Guernsey Judgment 29/2010 - C&R Homes (Guernsey) Ltd v Ferbrache

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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)