2005

Guernsey Judgment 67/2005

15.12.2005

Shaham v Lloyds TSB Offshore Limited and Fooks

Royal Court

Application by the Bank to be paid its reasonable costs before paying into Court the balance of the funds held by it in the name of Dr Dan Ron and Mrs Ron - directions regarding further proceedings.

Guernsey Judgment 66/2005

21.11.2005

Town and Country Estate Agents Ltd v Blondel and Blondel v Town and Country Estate Agents Ltd

Royal Court

Application for full indemnity costs - costs incurred up to 21st April, 2004 to be paid by Mr Blondel on the recoverable basis, and thereafter on a full indemnity basis.

Guernsey Judgment 65/2005

11.11.2005

Grand Havre Holdings Limited v Environment Dept

Royal Court

Island Development (Guernsey) Laws 1966-1990 - appeal from refusal of application by the Department - relevance of Policy T5 of Rural Area Plan (Phase 1) - appeal dismissed.

Guernsey Judgment 64/2005

10.11.2005

Law Officers of the Crown v R M Whelan & L D Cullen

Royal Court

Importation and possession of Class B drugs - Drug Trafficking Confiscation Order - sentencing remarks

Guernsey Judgment 63/2005

09.11.2005

Law Officers of the Crown v A Holden

Royal Court

Importation of Class B drug - Drug Trafficking Confiscation Order - sentencing remarks

Guernsey Judgment 62/2005

08.11.2005

Law Officers of the Crown v M J Murphy

Royal Court

Importation of Class B drug (2 counts) - Drug Trafficking Confiscation Order - sentencing remarks.

Guernsey Judgment 61/2005

08.11.2005

Law Officers of the Crown v C J Ashman (aka Bill)

Royal Court

Importation of Class A drugs (2 counts) and Class B drugs - sentencing remarks.

Guernsey Judgment 60/2005

07.11.2005

Law Officers of the Crown v S Bishop-White, P Cox & M J Tacon

Royal Court

Importation of Class B drugs - drug trafficking confiscation order - sentencing remarks.

Guernsey Judgment 59/2005

07.11.2005

States of Guernsey v Miler & Baird (C.I.) Limited

Royal Court

Summary judgment application pending - ordered to await outcome of application by States to the Court of Appeal for leave to appeal (see also Judgment 51/2005)

Guernsey Judgment 58/2005

04.11.2005

International Steel & Tube Industries Limited v Masood

Royal Court

Application to strike out part of defences - principle to be applied - application dismissed.

Guernsey Judgment 57/2005

28.10.2005

States of Guernsey v Miller & Baird (C.I.) Limited

Royal Court

Application by the States for leave to appeal to the Court of Appeal - refused by presiding judge in the court below (see also Judgment 51/2005)

Guernsey Judgment 56/2005

27.10.2005

J v J

Royal Court

Matrimonial cause - Petitioner/Wife's application for vesting order and maintenance - welfare of the minor children an important but not overwhelming consideration - modest income of the parties - clean break appropriate - matrimonial home to be vested in the wife - net value £200,000, to be split equally between the parties - payable to husband when youngest child reaches 18 years of age - to be secured as a charge.

Guernsey Judgment 55/2005

26.10.2005

Flightlease Holdings (Guernsey) Limited et al v International Lease Finance Corporation

Royal Court

Companies in voluntary liquidation - liquidators rejected proofs of debt submitted by ILFC - objection by ILFC - procedure set by Royal Court for determining the validity or otherwise of ILFC's claim - leave to amend cause- appropriate test for striking out - whether an arguable case that the alleged misrepresentations were made with actual or apparent authority of each of the other companies - claim in conspiracy - Pauline claim - directions given as to the form in which the cause or statement by ILFC will have to be recast - the sooner the matters truly in issue reach trial the better.

Guernsey Judgment 54/2005

17.10.2005

Hamon & Hamon v Environment Dept

Royal Court

Island Development (Guernsey) Law, 1966 - appeal from refusal of application by the Department - Rural Area Plan (Phase 1) - whether Policies CE5 and IN6 of that Plan precluded the Department from granting the permission sought - appeal dismissed.

Guernsey Judgment 53/2005

10.10.2005

I v I

Royal Court

Matrimonial cause - wife's application for leave to remove the children from the jurisdiction - husband's application for delay to enable younger child to become 'qualified resident' under the House (Control of Occupation) (Guernsey) Law, 1994 - welfare of the children is paramount - Court differed from the conclusion of the Court Welfare Officer - wife's application granted - husband's application for delay refused.

Guernsey Judgment 52/2005

04.10.2005

H v H

Royal Court

Matrimonial cause - husband's application to vary consent order made in 2003 as to payment of school fees - application of article 45 of the Matrimonial Causes (Guernsey) Law, 1939, to agreed orders - application for variations dismissed.

Guernsey Judgment 51/2005

26.09.2005

Miller & Baird (C.I.) v States of Guernsey

Royal Court

Arbitration (Guernsey) Law, 1982 - contract for construction of marina - plaintiff contractor's application for summary judgment - States' application for stay under the arbitration clause in the contract - stay refused - plaintiff entitled to have its application for summary judgment heard.

Guernsey Judgment 50/2005

12.05.2005 and 16.08.2005

Messenger Insurance PCC Limited v Cable & Wireless PLC et al

Royal Court

Protected Cell Companies Ordinance, 1997 - protected cell company had been placed in administration - application for discharge of freezing order - substantive proceedings in the High Court in England.

Guernsey Judgment 49/2005

05.08.2005

G v G

Royal Court

Action for recovery of debt - order in 1997 by Matrimonial Causes Division for payment of lump sum by the wife - became payable in June, 2005 - application for wife to vary the 1997 order now pending - held that the two cases do not raise the 'same issues' - application for stay dismissed.

Guernsey Judgment 48/2005

01.08.2005

Law Officers of the Crown v Thackaberry

Royal Court

Criminal appeal from the Magistrate's Court - sentence - failure to provide specimen of breath and driving while disqualified - two months' imprisonment on each count, consecutive - totality principle correctly applied - appeal dismissed.

Guernsey Judgment 47/2005

01.08.2005

Law Officers of the Crown v R J Batiste

Royal Court

Criminal appeal from the Magistrate's Court - sentence - assault - five months' imprisonment - appeal dismissed.

Guernsey Judgment 45/2005

22.07.2005

Magloire trading as First Call Recruitment v Wright et al

Royal Court

Breach of contract of employment - counterclaim filed by defendants - plaintiff's application for further particulars - defendants ordered to file further particulars of the repudiatory breach they alleged.

Guernsey Judgment 41/2005

29.07.2005

Koken (as liquidator of Reliance Insurance Company) v Brownstone Agency Inc et al

Royal Court

Royal Court Civil Rules, 1989 -Strike out application - circumstances in which extrinsic evidence may be admissible - estoppel - application allowed in part

Guernsey Judgment 40/2005

11.07.2005

FR Properties v Skipton

Royal Court

Land law - conditional agreement to sell realty - preliminary issue - date by which a survey was to be obtained.

Guernsey Judgment 38/2005

05.07.2005

Law Officers of the Crown v C A Le Page

Royal Court

Criminal appeal from the Magistrates Court - sentence - driving with unsecured load and defective tyres - disqualifications varied so as to be concurrent rather than consecutive.

Guernsey Judgment 37/2005

04.07.2005

Westbury Property Fund Limited

Royal Court

Companies (Guernsey) Law, 1994 s.73(2) - application for declaration that special resolution be deemed to have been delivered to HM Greffier within the statutory period.

Guernsey Judgment 36/2005

20.06.2005

B v B

Royal Court

Matrimonial cause - husband's application for variation of an agreed order - increase of maintenance for child to be payable by wife - allowed in part (see also Judgment 12/2005).

Guernsey Judgment 35/2005

13.06.2005

Administrator of Income Tax v Cachemar Limited

Royal Court

Income Tax (Guernsey) Law, 1975 - investment company - Tax Tribunal held the company was entitled to deduct a 'management fee' as 'permissible management expenses' - Administrator's appeal by way of case stated - approach taken by the Tribunal - 'permissible management expenses' to be given a fairly wide meaning - Administrator's appeal dismissed.

Guernsey Judgment 33/2005

08.06.2005

E v E

Royal Court

Matrimonial cause - wife's application for costs following judgment on ancillary relief (See Judgment 34/2004)

Guernsey Judgment 32/2005

03.06.2005

Administrator of Income Tax v Broadaker Company Limited

Royal Court

Income Tax (Guernsey) Law, 1975 - whether abortive capital expenditure could be reclassified as a bad debt - Tax Tribunal held it was an allowable deduction - Administrator's appeal by way of case stated - appeal allowed.

Guernsey Judgment 31/2005

31.05.2005

The Wessadah Foundation v Barings (Guernsey) Limited

Royal Court

Royal Court Civil Rules, 1989 - strike out application - proper approach to strike out - application dismissed.

Guernsey Judgment 30/2005

19.05.2005

Law Officers of the Crown v K R Brooker

Royal Court

Appeal against sentence imposed by the Court of Alderney - assault - uncertainty as to the facts on which the Court of Alderney sentenced - appeal allowed to the extent that the sentence of one month's imprisonment, suspended for one year, was set aside.

Guernsey Judgment 29/2005

19.05.2005

Law Officers of the Crown v N M Trebert

Royal Court

Criminal appeal from Magistrate's Court - driving in a manner dangerous to the public - appeal against sentence - driving disqualification reduced from 5 years to 3 years

Guernsey Judgment 27/2005

03.05.2005

Hammerschmidt and Kells Worldwide v Barclays Bank plc

Royal Court

Exception de Fond - determination of relative priority of equitable interest in security/ies held by the First Plaintiff and the legal interest held by the Defendant.

Guernsey Judgment 26/2005

29.04.2005

Administrator of the Social Security Authority v Beresford

Royal Court

Social Insurance (Guernsey) Law, 1978 - disqualification from receiving contribution credits - set aside by Social Insurance Tribunal - appeal by Administrator to Royal Court - Tribunal found to have erred in law.

Guernsey Judgment 25/2005

28.04.2005

L v L

Royal Court

Matrimonial Causes Law (Guernsey) 1939 - wife's petition for divorce - applications, inter alia, for interim occupation order of the matrimonial home - whether such an order could be made in respect of a States tenancy - construction of sections 43 and 46 of the 1939 Law

Guernsey Judgment 24/2005

26.04.2005

IFS Investments Limited v Manor Park (Guernsey) Limited et al

Royal Court

Royal Court Civil Rules, 1989 - defendants' applications for award of 'wasted' costs in respect of revised cause - costs to be on recoverable, not indemnity, basis.

Guernsey Judgment 23/2005

25.04.2005

Rothschild et al in re the Z Trust

Royal Court

Discretionary trust - Beddoes application by trustees to defend proceedings in the Royal Court of Jersey - review of Beddoes jurisdiction and procedure - order granted

Guernsey Judgment 22/2005

19.04.2005

IFS Investments Limited v Manor Park (Guernsey) Limited et al

Royal Court

Royal Court (Costs and Fees) Rules, 2000 - taxation - practice of Advocate being attended by legally qualified assistant in same firm not to be encouraged - general rule that fees of English counsel are not recoverable from the other party - Advocate's time spent on researching straightforward matters of Guernsey law not recoverable.

Guernsey Judgment 21/2005

12.04.2005

Dept of the Environment v Barrett & Barrett

Royal Court

Royal Court (Costs and Fees) Rules, 2000 - Taxation pursuant to Order of the Court of Appeal (See Judgment 54/2003) - recoverable costs limited to judicial review and did not extend to the statutory appeal proceedings which preceded it - circumstances in which 'researching the law' can be recoverable cost - date of judgment from which interest recoverable as of right under the Judgments (Interest) (Bailiwick of Guernsey) Law, 1985.

Guernsey Judgment 20/2005

08.04.2005

Bach v Amiss

Royal Court

Application for summary judgment/strike out of Defendant's claim - dispute between shareholders in trust company - effect of disclosure to the valuer of 'without prejudice' offer - premature to dismiss action without hearing evidence - issue of 'without prejudice' letter a matter for the Jurats - application dismissed.

Guernsey Judgment 19/2005

07.04.2005

Law Officers of the Crown v M R Brender & W G Ceillam

Royal Court

Theft (Bailiwick of Guernsey) Law, 1983 - burglary and inflicting grievous bodily harm - need for a deterrent sentence - starting point set at four years' imprisonment, before allowing for any discount for guilty plea and any mitigation

Guernsey Judgment 16/2005

29.03.2005

Law Officers of the Crown v D A Bishop

Royal Court

Criminal appeal from Magistrates Court - against sentence on three counts of burglary - totality principle - appeal allowed to the extent that the three sentences, each of two months, were varied so as to be concurrent rather than consecutive.

Guernsey Judgment 14/2005

11.03.2005 and 12.05.2005

Hill Samuel Offshore Trust Company Ltd (in re the Tubuoh Trust)

Royal Court

(i) Trust - proceedings against the original trustee (a company) in the English High Court - the business of the original trustee had been transferred to the present applicant, Hill Samuel - Beddoes application by Hill Samuel - adjourned sine die (ii) Trusts (Guernsey) Law, 1989 - Beddoes application by the trustee company - applicant directed to send a report to all the discretionary beneficiaries on the action taken and the extent of the indemnity sought - any application by a beneficiary, to restrain the trustee from paying out the monies, to be considered within eight weeks of posting of the report

Guernsey Judgment 13/2005

03.03.2005

Law Officers of the Crown v M S Clarke

Royal Court

Criminal appeal - sentence imposed by Magistrates Court - power to increase sentence on appeal - appeal dismissed.

Guernsey Judgment 12/2005

18.02.2005

B v B

Royal Court

Matrimonial cause - husband's application for variation of Agreed Order - variation sought as respects maintenance of child of the marriage, lump sum and vesting of matrimonial home - issues of maintenance adjourned to a late date and other limbs of application refused.

Guernsey Judgment 11/2005

08.02.2005

A v A

Royal Court

Matrimonial cause - existing judicial separation order - wife's application for reduction of maintenance in respect of the two children of the marriage - applications for variation and remission of arrears dismissed.

Guernsey Judgment 10/2005

02.02.2005

Law Officers of the Crown v J J Babbe

Royal Court

Criminal appeal from the Magistrates Court - sentence - burglary, theft, etc., - exceptional mitigating circumstances - immediate custodial sentences replaced by probation order.

Guernsey Judgment 8/2005

26.01.2005

Norman Piette Limited v Hochtief Construction (UK) Limited

Royal Court

Actions in tort and quasi-contract - plaintiff's application for specific discovery - application granted.

Guernsey Judgment 7/2005

20.01.2005

Goddard v Fosse Investments Limited et al

Royal Court

Royal Court Civil Rules, 1989 - security for costs - application for adjournment of hearing granted.

Guernsey Judgment 5/2005

18.01.2005

Law Officers of the Crown v D L Bougourd

Royal Court

Criminal appeal from the Magistrate Court - sentence - burglary of post office - six months' youth detention - appeal dismissed.

Guernsey Judgment 3/2005

17.01.2005

Investec Trust (Guernsey) Limited (In re The Pelican Trust)

Royal Court

Trusts (Guernsey) Law, 1989 - Trustee's application for rectification of deed of settlement - no provision in deed for express power to accumulate income - principles to be applied in considering rectification application.

Guernsey Judgment 2/2005

04.01.2005

Angenent v Pring

Royal Court

Personal injuries claim (See also Judgments 65/2004 and 1/2005) - how the Royal Court would have exercised its discretion had it found there was jurisdiction to order an interim payment.

Guernsey Judgment 1/2005

04.01.2005

Angenent v Pring

Royal Court

Personal injuries claim (see also Judgment 65/2004) - plaintiff's application for order that the parties provide joint experts' reports - no such provision in the Royal Court Civil Rules, 1989 - Guernsey and English authorities reviewed - held that the Court has no jurisdiction to make the order sought - variation of existing timetable for lodging of experts' reports, if so advised, by the plaintiff and defendant respectively.