2007
- No in Annual SeriesDatePartiesCourtDetails
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Guernsey Judgment 53/200709.07.07Masood et al v Zahoor et alRoyal Court
Companies (Guernsey) Law, 1994 (s.75) - allegation of prejudice to minority shareholders - claim to entitlement to shareholdings and rectification of share register - related actions ongoing in various other jurisdictions - forum non conveniens - principles to be applied - Guernsey proceedings stayed subject to undertakings by the parties
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Guernsey Judgment 52/200730.11.07F v GRoyal Court
Civil action - application to amend cause - circumstances in which amendment of pleadings may be permitted
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Guernsey Judgment 51/200719.12.07Colussi v Investec Trust (Guernsey) Ltd and SerravalloRoyal Court
Royal Court Civil Rules, 1989 (Rule 48) - decision on Exceptions Déclinatoires handed down on 25 May 2007 (See Judgment 16/2007) - costs applications - principles to be applied
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Guernsey Judgment 47/200705.12.07Canivet Webber Financial Services Ltd v GFSCRoyal Court
Insurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) Law, 2002 - appeal from decision of the Commission - failure to comply with time limit for bringing an appeal - judicial discretion to extend time limit - order for security for costs under Rule 48 of the Royal Court Civil Rules, 1989
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Guernsey Judgment 46/200703.12.07In re XRoyal Court
Register of Births - application to rectify under Article 20 of the Law of 1935 - petitioner the holder of a Gender Recognition Certificate issued in the United Kingdom pursuant to the Gender Recognition Act 2004 - originally registered as of the male gender - leave granted for a fresh entry to be made, in the female gender - Deputy Bailiff's directions to be published without disclosing the identity of the petitioner
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Guernsey Judgment 45/200727.11.07Masood et al v Zahoor et alRoyal Court
Companies (Guernsey) Law, 1994 (Section 75) - allegation of prejudice to minority shareholders - stay of proceedings - application for interim relief - discrepancies in the evidence of the Defendants - order for costs on the indemnity basis - Advocate must not make factual submissions without first personally checking their veracity - similarly affidavits must be checked as far as practicable
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Guernsey Judgment 42/200715.10.07Barclay v Beaumont (Seigneur of Sark) and Guille (Seneschal of Sark)Royal Court
Sark - conveyance of tenement - action seeking declaration that payment of treizième to the Seigneur was unlawful - Seneschal performing a judicial function when deciding whether or not to pass a conveyance - distinction between the roles of the Seneschal and the Greffier - action against the Seneschal dismissed as unsustainable
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Guernsey Judgment 39/200718.10.07Les Banques Holdings Ltd v GoodRoyal Court
Action relating to use of a residential car park - exceptions de fonds pleaded by the Defendants - application by Plaintiff to correct any alleged defects in the cause - the test applicable to exceptions de fonds - the function of particulars of pleadings - amendment allowed and exceptions dismissed
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Guernsey Judgment 38/2007A S Carre v Law Officers of the Crown
Criminal appeal from the Magistrates Court - driving in excess of the speed limit - appeal against disqualification from driving for four months - appellant had forgotten to show the Assistant Magistrate a letter from his employer - held that this letter would not have altered the Court's decision - decision not manifestly excessive or wrong in principle - appeal dismissed.
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Guernsey Judgment 37/200701.10.07H de Garis v Law Officers of the CrownRoyal Court
Criminal Appeal from the Magistrate's Court - breach of the peace and resisting police - assault with a glass causing facial injury - appeal from sentence of eight months' youth detention for the assault - personal circumstances properly taken into account - appeal dismissed
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Guernsey Judgment 36/200701.10.07H Lord v Law Officers of the CrownRoyal Court
Criminal appeal from the Magistrate's Court - cycling through traffic lights - offence which could have been dealt with by way of a Fixed Penalty Notice - appeal allowed and offence dismissed under the Probation of Offenders Law
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Guernsey Judgment 31/2007D v D
Matrimonial Causes (Guernsey) Law, 1939 - application for an order to give effect to an agreement as respects ancillary relief - Respondent unable to proceed with the proposed settlement - held that any agreement between the parties must be approved by the Court before it will have legal effect - held that it would be wrong to give effect to the agreement without first hearing evidence - application dismissed
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Guernsey Judgment 30/200720.09.07Cable and Wireless (Guernsey) Ltd v Office of Utility Regulation, Guernsey Airtel Ltd and Wave Telecom LtdRoyal Court
Regulation of Utilities (Bailiwick of Guernsey) Law, 2001 - reference from Utilities Appeal Tribunal - proposed appeal had been held to be a nullity (See Judgment 15/2007) - costs applications - power of the Royal Court to award costs in respect of (i) the reference and (ii) the appeal, considered
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Guernsey Judgment 29/200729.09.07Fidelity Management Ltd v Royal Bank of Canada (Guernsey) LtdRoyal Court
Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 - fiduciary deposit account held by the defendant bank - disclosure made to the Financial Intelligence Service under the 1999 Law - plaintiff's application for a declaration that a request to transfer those funds was validly made on behalf of the plaintiff - Law Officers invited to be heard as Partie Publique - jurisdiction - circumstances in which the Court can make a factual finding in the absence of the Jurats - declaratory relief is granted as a discretionary remedy - application granted
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Guernsey Judgment 28/200729.08.07In re the H TrustRoyal Court
Trusts (Guernsey) Law, 1989 (s.52) - application for variation - presiding Judge and Jurats retired together to consider the principal application - adult beneficiary suffering from Asperger's syndrome - held to be under a legal disability under s.52(a) of the Law - Advocate appointed special guardian so that instructions could be given on behalf of this beneficiary - principles to be applied in variation of trust cases - Jersey and English authorities considered
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Guernsey Judgment 27/200723.08.07C v CRoyal Court
Matrimonial Causes Law (Guernsey), 1939 - judicial separation by consent - former husband's application for reduction of maintenance payable in respect of the two minor children of the marriage - principles to be adopted in considering application to vary consent order - application dismissed.
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Guernsey Judgment 26/200717.08.07Bank of Scotland v Henderson and ShalesRoyal Court
Saisie Procedure (Simplification) (Bailiwick) Order, 1952 - bond consented to by joint purchasers - debtors unable to service the loan - no equity in the property - one debtor consented to judgment in favour of the lender - the other debtor could not be traced - held that the lender could not rely upon the standard clause in the bond as to service - related to service of notices and demands on customers of the lender and not to legal process - held also that the standard clause in the bond appointing an officer of the lender as Attorney for the debtors could not be relied upon as the debtors had appeared by an Attorney to consent to the bond - delegatus non potest delegare - order for substituted service under Rule 6 of the Royal Court Civil Rules, 1989
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Guernsey Judgment 25/200715.06.07Williams v Dixcart Trust Corp Ltd and CorlettRoyal Court
Royal Court Civil Rules, 1989 (Rule 36) - allegation of breach of fiduciary duty - strike out application - pleadings sufficiently precise and clear to enable a substantive defence to be filed - application dismissed
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Guernsey Judgment 23/200727.07.07Jones v Le ValléeRoyal Court
Licitation - dwelling owned by the parties in undivided half shares - each had granted life enjoyment of their half to the other - parties had agreed to proceed by way of licitation - issue whether the Court had power to postpone the making of a licitation order - defendant ordered to participate in a licitation or judicial action within 5 months
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Guernsey Judgment 22/200726.07.07Wilson v Environment Department and Doumejour Property Co Ltd (Intervenor)Royal Court
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Guernsey Judgment 21/200724.07.07B v BRoyal Court
Matrimonial Causes Law (Guernsey), 1939 (Article 45) - judicial separation by consent - husband's application to reduce maintenance payable in respect of he two minor children of the marriage, and for remission of arrears - not for the Court to re-open the terms agreed by the parties - material change in the husband's circumstances - maintenance reduced from £305 to £176 per month for each child - held that the husband had not given full disclosure of his available assets - arrears of £6,533.03 ordered to be paid within one month
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Guernsey Judgment 18/200726.06.07Equatorial Guinea v Royal Bank of Scotland Int Ltd, Logo Ltd and Systems Design LtdRoyal Court
Norwich Pharmacal disclosure order - application by the Interveners for the Order of the Royal Court to be set aside and discharged - review of proceedings to date in the Courts of Guernsey and of England and before the Privy Council - English Court of Appeal, in parallel proceedings, had held that none of the pleaded claims (which arose from the Claimants' exercise of sovereign power) were enforceable in the Courts of England - appeal pending to the House of Lords - Interveners' application refused - Order of the Royal Court to remain in force but stayed until further order
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Guernsey Judgment 17/200727.02.07Ferbrache and Richardson v Kirk, Bound, Cheong, Ogier and GreenRoyal Court
Arbitration (Guernsey) Law, 1982 - partnership dispute - Respondents had applied for legal proceedings to be stayed pending arbitration (s.4) - Applicants alleged 'equitable fraud' and applied for an order that the arbitration agreement shall cease to have effect (s. 24(2)) - held that 'fraud' in this context meant fraud strictly so called - Applicants did not intend to allege deceit or impropriety - Applicants' s.24(2) application therefore failed - Respondents' s.4 application granted
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Guernsey Judgment 16/200725.05.07Colussi v Investec Trust (Guernsey) Ltd, and SerravalloRoyal Court
Trusts (Guernsey) Law, 1989 - proceedings in Guernsey and in Italy - exceptions déclinatoires - whether the proceedings should be pursued in Guernsey or Perugia - held that the trust claims could be tried most suitably in Guernsey but that the Guernsey court had no jurisdiction over the agreement which gave rise to the share claims
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Guernsey Judgment 15/200724.05.07Cable and Wireless Guernsey Ltd v Office of Utility Regulation, Guernsey Airtel Ltd and Wave Telecom LtdRoyal Court
Regulation of Utilities (Bailiwick of Guernsey) Law, 2001 - reference from Utilities Appeal Tribunal (UAT) - UAT purported to allow extension of appeal period from 14 to 28 days - need to distinguish between the UAT and the Utility Appeals Panel - 2001 Law, Ordinance and Rules considered - in this case wrong procedure followed from the outset - held that the UAT did not have power to extend the appeal period - the appeal brought outside the 14 day period was a nullity
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Guernsey Judgment 14/200723.05.07Albany Hotel Ltd v WrenchRoyal Court
Law Reform (Miscellaneous Provisions) (Guernsey) Law, 1987 (ss. 6 and 7) - leave granted to register Act of Court against Albany - Albany wish to consent to a new bond and for that new bond to have priority over the Act of Court - powers of the Court reviewed - held that priority arose from the act of registration, not from the Order giving permission to register - the 1987 Law did not give power to the Court to dictate or alter the priority attaching to a registry - application dismissed
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Guernsey Judgment 13/200723.05.07Garnet Investments Ltd v BNP Paribas and Republic of IndonesiaRoyal Court
Third Party's application to continue a freezing injunction - Norwich Pharmacal application - issue of risk of dissipation of assets - Third Party's application for disclosure - proper approach to disclosure applications - freezing injunction varied - provision for limited disclosure - freezing injunction to be reviewed on 7th December 2007
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Guernsey Judgment 12/200715.05.07Galaxy International Ltd v Ladbrokes PLCRoyal Court
Companies (Guernsey) Laws 1994 to 1996 (Section 96(1) - application by Ladbrokes for winding up of Galaxy - application by Galaxy for stay pending determination of proceedings in England - not appropriate for Galaxy to seek to re-argue contractual issues already determined by the Royal Court on 7th February 2007 - application for stay refused - hearing of the winding-up application to proceed solely on the basis of the affidavits filed by the parties - winding-up application will involve issues to be decided by the Jurats
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Guernsey Judgment 11/200702.05.00Jersey Fisherman's Association Ltd et al v States of GuernseyPrivy Council
Sea Fish Licensing (Guernsey) Ordinance, 2003 - whether ultra vires - appeal from Court of Appeal (See Judgments 30/2004, 32/2004 and 34/2005) - Ordinance making power of the States - European Communities (Implementation) (Book of Guernsey) Law, 1994 - legislative regime relating to waters around the Channel Islands and the United Kingdom - European Community and the Common Fisheries Policy - powers of the States to legislate by Ordinance, and by Projet de Loi sanctioned by Order in Council, contrasted - 2003 Ordinance fell outside the powers conferred by the 1994 Law - 2003 Ordinance declared invalid as respects the 3 to 12 mile belt - held to be severable and to be valid as respects the 3 mile belt. (Order in Council registered by the Royal Court on 16th July 2007)
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Guernsey Judgment 10/200730.04.07Ogier v Grand Havre Holdings LtdRoyal Court
(i) Action declared périmée and struck out on 30 May 2006 (See Judgment 24/2006) - ruling delivered on application for costs - costs awarded on the recoverable basis (ii) Application for leave to appeal to the Court of Appeal - decision under appeal held to be interlocutory and leave therefore required - application refused
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Guernsey Judgment 9/200724.04.07Singleton v DuncanRoyal Court
Claim arising from a building dispute -Guernsey doctrine of péremption - application to restore an action which has become périmée - Royal Court Civil Rules, 1989 (Rule 50) - matters to be taken into account in exercise of discretion - application to the present case - application granted - parties encouraged to seek mediation
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Guernsey Judgment 8/200730.03.07Yaddehige v Credit Suisse, Partners of Collas Day and MPRRoyal Court
Actions in contract and in tort - exceptions pleaded by the defendants - nature of exceptions de fonds - locus standi - Royal Court Civil Rules, 1989 (Rule 36) - relevance of prescription and limitation in relation to the contractual and tortious claims respectively - empêchement d'agir - whether reasonable cause of action - whether proceedings frivolous and/or vexatious - date when the cause of action arose - suit dismissed as respects the Second Defendants and to continue as against the First and Third Defendants on the respective tortious claims against them
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Guernsey Judgment 5/200709.03.07Masood et al v Zahoor et alRoyal Court
Companies (Guernsey) Law, 1994 (Section 75) - allegation of prejudice to the interests of minority shareholders - application for interim relief - legal principles to be followed
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Guernsey Judgment 3/200708.02.07A v ARoyal Court
Domestic proceedings - wife's application for maintenance - full day set aside for contested hearing four months ahead - failure of Advocates to advise the Court that negotiations were in hand between the parties -- application for further adjournment received on the eve of the date set - Greffe should be notified as soon as possible when there is a possibility of a settlement, to avoid waste of Court time
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Guernsey Judgment 2/200705.02.07Chambers v GoochRoyal Court
Claim and Counter-claim relating to repairs to boundary wall - judgment in favour of the defendants - Royal Court Civil Rules, 1989 (Rule 48) - defendants' application for full or partial indemnity costs - review of the authorities - Advocates' fees to be paid at recoverable rate plus 15% with effect from 3rd July 2001
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Guernsey Judgment 1/200708.01.07W P Le Sauvage v Law Officers of the CrownRoyal Court
Murder - plea of not guilty on ground of diminished responsibility - conviction on second count of manslaughter - sentencing principles to be applied - sentence of 7 years imprisonment, to be followed by 3 years on Extended Sentence Licence - Criminal Justice (Supervision of Offenders) (Bailiwick of Guernsey) Law, 2004