2000

Prescription—running of time—suspension of prescription period—empêchement d'agir applicable as part of Guernsey coûtume—suspends prescription in favour of plaintiff suffering impediment making it practically impossible to commence or continue action—practical impossibility a matter of reasonableness—mere ignorance not sufficient—historic examples from customary texts unreliable guide to modern standards of reasonableness. Prescription—tort actions—empêchement d'agir—empêchement d'agir (defence that practically impossible to commence or continue proceedings sooner) applicable to tort claims subject to Law Reform (Tort) (Guernsey) Law 1979, as no express or inferential intention to abolish it, but intended to increase claimant protection—empêchement serves justice and desirable that apply similar prescription principles in contract and tort—though applicable, unlikely that empêchement provides extra-statutory protection in personal injury cases.

Guernsey Judgment 6/2000

08.05.2000

Matthews v Monaghan, Murray and R.G. Falla Limited / Woodward v R.G. Falla Limited

Royal Court

Courts—Royal Court—jurisdiction—court's jurisdiction over civil claims arising in Sark concurrent with Seneschal's Court and not merely residual—no exclusion of or limit to jurisdiction of Royal Court imposed by Court of the Seneschal (Increase of Jurisdiction and Transfer of Prisoners) Law 1971, s.1.

Guernsey Judgment 5/2000

14.04.2000

Brown v Orion Trust Limited

Royal Court

Trusts—Beddoe application—duty of confidentiality—court not to give full reasons for decision to preserve confidentiality of Beddoe application—necessary to avoid prejudicing ultimate trial by revealing arguments, evidence, or judge's conclusions, e.g. on merits—judge advising trustee in application not to participate in ultimate trial. Trusts—Beddoe application—procedure—usual procedure that Beddoe application (a) determined in chambers not Ordinary Court, and (b) heard ex parte—court may, if appropriate, inform other parties of application and consider their written statements—sometimes appropriate for Ordinary Court to determine application, e.g. if factual matters to be decided.

Guernsey Judgment 4/2000

16.03.2000

In the Matter of the Estate of Kurzschenkel Funk v Krombach

Royal Court

Succession—légitime—calculating légitime—rebuttable presumption in Guernsey law that inter vivos gifts of personalty (not realty) from parent to child an advancement of inheritance—to be included when calculating value of légitime—modern scope and exceptions to presumption unclear.

Guernsey Judgment 1/2000

14.01.2000

Laughton v Main (trading as Jackie Main)

Royal Court

Courts—Court of Alderney—jurisdiction—court empowered by Government of Alderney Law 1987, s.17(2) and inherent jurisdiction to create and develop procedural rules and, in their absence, regulate procedure through ad hoc orders in particular cases—includes power to order interrogatories or notices to admit facts—in absence of own procedural rules, court to be guided by Royal Court Civil Rules—need for procedural certainty not to preclude making ad hoc rules.