED. See CRIMINAL PROCEDURE (Sentence—co-accused)

CO-OWNERSHIP. See CIVIL PROCEDURE (Parties—joinder of parties). FAMILY LAW (Financial provision—matrimonial home). LAND LAW (Co-ownership)

CODES OF CONDUCT. See ADVOCATES (Professional etiquette—codes of conduct)

COHABITEES. See FAMILY LAW (Property—cohabitees), (Property—jointly owned property)

COLLATERAL CONTRACTS. See CONTRACT (“Entire contract” clauses—effect)

COLLATERAL WAIVER. See ADVOCATES (Professional privilege—legal advice privilege)

COLLISIONS AT SEA. See SHIPPING (Collisions at sea)

COMITY. See CIVIL PROCEDURE (Parties—joinder of parties), (Service out of jurisdiction—alternative means of service). CONFLICT OF LAWS (Comity). INJUNCTIONS (Anti-suit injunction—factors to be considered)

COMMENCEMENT OF PROCEEDINGS. See CIVIL PROCEDURE (Commencement of proceedings). CONFLICT OF LAWS (Civil procedure—commencement of proceedings)

COMMERCIAL BURGLARY. See CRIMINAL LAW (Burglary)

COMMITTAL PROCEEDINGS. See COURTS (Contempt of court—breach of court order)

COMMITTEE FOR AFFAIRS OF JERSEY AND GUERNSEY. See ADMINISTRATIVE LAW (Judicial review—Committee for Affairs of Jersey and Guernsey). CONSTITUTIONAL LAW (Committee for Affairs of Jersey and Guernsey)

COMMON LAW OF GUERNSEY. See COURTS (Role of judiciary—judicial law-making). JURISPRUDENCE (Common law). TRUSTS (Development of Guernsey law—mixed English and Guernsey customary principles)

COMMUNITY PARENTING ORDER. See FAMILY LAW (Children—community parenting order)

COMPANIES

COMPENSATION. See CIVIL PROCEDURE (Set-off—compensation in customary law)

COMPENSATION FOR SEX DISCRIMINATION. See EMPLOYMENT (Sex discrimination—compensation)

COMPENSATION FOR UNFAIR DISMISSAL. See EMPLOYMENT (Termination—unfair dismissal)

COMPETITION. See EMPLOYMENT (Restraint of competition)

COMPLAINT AGAINST ADVOCATE. See ADVOCATES (Disciplinary proceedings—Registrar’s handling of complaint)

COMPLAINTS. See EVIDENCE (Complaints)

COMPLIANCE WITH COURT ORDER. See CIVIL PROCEDURE (Compliance with court order)

COMPULSORY WINDING UP. See COMPANIES (Compulsory winding up)

COMPUTERS. See CRIMINAL LAW (Indecent photographs of children—sentence). CRIMINAL PROCEDURE (Sentence—forfeiture)

CONCURRENT AND CONSECUTIVE SENTENCES. See CRIMINAL PROCEDURE (Sentence—concurrent and consecutive sentences)

CONDUCT OF PARTIES. See EDUCATION (Teachers—disciplinary sanctions)

CONDUCT OF TRIAL. See CRIMINAL PROCEDURE (Sentence—sentencing information)

CONFESSIONS. See EVIDENCE (Admissibility—exclusion of relevant evidence)

CONFIDENTIALITY. See ADVOCATES (Duties to client—confidentiality), (Duties to client—conflict of interest), (Professional privilege—legal advice privilege), (Professional privilege—litigation privilege), (Removal of advocate—discretion of court). BANKING (Banker and customer—confidential information). CIVIL PROCEDURE (Hearing—hearing in private). CONFLICT OF LAWS (Parallel foreign proceedings—information released for parallel foreign proceedings). EMPLOYMENT (Duties of employee—confidentiality). TORT (Breach of confidence), (Misuse of private information). TRUSTS (Beddoe application—confidentiality), (Powers and duties of trustees—duty of confidentiality), (Powers and duties of trustees—duty to give information to beneficiaries)

CONFISCATION ORDERS. See CRIMINAL LAW (Drugs—proceeds of trafficking). CRIMINAL PROCEDURE (Proceeds of criminal conduct—confiscation order)

CONFLICT OF INTEREST. See ADVOCATES (Duties to client—confidentiality), (Duties to client—conflict of interest), (Removal of advocate—discretion of court). TRUSTS (Powers and duties of trustees—application for directions), (Powers and duties of trustees—control by court), (Supervision by court—exercise of discretion)

CONFLICT OF LAWS

CONFRONTATION OF WITNESSES. See CRIMINAL PROCEDURE (Fair trial—confrontation of witnesses). HUMAN RIGHTS (Right to fair trial—right to confront witnesses)

CONSENT. See CRIMINAL LAW (Sodomy—consent). HUMAN RIGHTS (Right to respect for private and family life—consensual sexual acts)

CONSENT TO DIVORCE. See FAMILY LAW (Divorce—2 years’ living apart and consent)

CONSOLIDATION OF ACTIONS. See CIVIL PROCEDURE (Consolidation of actions)

CONSPIRACY. See CRIMINAL LAW (Drugs—importation). TORT (Conspiracy)

CONSTABLE. See PAROCHIAL ADMINISTRATION (Constable)

CONSTITUTION OF COURT. See COURTS (Court of Appeal—constitution of court), (Royal Court—Jurats)

CONSTITUTIONAL LAW

CONSTRUCTION AND REPAIR OF HIGHWAY. See HIGHWAYS AND ROADS (Construction and repair)

CONSTRUCTION INDUSTRY

CONSTRUCTIVE DISMISSAL. See EMPLOYMENT (Termination—constructive dismissal)

CONSTRUCTIVE TRUSTS. See TRUSTS (Constructive trusts)

CONTEMPT OF COURT. See COURTS (Contempt of court). DOCUMENTS (Execution—refusal to obey court order)

CONTRACT

CONTRIBUTIONS FOR SUPPORT. See FAMILY LAW (Financial provision—payment of debts)

CONTRIBUTORY NEGLIGENCE. See EMPLOYMENT (Safety—breach of statutory duty), (Safety—safe system of work). TORT (Negligence—contributory negligence)

CONVEYANCING. See LAND LAW (Conveyancing), (Passing of conveyance)

CONVICTION. See CRIMINAL PROCEDURE (Abuse of process—appeals against conviction), (Appeals—appeals against conviction)

CORONAVIRUS. See PUBLIC HEALTH (Coronavirus)

CORONER. See ADMINISTRATIVE LAW (Judicial review—Coroner’s inquests). COURTS (Magistrate’s Court—Coroner). INQUESTS (Evidence—material supplied to Coroner), (Law applicable)

CORPORATE SERVICES PROVIDER. See FINANCIAL SERVICES (Corporate services provider)

CORRECTION OF ERRORS. See EMPLOYMENT (Employment & Discrimination Tribunal—correction of Tribunal’s errors in decisions and notices)

CORRUPTION. See CRIMINAL LAW (Corruption)

COSTS. See ADMINISTRATIVE LAW (Appeals—costs). ADVOCATES (Costs). ARBITRATION (Costs). BANKING (Interpleader relief—costs). CIVIL PROCEDURE (Costs), (Interpleader relief—costs). COMPANIES (Schemes of arrangement—sanction by court). FAMILY LAW (Costs), (Financial provision—costs). SUCCESSION (Costs). TRUSTS (Costs)

COUNTERCLAIM. See CIVIL PROCEDURE (Counterclaim), (Judgments and orders—registration)

COURIERS. See CRIMINAL LAW (Drugs—importation), (Drugs—possession with intent to supply)

COURT OF ALDERNEY. See COURTS (Court of Alderney)

COURT OF APPEAL. See COURTS (Court of Appeal), (Royal Court—leave to appeal)

COURT WELFARE REPORT. See FAMILY LAW (Children—assistance to foreign court)

COURTS

CREDIBILITY. See EVIDENCE (Complaints—credibility of complainant), (Witnesses—credibility)

CREDITORS. See COMPANIES (Protected cell companies—administration). FAMILY LAW (Financial provision—payment of debts)

CRIMINAL LAW

CRIMINAL PRESCRIPTION. See PRESCRIPTION (Criminal prescription)

CRIMINAL PROCEDURE

CRITERIA FOR PAROLE. See PRISON (Parole—criteria for decision)

CROSS-ADMISSIBILITY OF EVIDENCE. See EVIDENCE (Similar facts)

CROSS-APPEALS. See COURTS (Court of Appeal—appeals to Privy Council), (Judicial Committee of Privy Council—leave to appeal)

CROSS-BORDER INSOLVENCY. See BANKRUPTCY AND INSOLVENCY (Cross-border insolvency). COMPANIES (Liquidators—recognition of foreign liquidators). CONFLICT OF LAWS (Assistance to foreign court—discretion of Guernsey court), (Cross-border insolvency), (Parallel foreign proceedings—stay of Guernsey proceedings), (Recognition of foreign proceedings—foreign liquidator)

CROSS-CLAIM. See COMPANIES (Compulsory winding up—grounds for winding up)

CULPA LATA DOLO AEQUIPARATUR. See TRUSTS (Liabilities of trustees—exclusion of trustee’s liability)

CULTIVATION OF CANNABIS. See CRIMINAL LAW (Drugs—cultivation)

CURATELLE. See MENTAL HEALTH (Curatelle)

CURATEUR. See MENTAL HEALTH (Curatelle), (Curateur)

CUSTOMARY LAW. See COURTS (Royal Court—appeals from Seneschal’s Court), (Seneschal’s Court—jurisdiction), (Seneschal’s Court—Seneschal’s powers). JURISPRUDENCE (Common law), (Reception of English law—trusts). TRUSTS (Development of Guernsey law—mixed English and Guernsey customary principles)

CUSTOMS AND EXCISE

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