2006

Health and Safety at Work (Alderney) Ordinance, 2003 - appeal from decision by the Royal Court on appeal from the Court of Alderney - appeal limited to the vires of the Committee's decision and its reasonableness on health and safety grounds - whether Article 28 of the EC Treaty was engaged - held that the requirement for a 'permanent site' was not equivalent to a quantitative restriction on imports - appeal refused - leave to appeal to Judicial Committee of the Privy Council refused on 8 March 2007 (See Judgment 16/2006)

Guernsey Judgment 56/2006

12.12.06

C v C

Court of Appeal

Matrimonial Causes Law (Guernsey), 1939 (Articles 46 and 47) - appeal from dismissal of wife's application for husband to be ordered to assist her in the discharge of her debts - principles set out in s.25 of the English Matrimonial Causes Act 1973 - extent to which the Royal Court should have regard to those principles - appeal dismissed

Guernsey Judgment 55/2006

07.04.06

P C L Walsh v Law Officers of the Crown

Court of Appeal

Grievous bodily harm with intent - appeal against sentence - element of provocation - sentence reduced from 6 years 9 months' to 5 years' imprisonment

Guernsey Judgment 53/2006

12.12.06

B Wickenden, R Wickenden, V J Rowley and A M Le Prevost v Law Officers of the Crown

Court of Appeal

Importation of Class A and Class B drugs - applications for leave to appeal against sentence - starting point of 11 years on the first count unobjectionable in isolation - addition by the Royal Court of 5 years to this starting point to reflect the second count was too much - sentences on all four appellants reduced from 10 years to 8 years on the first count

Guernsey Judgment 52/2006

12.12.06

W J Jones, J Jones and J R L Ihle v Law Officers of the Crown

Court of Appeal

Importation of Class B and Class A drugs - appeals against sentence - appropriate starting point - guidelines in Turner (Royal Court, 5 December 2002) as respects amphetamines, considered - appeal allowed and sentence as respects the Class A importation reduced from 6 years 4 months to 4 years 6 months

Guernsey Judgment 46/2006

19.09.06

M J Tacon v Law Officers of the Crown

Court of Appeal

Importation of Class B drugs - application for leave to appeal against sentence - whether applicant's level of involvement lower than co-defendant's - his role was less visible but not less crucial - application dismissed - proviso under S.37(3) of the Court of Appeal (Guernsey) Law, 1961, applied

Guernsey Judgment 44/2006

19.09.06

A J Gilbert v Law Officers of the Crown

Court of Appeal

Drug Trafficking (Bailiwick of Guernsey) Law, 2000 - application for leave to appeal against confiscation order - jurisdiction under Part III of the Court of Appeal (Guernsey) Law, 1961 - "Sentence" construed to embrace a confiscation order - approach of the Royal Court in making the relevant assumptions under s.4(3)(a) and (b) of the 2000 Law - leave to appeal granted - appeal dismissed

Guernsey Judgment 43/2006

18.09.06

HSBC Private Bank (Guernsey) Ltd et al v HM Procureur (re Metlika Trading Ltd)

Court of Appeal

Court of Appeal (Civil Division) (Guernsey) Rules, 1964 (Rule 17) - Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1991 - dismissal of application to vary restraint order - appellants' application for abridgment of time to expedite hearing - principles to be applied in exercise of discretion - application for abridgement of time dismissed

Guernsey Judgment 20/2006

07.04.06

F R Properties Ltd v Skipton

Court of Appeal

Land law - conveyance - conditions of sale - subject to survey - failure to specify date by which purchaser's right to withdraw could be exercised - preliminary issue as argued before the Royal Court was mistakenly drafted - appeal from findings by the Royal Court - a question of construction and not of implied terms - operative date for withdrawal must be some date prior to the completion date - appeal dismissed.

Guernsey Judgment 4/2006

31.01.06

Administrator of Income Tax v Cachemar Ltd

Court of Appeal

Income Tax (Guernsey) Law 1975 - whether "investment management fees" are deductible as permissible management expenses - Administrator's appeal from the Tax Tribunal to the Royal Court dismissed (see Judgment 35/2005) - Administrator's further appeal dismissed.