2022

[2022]GRC044

11/7/2022

J Merrien v The Registrar of la Chambre de Discipline

Royal Court

Decision on the application for a judicial review in circumstances where the applicant considers that he has not received justice in relation to a complaint he made about the Interested Party on 1 April 2016.  The original complaint was made in accordance with the provisions in the Guernsey Bar (Bailiwick of Guernsey) Law, 2007.

[2022]GCA102

29/12/2022

JJW Hotels & Resort Holdings Inc. v B.Rhodes and A.Harris and JJW Limited (Compulsory Liquidation)

Court of Appeal

Appellant seeks leave to appeal against the Court of Appeal judgment to the Judicial Committee of the Privy Council.

[2022]GCA101

08/12/2022

Romanian Eagle Land 2 Ltd v LLP Property PCC Ltd

Court of Appeal

The Appellant sought an order that the Respondent  should release and disclose to it all the documents which it asserted formerly formed part of the assets of one of its cells.  The appeal was against the Bailiff’s decision that the concept of the “assets” of the Fund, in the context of a cell company, did not include documents held by or on behalf of the Respondent relating to the operation of the Fund.

[2022]GCA092

23/12/22

Fort Trustees & Balchan Manangement v ITG Limited & Bayeux Limited

Court of Appeal

Application concerning the disclosure of documents relating to the administration of the Trust.

[2022]GCA091

11/07/22

ITG Limited v Glenalla Proprties Ltd & Others

Court of Appeal

Application for leave to appeal against an order for interim payment; and an application for leave to intervene in that appeal.

[2022]GCA090

28/06/22

Sherbourne Corporate Services Limited & Kenilworth Consultants INC. v The Public Trustee

Court of Appeal

Decision concerning costs of appeal.

[2022]GCA089

14/04/22

Sherbourne Corporate Services Limited & Kenilworth Consultants INC. v The Public Trustee

Court of Appeal

Application by litigant in person to address the Court by either video link or telephone.

[2022]GCA088

17/03/22

Sherbourne Corporate Services Limited & Kenilworth Consultants INC. v The Public Trustee

Court of Appeal

Single judge directions on procedural matters regarding the filing of arguments and responses prior to the hearing.

[2022]GCA086

21/12/22

R. Curgenven v Chief Officer of Police

Court of Appeal

Application for extension of time to give notice of intention to appeal the decision of the revocation of a firearms certificate.

[2022]GCA085

20/12/22

Law Officers of the Crown v L. Topley

Court of Appeal

Application for leave to appeal against sentence in respect of offering to supply a Class A controlled drug, MDMA, and of being concerned in the supply to a young person of MDMA and in respect of offering to supply a Class C controlled drug, Tramadol, and possession of MDMA. Also, a RIPL offence.

[2022]GCA077

8/12/22

JJW Hotels & Resort Holdings inc. v B. Rhodes, A. Harris & JJW Limited

Court of Appeal

Appellant sought summary judgment that an alleged intercompany Declaration of Trust was valid and effective. Nine grounds of appeal were considered

[2022]GCA076

06/12/22

Martyn Steven Clarke v Law Officers of the Crown

Court of Appeal

Appeal as of right against conviction for being concerned in the supply of a controlled drug of Class
A namely tetrahydrocannabinol (“Δ9-THC”) under the Misuse of Drugs (Bailiwick of Guernsey) Law
1974 as amended.

[2022]GCA074

15/11/22

Adrian John Leopard v NFU Mutual Insurance Society Limited

Court of Appeal

Appeal against the decision that a claim for costs resulting from the repair of storm damage,
not covered by NFU Mutual, should be allowed because NFU had opted to repair the
property. The Court also confirmed that the relevant prescription period in Alderney is six
years.

[2022]GCA070

28/09/22

C Falla v Law officers of the Crown

Court of Appeal

Appeal against sentence of six years and six months’ imprisonment for importation of drugs and a failing to disclose information after service of a notice issued under the Regulation of Investigatory Powers Bailiwick of Guernsey Law 2003. Sentence reduced to 5 years.

[2022]GCA030

23/05/22

Falla v Law Officers of the Crown

Court of Appeal

Application for leave to appeal against Sentence, on the grounds that: (1) the sentence is manifestly excessive as the Appellant was sentenced on the basis that he was “evidently a supplier in some form or another” without justification, (2) the sentence for Count 3 was manifestly excessive as the weight was deemed to ‘add considerably to the store available’ on the island, but this was an irrelevant aggravating feature as this was not an importation offence and (3) the sentence for Count 3 was manifestly excessive as the quantity was deemed ‘very large’ but insufficient weight was placed on the fact that the THC comprised only a very small percentage of the total weight of the foods and syrups.

[2022]GCA024

10/05/22

Sherborne Corporate Services Limited and Kenilworth Consultants Inc v The Public Trustee

Court of Appeal

Appeal against an Order of the Royal Court, allowing the Public Trustee to investigate and to understand the position of the five pension schemes known as “the IXG Schemes”.

[2022]GCA023

16/05/22

McKee v Law Officers of the Crown

Court of Appeal

Application for leave to appeal against Sentence; on the grounds that the custodial term should be reduced or imposed as a direct alternative to a Community Service Order because the imported substance was: (a) prescribed to the Appellant, (b) relatively low in quantity, and (c) intended for his own use only; and that a sentence of immediate custody is a disproportionate interference with the family life of the Appellant’s children, justifying the imposition of a suspended sentence.

[2022]GCA022

16/05/22

Clarke v Law Officers of the Crown

Court of Appeal

Application for leave to appeal against sentence, on the ground that the sentence of 8 years was manifestly excessive and an application for legal aid.

[2022]GCA021

04/04/22

Beare v Law Officers of the Crown

Court of Appeal

Application for leave to appeal against Sentence; on the basis that the sentence of 19 years’ imprisonment is manifestly excessive. 

[2022]GCA020

27/04/22

Page v Law Officers of Crown

Court of Appeal

Appeal on the grounds that the sentence for an incitement was manifestly excessive in that; (1) no Class A drugs were found in the possession of the Appellant; (2) no quantifiable amounts were stated; (3) there was no evidence of supply; (4) the offence only came to light because the Appellant voluntarily handed over his phones and passcodes; (5) full credit should have been given for the Appellant’s guilty plea; and (6) the court was wrong to view the Appellant’s offending as a “continuous course of conduct”.

[2022]GCA011

17/03/22

Graham v Law Officers of the Crown

Court of Appeal

Application for leave to appeal against Conviction in accordance with section 7(1) of the Magistrate’s Court (Criminal Appeals) Law, 1988.

[2022]GCA005

28/01/22

Hastie v Law Officers of the Crown

Court of Appeal

Application for extension of time and leave to appeal against sentence, concerning an appeal against the extended sentence licence element of the sentence.