2009
- No in Annual SeriesDatePartiesCourtDetails
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Guernsey Judgment 49/200926.11.09Spread Trustee Company Ltd v Hutcheson et alCourt of Appeal
1. Statutory interpretation - Trusts (Guernsey) Law, 1989 as amended in 1991 - appeal from Royal Court finding that an exoneration clause as to gross negligence was ineffective both before and after the legislation of 1989 and 1991 - Jersey, English and Scottish authorities considered - concept of acting en bon père de famille - material before the States of Guernsey when legislating in 1989 and 1991 - Law of 1991 did no more than give statutory effect to what had always been the position - appeal dismissed 2. Application for leave to appeal to the Judicial Committee of the Privy Council - no right of appeal as the decision was interlocutory - leave to appeal refused - Respondents entitled to bring the matter to trial without further delay (See Judgments 10/2009 and 28/2009)
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Guernsey Judgment 43/200916.09.09Ryder v Law Officers of the CrownCourt of Appeal
Grievous bodily harm with intent - appeal against sentence - extent to which the Courts of Guernsey should have regard to the 'definitive guidelines' published by the Sentencing Guidelines Council in England and Wales - relevance of 'Guernsey-specific' considerations - starting point of eight years' imprisonment not inappropriate in this case - aggravating features and no personal mitigation - reduction of one quarter for the guilty plea was appropriate in this case - appeal dismissed
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Guernsey Judgment 42/200916.09.09Gresh v RBC Trust Company (Guernsey) Ltd and HMRCCourt of Appeal
Royal Court Civil Rules, 2007 (Rule 37) - Trusts (Guernsey) Law, 2007 (Section 69) and the rule in Re Hastings-Bass - appeal from refusal of application by HMRC to be joined in action by Mr Gresh - Matters to be established when invoking Rule 37 - held that HMRC have a direct interest in the subject matter of the action - not an attempt to enforce a foreign revenue claim - just and convenient to decide the issue between HMRC and Mr Gresh - appeal allowed with costs
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Guernsey Judgment 36/200915.07.09Gallienne v Law Officers of the CrownCourt of Appeal
Importation of Class A drug - appeal against sentence - whether disparity of sentence with co-defendant - appropriateness of starting point and discount given for admissions and mitigation - appeal dismissed
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Guernsey Judgment 35/200913.07.09Winnetka Trading Corp v Bank Julius BaerCourt of Appeal
Law Reform (Miscellaneous Provisions) (Guernsey) Law, 1857 - appeal from grant of anti-suit injunction - construction of jurisdiction clauses in three agreements between the Bank and its customer, Winnetka - whether the jurisdiction clause had been incorporated in the agreement between the parties - alleged oral representations that the clause would not be relied on by the Bank - legal principles for the grant of an anti-suit injunction - exclusive and non-exclusive jurisdiction clauses - transitive and intransitive uses of the word 'submit' - any ambiguity to be construed contra proferentem - appeal allowed - oral application for leave to appeal to the Judicial Committee refused
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Guernsey Judgment 34/200913.07.09E v ECourt of Appeal
Matrimonial Causes (Guernsey) Law, 1939 - application for leave to appeal to the Judicial Committee of the Privy Council from judgment given on 17 September 2008 - held that the value of the matter in dispute in the present appeal did not exceed £500 - Court of Appeal (Guernsey) Law, 1961 (Art.16) - application for leave to appeal refused - (See Judgments 43/2007 and 31/2008 and 26/2009)
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Guernsey Judgment 26/200915.01.09 and 08.06.09E v ECourt of Appeal
Matrimonial Causes (Guernsey) Law, 1939 - application for leave to appeal to the Judicial Committee of the Privy Council from judgment given on 7 December 2007 - held that the applellant's papers did not disclose a ground of appeal properly so called or material indicating the possibility of a relevant argument in Law - application refused (See Judgments 43/2007 and 31/2008)
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Guernsey Judgment 23/200925.02.09 and 19.05.09Canivet Webber Financial Services Ltd v GFSCCourt of Appeal
(i) Insurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) Law, 2002 - application to the Court of Appeal for leave to appeal from strike-out by the Royal Court of an appeal to that court ("the substantive appeal") from a decision by the Commission, and for leave to appeal from related orders ("the procedural appeals") - substantive appeal had been struck out as a result of the breach of an "unless order" by the Royal Court - review of the prospects of success in the substantive appeal - regulatory role of the Commission - held that the substantive appeal to the Royal Court had no realistic prospect of success - leave to appeal refused - costs to follow the event but not to be enforced without the leave of the Court of Appeal (ii) Application for leave to appeal to the Judicial Committee of the Privy Council - no appeal as of right under s.16 of the Court of Appeal (Guernsey) Law, 1961 - leave to appeal refused, there being no issue of law of public importance raised
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Guernsey Judgment 16/200924.03.09Cotterill v Le MarquandCourt of Appeal
Landlord and tenant - appeal from order for eviction from dwelling - Rent Control (Guernsey) Law, 1976 - whether s.14 engaged - tenant's application for rent to be assessed - s.14(1) did not apply to premises which did not have an assessed rent at the date that the eviction proceedings were begun - landlord therefore not prevented from commencing eviction proceedings - Rent Officer's statutory duty to proceed with an assessment notwithstanding the eviction proceedings - appeal dismissed
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Guernsey Judgment 2/200919.01.09Garnet Investments Ltd v BNP Paribus (Suisse) SA & the Government of the Republic of IndonesiaCourt of Appeal
Law Reform (Miscellaneous Provisions) (Guernsey) Law, 1987 (ss.1 and 4) - Freezing and disclosure order - appeal from grant and continuation of the freezing order - cross-appeal from stay of the disclosure order - authorities considered on 'just and convenient' - relevant principles for grant of freezing relief by secondary court - 'exceptional circumstances' had to be established under s.1(7) - risk of dissipation - litigation pursued in Indonesia - applicants for freezing orders must make full and frank disclosure of the problems they face - appeal allowed and injunction and disclosure orders discharged - application for leave to appeal to the Judicial Committee of the Privy Council, and for stay pending such appeal, dismissed (See Judgments 13/2007, reported at 2007-2008 GLR 73, and 33/2008)