2002
- No in Annual SeriesDatePartiesCourtDetails
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Guernsey Judgment 12/200220.09.2002Klabin v Technocom LimitedCourt of Appeal
Civil Procedure—discovery—"reference" to documents—to justify order for disclosure of document under Royal Court Civil Rules 1989, r.41(2), "reference" to document in pleadings or affidavits must be direct allusion or express reference to document or class of documents—sufficient if makes compendious reference to documents, identifying by character or location in manner clearly distinguishing them from other material referred to. Civil Procedure—discovery—"reference" to documents—under Royal Court Civil Rules 1989, r.41(2), "reference" to be given ordinary meaning and not include reference by inference—insufficient for reference merely to give reader strong grounds to suspect existence of particular document.
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Guernsey Judgment 11/200220.09.2002Island Development Committee v Portholme Properties LimitedCourt of Appeal
Planning Law—appeals—jurisdiction—existence of express provision for appeal from Royal Court to Court of Appeal in comparable statutes (providing for appeals from States Committees) no bar to such appeal under Island Development (Guernsey) Law 1966, which contains no such provision—no reason for appeal from Island Development (Guernsey) Law 1966, s.26(1) to go straight to Privy Council. Planning Law—development—change of use—"infill" developments—Rural Area Plan limits residential development in built-up areas not designated for residential development to "infill" developments comprising one or two properties—applications for "infill" developments to be considered on merits, and not possible to rely on absence of prohibition to justify Island Development Committee allowing "infill" development of 10 properties.
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Guernsey Judgment 10/200219.09.2002Marsh v Law Officers of the CrownCourt of Appeal
Evidence—identity—visual identification—if prosecution case depends on witness previously unacquainted with accused being able to recall accused's appearance from previous sighting, may require Turnbull direction—Jurats to be warned of difficulties of recollection and attention to be drawn to any circumstances of previous sighting affecting reliability of subsequent identification. Evidence—privilege—public interest immunity—proposed disclosure of relevant evidence may attract public interest immunity, e.g. because identifies informant or person assisting police—prosecution to make application to exclude evidence in presence of defendant's advocate if issue can be discussed without disclosing material evidence—court to weigh prejudice to defendant from exclusion against public interest in protecting identities and overriding consideration of fair trial. Human Rights—right to fair trial—evidential irregularities—court to decide whether appellant's right to fair trial under European
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Guernsey Judgment 9/200215.07.2002Stuart-Hutcheson v Spread Trustee Company LimitedCourt of Appeal
Trusts—beneficiaries—rights—disclosure by trustee—as matter of principle, beneficiary has right to ask trustees for information and documents about trust assets and administration—right of non-vested beneficiary arises from duty of trustees to account to beneficiaries, not proprietary right to documents sought—information not to be limited to state and amount at time of beneficiary's request—may be required to create and compile fresh information.
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Guernsey Judgment 7/200205.07.2002Smith v Education Council of the StatesCourt of Appeal
Employment—disciplinary sanctions—use of improper sanction—employee may be estopped from pleading breach of contract if acquiesces in use of improper sanction, e.g. teacher estopped from claiming demotion invalid as not available disciplinary sanction if assumes otherwise, accepts sanction and continues demoted for several years before alleging employer's improper exercise of powers. Estoppel—estoppel by convention—definition and application—estoppel by convention may arise when both parties to transaction act on assumed and mistaken view of facts or law, assumption being shared by both or made by one and acquiesced in by other—estoppel precludes parties from denying truth of assumption if unjust to allow them (or one of them) to go back on it.
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Guernsey Judgment 6/200205.07.2002Reid, Bryson and Spickernell v European Internet Capital Limited and Four OthersCourt of Appeal
Companies—shareholders—right to convene meeting—agent may requisition meeting on shareholders' behalf provided shareholders recognized as company to do so and all consent—if consent not properly obtained by requisitioning instruments, subsequent ratification not possible, but oral consent prima facie suggests consent obtained and meeting may validly be held. Companies—shareholders—right to convene meeting—court may exceptionally grant interim injunction restraining shareholders from removing directors, e.g. if disputed shares relied on for right to call meeting, serious disruption caused if shares then declared invalid and damages insufficient remedy, and on balance of convenience injunction better than considerable uncertainty whilst validity of shares determined in foreign jurisdiction.
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Guernsey Judgment 3/200220.05.2002Waterman v McCormackCourt of Appeal
Land Law—co-ownership—shares of co-owners—if one joint owner provides all or most funds to purchase property in which both live, in absence of different shares stated in conveyance court should determine that ownership held in equal, undivided shares and order proceeds of sale to be divided equally between joint owners.
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Guernsey Judgment 2/200218.04.2002Carroll v Highseal Windows LimitedCourt of Appeal
Conflict of Laws—reciprocal enforcement of judgments and orders—registration of foreign judgments—English county court judgments not registrable under Judgments (Reciprocal Enforcements) (Guernsey) Law 1957 but enforceable as debts in summary judgment proceedings.
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Guernsey Judgment 1/200218.04.2002Richards and Five Others v Law Officers of the CrownCourt of Appeal
Criminal Law—drugs—importation—revision of guidelines for sentencing for offences of importation, possession and supply of drugs, setting out common approach in Guernsey and Jersey to sentence starting point bands for Class A and Class B drugs in various forms, aggravating and mitigating factors with effect on sentence, and other factors to be considered.