2009
- No in Annual SeriesDatePartiesCourtDetails
-
Guernsey Judgment 53/200922.12.09In re Estate of Florian Carr et alRoyal Court
Will of personalty - executors' application to rectify - Guernsey and Jersey authorities considered - rectification a remedy 'which must be used sparingly and with extreme caution' - simple drafting error - Jurats held that there was extrinsic evidence of the testator's intention - application granted
-
Guernsey Judgment 52/200914.12.09C M Enterprises Ltd v Environment DeptRoyal Court
Island Development (Guernsey) Law, 1966 - appeal from decision by Environment Department refusing permission in principle to erect a dwelling - Urban Area Plan - Policies GEN 12 (Effect on adjoining properties) DBE 5 (Open Space) and HO2 (Opportunity Sites) - appeal allowed
-
Guernsey Judgment 50/200930.11.09J v JRoyal Court
Matrimonial Cause - wife's application for security for periodical payments of maintenance - English authorities considered - Court has unfettered discretion - not one of those rare situations where such security was necessary - no order made
-
Guernsey Judgment 48/200930.10.09In re The O'Neill TrustsRoyal Court
Trusts (Guernsey) Law, 2007 (s.4(1)(a) and s.79) - application to rectify settlements - principles to be adopted - application granted
-
Guernsey Judgment 47/200913.10.09Mateus v WaltersRoyal Court
Probate - dispute regarding administration of personal estate of an Alderney resident - valuation of business - plaintiff had chosen, with the leave of the Royal Court, to proceed in the Royal Court rather than in the Court of Alderney - valuation commissioned by the Plaintiff was of little value - application for directions refused - parties encouraged to seek the assistance of a local mediator in Alderney - amount in dispute did not justify further litigation
-
Guernsey Judgment 46/200924.09.09A J Driscoll v Law Officers of the CrownRoyal Court
Criminal appeal from the Magistrate's Court - importation of Class A and Class B Drugs respectively - appeal against sentence - whether the Assistant-Magistrate has taken due note of the mitigating factors - guidelines in Richardson and Edwards where very small quantities imported for personal use - to be punished in the same way as offences of simple possession - no requirement upon the Assistant-Magistrate to take any starting-point - appeal dismissed
-
Guernsey Judgment 44/200921.09.09D (a Juvenile) v Law Officers of the CrownRoyal Court
Driving without due care and attention - appeal from the four months disqualification of driving licence imposed by the Juvenile Court - circumstances of the offence at a pedestrian crossing near La Houguette School - careless driving or riding near schools will be punished hard - appeal dismissed
-
Guernsey Judgment 41/200909.09.09Manches LLP v Inter Global Financial LtdRoyal Court
Judgments (Reciprocal Enforcement) (Guernsey) Law, 1957 - application to register a judgment originally granted in a County Court in England and Wales which had been transferred to the High Court for enforcement - held that, for the purpose of the 1957 Law, the judgment was one of "a Superior Court" - registration granted
-
Guernsey Judgment 40/200928.08.09Prentice v Garrard and Manning as Administrators of Landsbanki Guernsey Ltd and LLoyds TSB Offshore LtdRoyal Court
Action by depositor for recovery of monies deposited with Landsbanki - application by Administrators for the claim against them to be heard separately as a preliminary issue - Royal Court Civil Rules, 2007 (Rules 1 and 38) - need to give effect to 'the overriding objective' and ensure 'proportionality' - held that justice required one trial of the issues rather than the possible added delay, frustration and expense of separate trials
-
Guernsey Judgment 39/200919.08.09F v FRoyal Court
Matrimonial Causes (Guernsey) Law, 1939 - Husband's application to reduce existing orders for maintenance of his former wife and their children - limited circumstances in which Consent Orders could subsequently be varied - evidential insufficiency - Husband's application failed
-
Guernsey Judgment 38/200930.07.09Braun v Brantridge Estates LtdRoyal Court
Royal Court Civil Rules, 2007 (Rules 10, 11 and 89) - Administrator's application for a declaration that certain payments by Walter were "gratuitous benefits" under German Law - Brantridge raised Exception de Fonds - whether Administrator's application time-barred under German law - held that it was Guernsey Law, rather than German Law, which governed whether the limitation period (set by German Law) had been interrupted by the commencement of these proceedings - applying the rules of the lex fori, under Rule 89 the action commenced when the summons was handed to HM Sergeant for service - held that the present proceedings had commenced within the limitation period (See also Judgments 40/2006 and 50/2006)
-
Guernsey Judgment 37/200929.07.09Sheppard v C I Fire & Securities (Gsy) LtdRoyal Court
Loi relative aux Preuves 1865, (Article 35) - plaintiff employee's claim for back pay and holiday pay - whether the hourly rate of pay, as stated in the written contract of employment, had been varied by oral agreement - parole evidence rule - Jurats dismissed the action with costs
-
Guernsey Judgment 33/200910.07.09Castellellino v BSI Generali Bank (CI) LtdRoyal Court
Royal Court Civil Rules, 2007 (Rule 52) - action by former employee alleging breach of certain implied terms of his employment - strike-out application by the employer - principles to be applied - Guernsey employment legislation - relevance of English legal principles and case law - strike-out allowed in part, so as to limit the claim to loss to breaches of contract alleged to have occurred prior to termination - statutory right not to be unfairly dismissed and provision for compensation by an Employment and Discrimination Tribunal
-
Guernsey Judgment 32/200908.07.09Margo v Environment DeptRoyal Court
-
Guernsey Judgment 31/200929.06.09F v FRoyal Court
Matrimonial Causes (Guernsey) Law, 1939 - Wife's application for wage arrest to recover arrears of maintenance for child of the marriage - Husband's application for remission of arrears and reduction in maintenance - legal principles to be applied
-
Guernsey Judgment 30/200923.06.09Public Services v Miller BairdRoyal Court
Companies (Guernsey) Law, 2008 (s.406) - application by the States for compulsory winding up order had been dismissed - Company's application for full indemnity costs - costs awarded on the recoverable basis only (See Judgments 51, 57, 59 and 68 of 2005 and 22 of 2009)
-
Guernsey Judgment 29/200923.06.09Burford v FlybeRoyal Court
Employment Protection (Guernsey) Law, 1998 - Sex Discrimination (Employment) (Guernsey) Ordinance, 2005 - proper approach to assessing a judgment by an employment tribunal - employee's appeal from findings by employment tribunal - findings as to date of dismissal - limited purpose of s 6(1) of the 1998 Law - whether 80% reduction of the award was Wednesbury unreasonable - finding as respects allegation of indirect sexual discrimination - proper approach to the test of justification - appeals dismissed
-
Guernsey Judgment 28/200923.06.09Hutcheson et al v Spread Trustee Co LtdRoyal Court
Statutory interpretation - Trusts (Guernsey) Law, 1989, as amended in 1991 - provision that the terms of a trust cannot relieve a trustee of liability arising from gross negligence - whether retrospective effect prior to 1991 or 1989 - Guernsey and Jersey legislation compared - held that the 1991 statutory provision as to gross negligence was declaratory rather than novel - acting with gross negligence not compatible with acting en bon père de famille - held that the exoneration clause as to gross negligence was ineffective both before and after the legislation of 1989 and 1991 - leave granted to appeal to the Court of Appeal (See Judgment 10/2009)
-
Guernsey Judgment 27/200912.06.09Good v Credit SuisseRoyal Court
Employment law - action for breach of contract - strike out application under Rule 52 of the Royal Court Civil Rules, 2007 - whether 'stigma' damages can be awarded following the unfair dismissal of an employee - employment contract subject to an implied term of trust and confidence - position under Guernsey customary law, and subsequent to enactment of the Employment Protection (Guernsey) Law, 1998 - held that the Courts are not now able to develop implied contractual terms that would apply to a dismissal, as the legislature has intervened to provide a statutory remedy for unfair dismissal
-
Guernsey Judgment 25/200929.05.09Gresh v (i) RBC Trust Co (Guernsey) Ltd and (ii) HM Revenue and CustomsRoyal Court
Royal Court Civil Rules, 2007 (Rule 37) - application by HMRC to be joined in the action by Mr Gresh against RBC seeking to apply the principle in Re Hastings-Bass - held that none of the three limbs of Rule 37 have been satisfied by HMRC - held that HMRC were seeking indirectly to enforce a foreign revenue law, and that the case came within the principle in Government of India v Taylor
-
Guernsey Judgment 24/200928.05.09Kinley v Dept of HousingRoyal Court
Housing (Control of Occupation) (Guernsey) Law, 1994 (s.56) - appeal from refusal of application for housing licence - whether unreasonable exercise of the Department's powers - confusion as to the relevance of the "Excellent Teacher Scheme" - held the application should firstly have been considered on employment related grounds (s.6 (2)(a) of the Law) - failure to notify the appellant that her application had not been considered under s.6 (2)(a) - European Convention on Human Rights (Art. 8) - right to respect for private and family life, home etc - held that the Dept had failed to demonstrate, pursuant to Art. 8 (2), that the interference with the right under Art. 8(1) was justified - reliance on the Housing Needs Survey - held that the Department had failed in its duty to exercise meticulous care in arriving at the decision under appeal - reasons for rejection of application not properly explained - held that he decision was so unreasonable that it must be set aside Royal Court Civ
-
Guernsey Judgment 22/200915.05.09Public Services Dept v Miller & Baird (CI) LtdRoyal Court
Companies (Guernsey) Law, 2008 (s.406) - States' application for compulsory winding up order - circumstances in which the court may exercise its discretion not to grant such an order - must be a genuine and serious cross-claim which the company had not reasonably been able to litigate and which exceeded the amount of the States' debt - a substantial cross-claim had been referred to arbitration - no exceptional circumstances why the court should not exercise its discretion not to grant the order sought - no reason to depart from the modern practice to dismiss rather than stay the application (See Judgments 51, 57, 59 and 68 of 2005)
-
Guernsey Judgment 21/200901.05.09Boulton v Housing DeptRoyal Court
Housing (Control of Occupation) (Guernsey) Law, 1994 (s 56) - tenant's appeal from refusal of application for housing licence - 'open market' dwelling removed from the Housing Register at the instance of the landlord - tenant's decision to move, and therefore to apply for a licence, was due to increase of rent to market rate rather than States Policy on de-registration - Department held not to have been unreasonable in its consideration of other factors, such as period of residence in Open Market dwelling, familial connections etc - appeal dismissed (See Judgment 47/2006)
-
Guernsey Judgment 20/200908.04.09Bank of Scotland v Ferbrache et alRoyal Court
Civil Procedure - strike-out applications - whether inordinate and inexcusable delay - key dates in each action reviewed - held that there had been inordinate and inexcusable delay by the Plaintiff - however the Defendants had failed to establish that the delay would prejudice the prospects of a fair trial - strike-out applications dismissed
-
Guernsey Judgment 19/200909.04.09 and 03.06.09A v ARoyal Court
Matrimonial Causes (Guernsey) Law, 1939 - contested petition by the Wife alleging unreasonable behaviour by the Husband - legal principles to be applied - civil standard of proof - allegation of unreasonable behaviour upheld - wife awarded costs on the full indemnity basis
-
Guernsey Judgment 17/200908.04.09Woodbourne Trustees Ltd v Generali Worldwide Insurance Co LtdRoyal Court
Civil procedure - Royal Court Civil Rules, 2007 (Rule 38) - proper extent of 'case management' - interpretation of an implied term - whether a matter of pure law or to be viewed in the context of the parties' contractual relationship - relevance of expert evidence - held that the interpretation of the implied term, including the meaning of 'unreasonable' in this context, could not be resolved as a preliminary issue.
-
Guernsey Judgment 15/200923.03.09Arthur Leadbeater & Son Ltd v Landero LtdRoyal Court
Royal Court Civil Rules, 2007 (Rule 82) - defendant's application for security for costs - financial circumstances of the company and its beneficial owner - application dismissed - parties urged to consider mediation - must have regard to the overriding objective set out in Rule 1 of the 2007 Rules
-
Guernsey Judgment 14/200920.03.09C v DRoyal Court
Civil Procedure - Exceptions de Fond - Royal Court Civil Rules, 2007 (Rules 16, 50 and 60) - the test set out in Cherub Investments Ltd v Channel Islands Aero Club (Guernsey) Ltd - plaintiff to provide further particulars
-
Guernsey Judgment 13/200919.03.09Thommessen v Butterfield Trust (Guernsey) Ltd and the ICRCRoyal Court
Civil Procedure - Royal Court Civil Rules, 2007 (Rule 71) - application for specific disclosure - legal advice privilege and litigation privilege relied upon - application dismissed
-
Guernsey Judgment 12/200912.03.09Ogier v JeffreysRoyal Court
Civil Procedure - application to set aside a conveyance - application that Ozannes, a firm of Advocates, be restrained from acting for the defendant - three Advocates at Ozannes, and one employee, are potential witnesses at the trial of the action - whether risk of disclosure of confidential information - Rules of Professional Conduct issued by the Guernsey Bar Council - need to ensure equality of arms and to ensure public confidence in the administration of justice - ordered that Ozannes cease acting for the defendant
-
Guernsey Judgment 11/200910.11.08 and 24.11.08Ladbrokes PLC v Galaxy International LtdRoyal Court
(i)Taxation - Royal Court (Costs and Fees) (Guernsey) Law, 1969 - Royal Court Costs and Fees Rules, 2000 - costs of lawyers from outside the jurisdiction - whether recoverable and if so at what rate - distinction between external lawyers (i) called as witnesses of foreign law and (ii) assisting in the conduct of Guernsey proceedings - discretionary power of the Royal Court under s.1 (1) of the 1969 Law - public interest in maintaining sufficient expertise among Guernsey Advocates rather than sub-contracting - costs of external lawyers may however be allowed in appropriate and exceptional cases - only rarely should those fees be taxed at levels above those for Guernsey Advocates - position in Jersey - costs taxed at £62,373.25, after reductions of £48,521.10 (ii)Award of costs of the taxation - Royal Court Civil Rules, 2007 (Rule 62) - factors which may be taken into account when considering the issue of costs - starting point that a successful receiving party is entitled to
-
Guernsey Judgment 10/200925.02.09Hutcheson et al v Spread Trustee Co LtdRoyal Court
Trusts (Guernsey) Law, 1989 as amended - Royal Court Civil Rules, 2007 (Rule 52) - strike-out application - strike-out should not be used by Defendant to fine-tune pleadings but rather to remove serious allegations which have no substance - application dismissed
-
Guernsey Judgment 9/200902.03.09Buckley v Ronez LtdRoyal Court
Judgments (Interest) (Bailiwick of Guernsey) Law, 1985 - personal injury claim - special damages - need for certainty as to the practice of the Court - interest, from the date of the summons to the date of trial, to be payable on special damages at the rate which would apply in England, namely 3% - application for costs - 'without prejudice' offers of settlement prior to trial - plaintiff did not respond to defendant's final offer of c.£58,000 (as against the award at trial worth c.£46,000) - plaintiff awarded recoverable costs up to the date of that offer - defendant awarded its recoverable costs after that date (See Judgment 4/2009)
-
Guernsey Judgment 8/200912.02.09Bank of Scotland v Moed; Bank of Scotland v West Cliff LtdRoyal Court
Royal Court Civil Rules, 2007 (Rules 51 and 52) - applications for summary judgment not pursued - plaintiff's failure to comply with Court Orders - Court considered of its own motion striking out both sets of pleadings - defendants awarded costs in respect of the applications for summary judgment now deemed abandoned - directions given for progress of the substantive action
-
Guernsey Judgment 7/200916.02.09Ogier v Grand Havre Holdings LtdRoyal Court
Taxation - Royal Court (Costs and Fees) Rules, 2008 - failure by receiving party to specify the relevant hourly rates of charge during period 2000-2007 - benefit of the doubt given to the receiving party
-
Guernsey Judgment 6/200916.02.09Macey v Housing DeptRoyal Court
Housing (Control of Occupation) (Guernsey) Law, 1994 - appeal from refusal of application for housing licence - Lieutenant Bailiff retired with the Jurats - reasoned judgment delivered pursuant to s.16 of the Royal Court (Reform) (Guernsey) Law, 2008 - decision of the department held not to have been unreasonable - appeal dismissed
-
Guernsey Judgment 5/200928.01.09 / 04.02.09Barclay and Barclay v Latrobe-Bateman et alCourt of the Seneschal
(i)Sark - charitable donation in aid of the New Island Hall - whether the Hall was being used in breach of the Trust Deed - plaintiffs' application for declaratory relief and a permanent injunction - held that the Trust Deed must be construed using the 'four corners test' of construction and having regard to the matrix of fact - held that the present use of part of the Hall under a public house licence is lawful and within the terms of the Trust Deed - held that there had been no negligence or innocent misrepresentation by the defendants - held that no express condition had been imposed by the plaintiffs therefore 'the Sark law of gifts' could not be applied - proceedings dismissed (ii)Trustees application for costs on a full or partial indemnity basis - Reform (Sark) Law, 2008 (s.18) - extent of judicial discretion as to costs - Royal Court Civil Rules, 2007 (r.83) provide persuasive guidance - held that the plaintiffs had not acted unreasonably and that there were no special circums
-
Guernsey Judgment 4/200919.01.09Buckley v Ronez LtdRoyal Court
Personal Injury claim - Safety of Employees (Miscellaneous Provisions) Ordinance, 1952 - Health and Safety at Work (General) (Guernsey) Ordinance, 1987 - Deputy Bailiff retired with Jurats and delivered the reasoned judgment of the Court - injuries sustained by quarry worker - requirements of the 1952 and 1987 Ordinances held to be strict and absolute - relevance of injuries to subsequent compulsory redundancy - proper approach to assessment of loss of earnings - Smith v Manchester award
-
Guernsey Judgment 3/200914.01.09Flightlease Holdings (Guernsey) v Flightlease Holdings (Ireland)Royal Court
Companies (Guernsey) Law, 2008 - both parties are in voluntary liquidation - effect of Plaintiff's claims for indemnity in respect of liability under guarantees relating to the Defendant's liability to third party creditors - the rule in Cherry v Boultbee ("the fund ascertainment principle") - review of statutory provisions for liquidation of companies in Guernsey - rule against double-proof - law of set-off in Guernsey and pre-Napoleonic France - law of set-off in Jersey and in Scotland - adoption by Guernsey Law of English equitable principles in appropriate cases - the fund ascertainment principle is to be applied in the circumstances of the present case - ordered that no dividend be paid in the liquidation of the Plaintiff in respect of the Defendant's agreed claim
-
Guernsey Judgment 1/200919.01.09Wilkes-Green v Environment DepartmentRoyal Court
Island Development (Guernsey) Law, 1966 - appeal from refusal of application to re-surface drive - whether the decision of the Department was reasonable - relevant Policies of the Urban Area Plan - Lieutenant Bailiff retired with the Jurats and delivered the reasoned judgment of the Court - appeal allowed by a majority - the judgment set out the reasons for the majority and minority conclusions of the Jurats respectively