Guernsey Judgment 38/2009 - Braun v Brantridge Estates Ltd

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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)