2010

Curatelle Rules, 1989 - application for leave to appeal from decision of Royal Court appointing a guardian - circumstances in which leave to appeal will be granted - reluctance of appeal courts to interfere with proper exercise of a judicial discretion or with findings of fact open to Jurats on the evidence before them - no reasonable chance of a successful appeal - leave to appeal refused.

Guernsey Judgment 41/2010

15.12.10

P v P

Court of Appeal

Matrimonial Causes (Guernsey) Law, 1939 - husband's appeal from Royal Court decision as to ancillary relief - late disclosure by husband of deterioration in his financial position - held that the court was not under any obligation, of its own motion, to order an adjournment to enable the husband to adduce further evidence of his assets - obligation on the husband to give full and frank disclosure - appeal dismissed. (see Judgment 7/2010)

Guernsey Judgment 34/2010

16.09.10 & 01.11.10

Capita Symonds Ltd v Jubilee Scheme 3 Limited Partnership et al

Court of Appeal

1. Law Reform (Miscellaneous Provisions) (Guernsey) Law, 1987 - interlocutory act of court had been registered in the Livre des Hypothèques at the Greffe, pursuant to s.7 of the 1987 Law - application to vary the registration - judicial discretion - applicant's proposals held to be insufficiently clear and precise - application refused. 2. Application for leave to appeal to the Court of Appeal - test to be applied - application refused.

Guernsey Judgment 33/2010

23.08.10

Cotterill v Ozanne

Court of Appeal

Eviction from domestic premises - tenant's application to the Court of Appeal for leave to appeal and for stay of execution pending appeal - test to be applied - applications refused by a single judge of appeal.

Guernsey Judgment 31/2010

24.09.10

Helmot v Simon

Court of Appeal

Personal injuries claim - discount rate to be applied to the award - plaintiff's appeal from rate adopted by the Royal Court - the decision of the House of Lords in Wells v Wells (1999) and the position at common law in England prior to the determination by the Lord Chancellor in 2001 under s.1 of the Damages Act 1996 - important legal and factual differences between England and Guernsey in the domain of damages for personal injury - held that the Lord Chancellor's rate has no legal or evidential value in Guernsey in 2010 - the Royal Court should have taken account of the current return on index linked gilts and the difference between earnings inflation and price inflation - finding by the Jurats set aside and discount rate reduced from 1% to minus 1.5% for earnings-related losses and 0.5% for non earnings-related future losses. (see Judgment 4/2010).

Guernsey Judgment 29/2010

14.07.10

C&R Homes (Guernsey) Ltd v Ferbrache

Court of Appeal

Contract - action for breach of contract by developer of apartments - appeal to the Court of Appeal from finding by the Royal Court and award of £100 damages - s.15(d) of the Court of Appeal (Guernsey) Law, 1961 engaged - limit on right of appeal by reference to value (£200) - s.15 contrasted with the correlative s.24 of the 1961 Law, governing criminal appeals - meaning of the proviso "unless there was in contest in the suit a question of law" - held that leave was required - leave will only be granted (i) where there are legal grounds clearly arguable; and (ii) where any appeal would have a reasonable chance of success - leave refused with costs. (See Judgment 5/2010)

Guernsey Judgment 20/2010

13.04.10

Storm Residential & Commercial Management Ltd v Sarnia Developments Ltd

Court of Appeal

Stay of Evictions Laws, 1946 and 1954 - commercial premises - tenant's appeal from order for eviction stayed for seven days - respective roles of the Bailiff and Jurats - circumstances in which the Bailiff may sit without Jurats to determine factual issues - recent evolution of Ordinary Court business - appeal allowed, and with the consent of the parties, new order for eviction substituted, stayed to 31 March 2010.

Guernsey Judgment 12/2010

17.03.10

R v R

Court of Appeal

Matrimonial Causes (Guernsey) Law, 1939 - wife's appeal from finding of the Royal Court as to ancillary relief - circumstances in which an appellate court can interfere with the exercise of judicial discretion in the Court below - appeal dismissed

Guernsey Judgment 11/2010

17.03.10

H B Briggs v Law Officers of the Crown

Court of Appeal

Importation of Class B Drug - application for leave to appeal against sentence - whether due weight given to the defendant's health problems - principles as to when ill health may be taken into account when sentencing - leave to appeal refused