2003
- No in Annual SeriesDatePartiesCourtDetails
-
Guernsey Judgment 65/200331.12.2003Carpenter v Administrator of Income TaxRoyal Court
Income Tax (Guernsey) Law, 1975 - appeal by way of case stated from Guernsey Tax Tribunal - whether in the circumstances of the case profit on the purchase and sale of a single property was assessable to income tax - badges which identify a transaction as an adventure in the nature of trade - procedure followed by the Tribunal - whether the Tribunal's finding was a true and reasonable conclusion open to it on the facts - principles of natural justice must be observed.
-
Guernsey Judgment 64/200322.12.2003Williams v WilliamsRoyal Court
Award of money by Superior Court of the State of California - monies held in Guernsey - application for summary judgment - principles applicable to application to enforce a foreign judgment.
-
Guernsey Judgment 63/200301.12.2003Thompson & Le Noury v Masterton & BourneRoyal Court
Royal Court (Costs and Fees) Rules, 2000 - Convention on Limitation of Liability for Maritime Claims, 1976 - Claims for personal injuries and hull damage - applications for costs by the Plaintiffs against both Defendants and by the Second Defendant against the First Defendant - principles applicable to grant of indemnity costs - separate liability and quantum proceedings - procedure for hearing of expert evidence generally.
-
Guernsey Judgment 62/200314.10.2003Thompson & Le Noury v Masterton & BourneRoyal Court
Convention on Limitation of Liability for Maritime Claims, 1976 - whether the Convention limits liability for the costs of litigation.
-
Guernsey Judgment 61/200316.12.2003In re ZRoyal Court
Matrimonial cause - pension rights of divorced women - Social Insurance (Guernsey) Law, 1978 as amended - cut off date of 31st December, 2003 - abridgment of 60 day period from the filing of the Petition.
-
Guernsey Judgment 59/200309.10.2003Cantermerle Investments Limited v Durand Limited & JohnsonRoyal Court
Civil action - settlement - fulfilment of guarantee - delay - award of interest prior to judgment.
-
Guernsey Judgment 58/200309.12.2003Old Government House Hotel Limited v Island Development Committee & Mighty Mouse LimitedRoyal Court
Island Development (Guernsey) Laws, 1966 to 1990 - building in course of construction - application for judicial review - grant by IDC of variation to previous planning permissions - remedy of judicial review is available in Guernsey - procedural framework for judicial review has yet to be established - present proceedings conducted on basis that the applicant must first obtain leave to pursue the remedy of judicial review - matter for judicial discretion - whether the IDC had acted unlawfully - other factors to be taken into account - application refused.
-
Guernsey Judgment 46/200315.08.2003Leymar Ltd v Island Development CommitteeRoyal Court
Island Development (Guernsey) Law, 1966 - application to change from tourist accommodation to permanent residential accommodation - appeal to the Royal Court - relevance of Strategic and Corporate Plan and Rural Area Plan Phase 2 - apparent self misdirection of the Committee - lack of evidence before the Committee and delay - appeal allowed and matter remitted to the Committee for a fresh application to be made.
-
Guernsey Judgment 45/200303.11.2003Seed International Ltd v Tracey et alRoyal Court
Law Reform Miscellaneous Provisions (Guernsey) Law, 1987 - freezing and disclosure orders - application to set aside - substantive proceedings to be held in the Netherlands - criteria for grant of Mareva relief - whether good arguable case, risk of dissipation and just and convenient to grant the relief sought - courts will take into account the evolution of commerce and finance.
-
Guernsey Judgment 44/200303.11.2003Bath Ltd v Administrator of Income TaxRoyal Court
Income Tax (Guernsey) Law, 1975 - appeal by way of case stated from Guernsey Tax Tribunal - whether profit on proceeds of sale of preference shares properly assessable to tax - distinction between income receipt and capital receipt - procedure followed by the Tribunal.
-
Guernsey Judgment 43/200301.07.2003Barrett & Barrett v Island Development Committee & Osprey Developments Ltd (Third Party)Royal Court
Island Development (Guernsey) Law, 1966 - grant of preliminary declaration - application for leave to appeal or judicial review - Strategic and Corporate Plan and Rural Area Plan Phase 2 - whether the decision of the Committee was demonstrably wrong - matters taken into account by the Committee.
-
Guernsey Judgment 42/2003--
Number not allocated
-
Guernsey Judgment 41/200309.06.2003R. Durtnell & Sons Ltd v Kaduna Ltd & Bank of Bermuda (Guernsey) LtdRoyal Court
Court of Appeal (Guernsey) Law, 1961 - application for leave to appeal from interlocutory decision - factors to be considered - whether the decision from which it was proposed to appeal was discretionary. (see also judgment 38/2003)
-
Guernsey Judgment 40/200306.06.2003Colfer v Carey Langlois Trust Company Ltd et alRoyal Court
Exceptions de Forme - Royal Court Civil Rules, 1989 - further and better particulars - rulings on requests outstanding.
-
Guernsey Judgment 39/200323.05.2003Hammerschmidt & Kells Worldwide Ltd v Barclays Bank plcRoyal Court
Royal Court Civil Rules, 1989 - defendant's application for discovery prior to filing of defences - principles to be applied.
-
Guernsey Judgment 38/200307.05.2003R. Durtnell & Sons Ltd v Kaduna Ltd & Bank of Bermuda (Guernsey) LtdRoyal Court
Freezing order - subsequently lifted by consent - respondent's application for full indemnity costs - whether the original order should have been granted - principles to be applied.
-
Guernsey Judgment 37/200322.04.2003Gilliham v NRG Benelux BVRoyal Court
Royal Court Civil Rules, 1989 - application for discovery - document referred to in a without prejudice letter.
-
Guernsey Judgment 36/200301.08.2003Virani v Guernsey International Trustees Ltd & BennettRoyal Court
Trusts (Guernsey) Law, 2003 - presentation by litigants in person - trustees' claim for remuneration and/or fees under s.30 - legal expenses incurred by trustees - distinction between Beddoes type application and contentious application - requirement to keep accounts under s.21 (see also judgments 11/2003 and 24/2003).
-
Guernsey Judgment 35/200322.07.2003In re The Foster Will TrustRoyal Court
Trust (Guernsey) Law, 1989 - bequest to Rector and Churchwardens of the Town Church - application to vary terms of trust under s.55.
-
Guernsey Judgment 34/200316.05.2003Technocom Ltd v Roscomm Ltd & KlabinRoyal Court
Exception de fond - forum non conveniens - conjoined application for stay pending determination of English arbitration - principles to be applied.
-
Guernsey Judgment 33/200308.05.2003Gilliham v NRG Benelux BVRoyal Court
Application for postponement of civil hearing - factors to be considered.
-
Guernsey Judgment 31/200304.04.2003Macaulay & Grater v Grater & Bristol & West International LtdRoyal Court
Husband and Wife (Joint Accounts) (Guernsey) Law, 1966 - relationship between banker and customer - intentions of joint account holders - right to sever a joint interest - compelling evidence necessary to rebut statutory presumption of survivorship.
-
Guernsey Judgment 30/200306.02.2003In re the estate of Anthony Quentin GambleRoyal Court
Trusts (Guernsey) Law, 1989 - rectification of the original deed of variation of will - principles to be applied.
-
Guernsey Judgment 17/200302.04.2003Russell & Caine v Gillespie & FordRoyal Court
Land law - grant by will of right of way - subsequent conveyance - servitude réelle - whether the servitude ran with the land.
-
Guernsey Judgment 16/200331.10.2002B v BRoyal Court
Matrimonial cause - application to give effect to an agreement between the parties that net assets injuncted be shared equally - whether this is equivalent to "an interim lump sum order".
-
Guernsey Judgment 15/2003--
Number not allocated
-
Guernsey Judgment 14/200331.10.2002A v ARoyal Court
Matrimonial cause - application by both parties for discovery and further and better particulars - relevance of Rules 44(c) and 56 of the Matrimonial Causes Rules - legal professional privilege - whether the questions as to discovery etc. could not have been settled by correspondence between Counsel.
-
Guernsey Judgment 13/200313.02.2003Technocom Limited v Rosscomm Limited & KlabinRoyal Court
Companies (Guernsey) Law, 1994 - s 67A and 75 - allegation of wrongful conduct by director to the prejudice of the applicant - grant of interlocutory injunction - principles to be adopted by the Court.
-
Guernsey Judgment 12/200313.02.2003Beetle Holdings Limited et al v Perrot et alRoyal Court
Advocate - conflict of interest - confidential information acquired in previous employment - risk of inadvertent disclosure - injunction to restrain from acting.
-
Guernsey Judgment 5/200315.11.2002Kirk v Law Officers of the CrownRoyal Court
Inquest verdict - application to Royal Court for judicial review - flawed evidence before the Magistrate - verdict quashed and fresh inquest ordered.
-
Guernsey Judgment 4/200321.10.2002Holland v HM Procureur et alRoyal Court
Criminal Justice (Fraud Investigation) (Bailiwick of Guernsey) Law, 1991 - notice issued by HM Comptroller - judicial review of actions by Law Officers - information to be provided when notice issued.
-
Guernsey Judgment 3/200331.12.2002Kleinwort Benson (Guernsey) Trustees Limited et al v Wilson et alRoyal Court
Trusts (Guernsey) Law, 1989 - payment by settlors of UK capital gains tax - whether the trustees are obliged to indemnify the settlors - relevance of rule against enforcement of penal revenue or other public law liabilities of another state.
-
Guernsey Judgment 2/200331.12.2002Grangehurst Limited v Island Development CommitteeRoyal Court
Island development - appeal - change of use of dwelling to office - Urban Area Plan - policies set out in OBS1 and OBS2 - whether Committee precluded from considering application.
-
Guernsey Judgment 1/200317.12.2002In Re C (an infant)Royal Court
Matrimonial proceedings - status of Court Welfare report - disclosure to Court Welfare officer of Court in the foreign jurisdiction - need for agreement of parties - comity between courts.