2003

Guernsey Judgment 60/2003

18.12.2003

Kaduna Limited v R Durtnell & Sons Limited

Court of Appeal

Contract - building works - award by adjudicator in England - freezing order made by Royal Court - order subsequently discharged - defendant (now the appellant) sought full indemnity costs - freezing and costs orders both matters of judicial discretion - circumstances in which appellate court would interfere with exercise of discretion - burden of proof lies on the plaintiff (now the respondent to the appeal) to show that an interim ex parte order was properly obtained - further pursuit of costs was unjustified - appeal dismissed.

Guernsey Judgment 57/2003

18.12.2003

Smith v Cornell

Court of Appeal

Appeals from eviction order, injunction and summary judgment as to costs - appellant's claim to ownership based on a verbal conveyance and uninterrupted possession for more than twenty years - criteria for award of costs on full indemnity basis - criteria for summary judgment.

Guernsey Judgment 56/2003

18.12.2003

Daniel David Henderson v Law Officers of the Crown

Court of Appeal

Importation of Class A drug - sentence - co-accused - starting point should have reflected appellant's lesser degree of involvement.

Guernsey Judgment 55/2003

18.12.2003

Seed International Limited v Tracey et al

Court of Appeal

Law Reform (Miscellaneous Reform Provisions) (Guernsey) Law, 1987 - Mareva injunction freezing bank accounts in Guernsey - substantive proceedings commenced in the Netherlands - allegations of fraud - appeal from order by Royal Court for disclosure of information by the bank - jurisdiction of the Royal Court to make a disclosure order, ancillary to a freezing order, is not limited to support of proprietary claims - disclosure order may be made with an ambit wider than that of the associated freezing order.

Guernsey Judgment 54/2003

18.12.2003

Barrett & Barrett v Island Development Committee & Osprey Investments Limited

Court of Appeal

Island Development (Guernsey) Laws, 1966 to 1990 - appeal from refusal by Royal Court of application for leave to appeal or judicial review - nature of a preliminary declaration - relevant policies under Rural Area Plan (Phase 2) - IDC did not have sufficient information to enable it reasonably to conclude that the eventual application for planning permission was likely to be granted - preliminary declaration set aside.

Guernsey Judgment 53/2003

18.12.2003

Island Development Committee v Lainé & Lainé

Court of Appeal

Island Development (Guernsey) Laws, 1966 to 1990 - Rural Area Plan (Phase 1) - appeal by IDC from decision of the Royal Court - relevant test of unreasonableness to be applied by the Royal Court - margin of appreciation to be allowed to IDC - jurisdiction of the Court of Appeal - adequacy of directions given to Jurats - unlawful extension of the garden did not extend the cartilage of the dwelling for the purpose of applying the policies of the Plan - Jurats should indicate the basis on which they found a decision of the IDC to be reasonable or unreasonable.

Guernsey Judgment 52/2003

18.12.2003

Howard Roy Coleman v Law Officers of the Crown

Court of Appeal

Magistrate's Court (Criminal Appeals) (Guernsey) Law, 1988 - application for leave to appeal from conviction before Court of Alderney - driving motor vehicle after consuming excess alcohol - the verdict was supported by the evidence and was not obviously and palpably wrong.

Guernsey Judgment 51/2003

25.09.2003

Smith v Helmot & Helmot

Court of Appeal

Land - boundary dispute - appeal dismissed by Court of Appeal in 1998 - Application for leave to appeal to the Judicial Committee of the privy Council - must be made within a reasonable time.

Guernsey Judgment 50/2003

25.09.2003

Smith v Slawther

Court of Appeal

Land - boundary dispute - appeal dismissed by Court of Appeal in 1998 - Application for leave to appeal to the Judicial Committee of the Privy Council - must be made within a reasonable time.

Guernsey Judgment 49/2003

25.09.2003

Murfitt v States of Alderney

Court of Appeal

Eviction - appeal from the Court of Alderney - application for stay pending application to European Court of Human Rights.

Guernsey Judgment 48/2003

25.09.2003

Fanzisai Andrew Peter Zvirawa v Law Officers of the Crown

Court of Appeal

Criminal Law - sentence - appeal to Court of Appeal - importation of Class B drugs - degree of criminality more relevant than amount of drugs imported - appropriate starting point.

Guernsey Judgment 47/2003

25.09.2003

Darryl Tawiah v Law Officers of the Crown

Court of Appeal

Criminal law - sentence - appeal to Court of Appeal - importation of Class B drugs - degree of criminality more relevant than amount of drugs imported - appropriate starting point - whether objectionable disparity of sentence.

Guernsey Judgment 32/2003

10.04.2003

Perrot et al v Beetle Holdings et al

Court of Appeal

Advocate - duty of confidentiality - move of busy litigator to another firm acting for opposing parties - injunction application by former clients - relevant principles - whether there is a real risk of disclosure or misuse - undertakings to be given by the Advocate and by his new firm. (See also Judgment 12/2003)

Guernsey Judgment 29/2003

08.07.2003

Paul Roper v Law Officers of the Crown

Court of Appeal

Importation of Class A and Class B drugs - sentence - co-accused - whether disparity of sentence.

Guernsey Judgment 28/2003

08.07.2003

Philip Joseph Hartzenberg v Law Officers of the Crown

Court of Appeal

Importation of Class A and possession of Class B drugs - sentence - whether starting point appropriate.

Guernsey Judgment 27/2003

08.07.2003

Danny Joseph Culhane v Law Officers of the Crown

Court of Appeal

Importation and possession of Class A drugs - sentence - whether starting point appropriate.

Guernsey Judgment 26/2003

08.07.2003

Arron Help v Law Officers of the Crown

Court of Appeal

Firearms - unlawful possession and transfer - appeal from suspended sentence of youth detention - whether custodial sentence appropriate.

Guernsey Judgment 25/2003

08.07.2003

Michael Alexander Shakespeare v Law Officers of the Crown

Court of Appeal

Importation of Class A drugs - conviction - evidence of co-accused - adequacy of direction as to corroboration - whether evidence was intrinsically credible - whether sentence manifestly excessive.

Guernsey Judgment 24/2003

18.03.2003

Guernsey International Trustees Limited & Bennett v Virani

Court of Appeal

Trust (Guernsey) Law, 1989 - Respondent's application for leave to appeal to Judicial Committee of the Privy Council - adjournment refused - criteria for grant of leave to appeal - whether discretion as to costs correctly exercised - whether the Respondents had legitimate interest in challenging the declaration of their removal as Trustees.

Guernsey Judgment 23/2003

10.04.2003

Pirito v Curth

Court of Appeal

Land - severance of joint interests - Alderney Land and Property, etc, Law, 1949 - appeal from decision of Court of Alderney - whether property was held in equal undivided shares - intention of the parties - whether equitable "presumptions" should be imported from English Law.

Guernsey Judgment 22/2003

11.04.2003

Christopher Mark Coleman v Law Officers of the Crown

Court of Appeal

Blackmail - co-accused - disparity of sentence.

Guernsey Judgment 21/2003

10.04.2003

Paul Sebastian Reynolds v Law Officers of the Crown

Court of Appeal

Possession of Class B drug with intent to supply - relevance to sentence of the drug trafficking report - all evidence in the trial could properly be taken into account - whether a specific sentencing policy in another jurisdiction is relevant in Guernsey.

Guernsey Judgment 20/2003

10.04.2003

Christopher Richard Hunt v Law Officers of the Crown

Court of Appeal

Importation of Class B drugs - sentence - application of Richards guidelines - whether "something more than a basic mule" - limited value of the plea of guilty.

Guernsey Judgment 19/2003

11.04.2003

Michael Boocock v Law Officers of the Crown

Court of Appeal

Importation of Class B drugs - sentence - appellant warned that Court might find his explanation incredible without evidence on oath - declined to give evidence.

Guernsey Judgment 18/2003

11.04.2003

Charles John Bond v Law Officers of the Crown

Court of Appeal

Importation of Class B Drugs - co-accused - disparity of sentence - tests to be applied - skeleton argument must be precise as to claimed disparity and how it arose.

Guernsey Judgment 11/2003

04.12.2002

Virani v Guernsey International Trustees Limited et al

Court of Appeal

Trusts (Guernsey) Law, 1989 - power of the protector to remove trustees - applications for declaration that trustees had been removed and for order to transfer assets - application by trustees for security and indemnities - appeal from (i) interlocutory order as to costs and (ii) stay of proceedings.

Guernsey Judgment 10/2003

10.01.2003

Roger v Roger

Court of Appeal

Right to occupy real property - desirability of giving reasons for determination - this course not open to the Royal Court - effect of Section 6(1) of the Royal Court of Guernsey (Miscellaneous Reform Provisions) Law, 1950 - reliance on proprietary estoppels - need for an "analysis of fairness".

Guernsey Judgment 9/2003

09.01.2003

Ashton v Ansol Limited

Court of Appeal

Freezing and disclosure orders - main action in Guernsey and ancillary dispute in England - anti-suit injunction - relevant principles in considering restoration and continuance.

Guernsey Judgment 8/2003

09.01.2003

Heather Helena Guest v Law Officers of the Crown

Court of Appeal

Suffering smoking of Cannabis resin on licensed premises - appeal from conviction before Magistrate's Court - statutory test to be applied - Section 25(1) of the Court of Appeal (Guernsey) Law, 1961.

Guernsey Judgment 7/2003

09.01.2003

Robin John Hutchinson v Law Officers of the Crown

Court of Appeal

Importation of Class B drugs - application of sentencing guidelines - previous conviction.

Guernsey Judgment 6/2003

09.01.2003

Colin Stephen Woodford v Law Officers of the Crown

Court of Appeal

Importation of Class A drug - application of sentencing guidelines.