2008
- No in Annual SeriesDatePartiesCourtDetails
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Guernsey Judgment 40/200802.12.08S Allan v Law Officers of the CrownRoyal Court
Criminal appeal from the Magistrate's Court - assault - appeal from conviction - circumstances in which application of handcuffs by a police officer may constitute an assault - appeal dismissed - The Nine Principles of Policing
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Guernsey Judgment 39/200801.12.08Jolly v Minister of the Housing DepartmentRoyal Court
Housing (Control of Occupation) ( Guernsey) Law, 1994 - Human Rights (Bailiwick of Guernsey) Law, 2000 - Deputy Bailiff retired with the Jurats - reasoned judgment delivered pursuant to s.16 of the Royal Court (Reform) (Guernsey) Law, 2008 - appeal from grant of licence subject to application to renew after one year - distinction between the status of qualified resident and holder of a housing licence - proper approach to be adopted by the Department - Article 8 of the Convention and the right to respect of private and family life - Deputy Bailiff allowed the appeal, having ruled as a matter of law that the Department had failed to consider all the circumstances required by s.10 (2)(j)(iii) of the Law - Jurats held as a matter of fact that Article 8 of the Convention had been infringed - application remitted to the Department for reconsideration
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Guernsey Judgment 38/200824.11.08G M Allen v Law Officers of the CrownRoyal Court
Criminal appeal from the Magistrate's Court - assault - appeal against conviction, the Magistrate having accepted the Prosecution version of the facts after a 'Newton' hearing - Article 6(1) of the European Convention on Human Rights - court must give reasons for its decision - held that the decision in this case more than fulfilled the duty of the Court under Article 6 - appeal dismissed
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Guernsey Judgment 37/200818.11.08Bank Julius Baer v Winnetka Trading CorporationRoyal Court
'Anti-suit injunction' - Bank's application for order that Winnetka cease proceedings it had instituted before the High Court in England - jurisdiction clauses in investment and credit agreements with the Bank - alleged oral representation that the jurisdiction clause was to be disregarded - held that the effect of the jurisdiction clause in the investment agreement was to give exclusive jurisdiction in favour of Guernsey - injunction granted as sought
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Guernsey Judgment 36/200811.10.08Daniel v GoverRoyal Court
Action for recovery of debt - before Deputy Bailiff and Jurats - Royal Court (Reform) (Guernsey) Law, 2008 - Deputy Bailiff retired with the Jurats and reasoned judgment delivered - judgment incorporated the directions given by the Deputy Bailiff the findings of fact found by the Jurats - burden of proof - defendant had asserted that the plaintiff had agreed to waive the loan - held that as respects that specific assertion the burden of proof lay on the defendant - on any other issue in the case the burden of proof lay on the plaintiff - held that there had been no agreement to waive the loan and judgment awarded to the plaintiff
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Guernsey Judgment 34/200829.04.08In re F (a minor)Royal Court
Fatal accident claim by widow on her own behalf and that of her minor child - settlement - application to the Royal Court to approve the settlement in so far as it related to a minor child, and to fix the proportion of the net amount to be received by that child - factors to be taken into account - settlement approved and net amount to be divided as to 94% to the widow and 6% to the child.
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Guernsey Judgment 33/200803.10.08Garnet Investments v BNP Paribas (Suisse) SA & The Government of The Republic of IndonesiaRoyal Court
(i) Freezing and disclosure order - review - Plaintiff's application to discharge the injunction - Third Party's application to lift the stay on disclosure - whether a freezing order may only be made in support of specific litigation in course or under contemplation - injunction extended to 23 May 2009 - leave to appeal granted. (See Judgment 13/2007; reported at 2007-2008 GLR 73) (ii) Third Party's application to lift the stay on the disclosure order dismissed - costs reserved and leave to appeal granted
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Guernsey Judgment 30/200828.08.08Brooks et al & Allen & Billen & TaylorRoyal Court
Will of personal estate - action to set aside, alleging want of testamentary capacity - preliminary hearing to decide where the burden of proof lay - the burden of proof may shift from one party to another in the course of a case - held that in the present case the burden of proof lay initially on the parties propounding the will to demonstrate that the Testatrix had the requisite mental capacity
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Guernsey Judgment 29/200808.08.08F v FRoyal Court
Matrimonial Causes (Guernsey) Law, 1939 - application for ancillary relief - powers of the Court to order vesting or division of real and personal property - assets insufficient to provide for the needs of the two homes - entitlement of each party to a fair share of the available property - relevant factors
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Guernsey Judgment 28/200808.05.08In re X (under guardianship)Royal Court
Guardianship or curatelle - application by curateur aux biens for approval to place assets of the incapable in a settlement - preliminary hearing on a question of law - powers of the curateur and of the Royal Court - review of customary law on curatelle - duty of the curateur to act en bon père de famille - role of curateur distinguished from that of trustee - approach of the Scottish Courts, in relation to curator bonis, adopted - held that the customary law on curatelle can be held to have developed so as to permit the disposition of the assets of an incapable in the way proposed
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Guernsey Judgment 27/200809.06.08Dronne Investments Ltd v HSBC Private Bank (Guernsey) LimitedRoyal Court
Civil procedure - Exception de fonds - defence of prescription - replique alleging empêchement d'agir - proper approach to considering exception de fonds - exception rejected
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Guernsey Judgment 26/200810.07.08N R Bassford, J C Larose, J I Stuart and D J Marshall v Law Officers of the CrownRoyal Court
Appeal from the Magistrates Court - possession of Class A drugs - appeals against sentence - Aramah and Richards guidelines considered - starting point for possession of Class A drugs should be a custodial sentence - appeals dismissed
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Guernsey Judgment 22/200807.07.08Da Mata v George (trading as Private Home Care)Royal Court
Employment Protection (Guernsey) Law, 1998 - appeal to Royal Court from rejection of claim of unfair dismissal - Employment Tribunal unable to establish that a dismissal had taken place - right of appeal to Royal Court limited to points of law - held that the findings of the Tribunal were not perverse or irrational - appeal dismissed
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Guernsey Judgment 21/200803.07.08AB International Fund PCC Ltd with AB Asia Pacific Growth Fund LtdRoyal Court
Protected Cell Companies Ordinance, 1997 - Amalgamation of Companies Ordinance, 1997 - proposed amalgamation of a Protected Cell Company (to be the amalgamated company) and a non-cellular company - held that such an amalgamation is permissible - the assets and liabilities of each of the pre-amalgamation cells and of the non -cellular company will remain separate and apart
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Guernsey Judgment 20/200825.06.08Shaham v Lloyds TSB and Fooks - In re Dan Ron (deceased)Royal Court
Royal Court Civil Rules, 2007 (Rule 82) - discretion of the Court when awarding costs - exceptions to the rule that costs follow the event - issue based approach adopted in this case - award of recoverable costs to the Intervenor, reduced by 20% (See Judgment 11/2008)
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Guernsey Judgment 19/200826.06.08Les Banques Holdings Ltd v Good and GoodRoyal Court
Action in trespass - use of residential car park - whether plaintiff must have exclusive possession in order to bring an action in trespass - Jersey and English authorities reviewed - exclusive possession held not to be a prerequisite to bringing an action for trespass - grant of a right to use an area of land does not necessarily involve a grant of possession (See Judgment 39/2007)
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Guernsey Judgment 18/200809.04.08C v CRoyal Court
Judicial Separation by consent - Wife's application to reduce the maintenance payable by her in respect of children - proper approach on appeal seeking variation of a consent order - welfare of the children remains the first consideration
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Guernsey Judgment 17/200804.04.08A v BRoyal Court
Loi relative à l'Entretien des Enfants Illègitimes, 1927, as amended - Domestic Proceedings and Magistrate's Court (Guernsey) Law, 1988 - appeal from maintenance order made by the Magistrates Court - proper approach on appeal to review of findings of fact by the Magistrate
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Guernsey Judgment 16/200817.04.08Register General of Electors ex parteRoyal Court
Reform (Guernsey) Law, 1948, as amended - Elections Ordinance, 2004 - application for declaratory relief - inherent power of the Royal Court - persons wrongly excluded by administrative error - held that the term 'Electoral Roll' includes all persons who should be validly on the Rollno criticism of the Jurats who had been faced with an exceedingly difficult task
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Guernsey Judgment 11/200820.03.08Shaham v Lloyds TSB and Fooks - In re Dan Ron (deceased)Royal Court
Law of Property (Miscellaneous Provisions) (Guernsey) Law, 1979 - form of Joint Account Authority did not operate as a statutory assignment of ownership of the funds in the account under s.2 of the law of 1979 - in enacting the Law of 1979 the States had made no provision for equitable assignment - power of Customary Law to evolve and be developed by the Courts of Guernsey - held however that this was not an omission which the Royal Court might now remedy (See Judgment 67/2005)
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Guernsey Judgment 10/200817.03.08Wrench v Albany Hotel LtdRoyal Court
Law Reform (Miscellaneous Provisions) (Guernsey) Law 1987 (ss.6 and 7) - leave had been granted to register Act of Court against Albany - dispute had been referred to arbitration - amount claimed had been increased with leave of the arbitrator - held that there was no power to treat an order of an arbitrator as if it were an Act or Order of the Court - no power to amend the cause because the proceedings before the Court were stayed - held that the amount secured could only be increased if another, later Act or Order of the Court were registrable (See Judgment 14/2007
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Guernsey Judgment 9/200812.03.08R J Bach and K Bach v Law Officers of the CrownRoyal Court
Island Development (Guernsey) Law, 1966 - carrying out development without permission - appeal from conviction before the Magistrates Court - conversion of adjoining dwellings with a single dwelling - held that prescription did not apply against the Crown or the Law Officers in criminal matters - no unjustifiable delay such as to constitute abuse of process - European Convention on Human Rights (Article 6) - no breach of right to a hearing ″within a reasonable time″ - appeal dismissed
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Guernsey Judgment 8/200826.02.08Thomas v Housing DepartmentRoyal Court
European Convention on the Protection of Human Rights and Fundamental Freedoms 1950 (Art.8) - right of respect for private and family life - Housing (Control of Occupation) (Guernsey) Law, 1994 - housing licence to be subject, inter alia, to condition that part of the Appellant's house be let to a locally qualified lodger - circumstances in which the State can legitimately interfere with private and family life - Convention rights in Guernsey courts - whether Article 8 engaged - proportionality - the condition requiring the taking in of a lodger held to be ultra vires and unreasonable - appeal allowed
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Guernsey Judgment 7/200827.02.08Bate v Housing DepartmentRoyal Court
(i) Housing (Control of Occupation) (Guernsey) Law, 1994 - Appellant had been granted an employment related housing licence - appeal from decision of the Department not to reconsider an earlier decision not to grant a non-employment related licence - construction of s.6 of the Law - decision of the Department held to be ultra vires and unreasonable - appeal allowed and Department directed to consider the Appellant's application Royal Court Civil Rules, 1989 (Rule 48) - application for costs on indemnity basis - recoverable costs awarded.
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Guernsey Judgment 6/200808.02.08Bird v Environment DepartmentRoyal Court
Island Development (Guernsey) Law, 1966 - appeal from refusal of application to erect a replacement radio mast - permission had been given in 1968 ″to re-site″ a mast on the premises, which mast was removed in 2005 - Appellant sought declaration that the 1968 permission 'to re-site' a mast remained valid - duration of a grant of development permission - held that the permission granted in 1968 was valid for twelve months only and was fully implemented within that period - therefore it was no longer valid - declaration refused
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Guernsey Judgment 4/200828.01.08In re The V SettlementRoyal Court
Trusts (Guernsey) Law, 1989 (s.62) - application by the trustee for authority to make a loan to the son of the Settlor - presiding judge retired with the Jurats to consider the application - Court satisfied that the trustee's opinion that he should exercise his discretion to make the proposed loan was one which an ordinary, reasonable and prudent trustee properly instructed could have properly formed - costs of all the parties to be met out of the trust fund on the indemnity basis
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Guernsey Judgment 3/200821.01.08Glass v Administrator of Income TaxRoyal Court
Income Tax (Guernsey) Law, 1975 (s.80) - appeal by way of Case Stated from decision of the Guernsey Tax Tribunal - whether transaction was in the nature of capital or income - definition of ″business″ - held that payment received by the Appellant constituted ″an adventure in the nature of trade″ - appeal dismissed
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Guernsey Judgment 2/200816.01.08GFSC v Claridges Trustees Ltd, Claridges Trust Co Ltd, First Nominees Ltd et alRoyal Court
Companies (Guernsey) Law, 1994 (s.96B) - Regulation of Fiduciaries, Administration Businesses and Company Directors etc (Bailiwick of Guernsey) Law, 2000 (s.34) - applications by the Commission for the four Respondent Companies to be wound up - application granted under s.96B of the law of 1994 (See Judgment 8/2007)
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Guernsey Judgment 1/200808..01.08G E Le Prevost v Law Officers of the CrownRoyal Court
Criminal appeal from the Magistrate's Court - exceeding speed limit - appeal against sentence of £150 fine and 2 months' suspension of driving licence - suspension held not to be manifestly excessive - appeal dismissed