2011
- No in Annual SeriesDatePartiesCourtDetails
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Guernsey Judgment 35/201122.11.2011Williams Guardianship - Application to be appointed Special Guardian and Application to sell RealtyRoyal Court
Application to appoint a guardian and to sell realty - granted.
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Guernsey Judgment 34/201104.11.2011Propinvest Group Limited - Application for Administration OrderRoyal Court
Companies (Guernsey) Law 2008 - application for an administration order - Section 374 - insolvency test - application granted.
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Guernsey Judgment 33/201110.11.2011In the matter of an application by Aidan Richard SherryRoyal Court
Application for leave to appeal out of time - a decision of the Magistrates Court from 1980. Application refused.
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Guernsey Judgment 32/201123.02.2011Hitchins, Levy, Hitchins & Hill, Lloyds TSB Offshore Trust Company LimitedRoyal Court
23rd February, 2011 - Trusts (Guernsey) Law, 1989 - transfer of an equitable interest - held that a letter by the mother of the parties, now deceased, could be a sufficient direction to nominee/trustee shareholders to hold the shares on trust for the First Defendant - whether the letter did actually achieve a transfer depended on factual issues yet to be agreed or resolved. 17th October, 2011 - Consideration relevant to weighting of hearsay evidence - undue influence - transfer of beneficial ownership - not valid due to undue influence - Court found in favour of the Plaintiffs.
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Guernsey Judgment 29/201122.07.2011Carlyle Capital Corp Limited, Roberts et al & Conway et alRoyal Court
The Companies (Guernsey) Law 1994 - company liquidation. Plaintiffs seeking to recover considerable damages and other relief. Failure of the duties arising under and connected with an investment management agreement. Similar proceedings issued in Delaware decision of jurisdiction between Delaware and Guernsey.
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Guernsey Judgment 27/201131.08.2011Ferbrache et al and the Chief Officer of Police and Judge John Russell FinchRoyal Court
Application to adjourn judicial review proceedings - granted.
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Guernsey Judgment 26/201102.09.2011Forfeiture of money, Funds held in Cash and Application of HM ProcureurRoyal Court
Civil Proceedings (Bailiwick of Guernsey) Law, 2007, application forfeiture of money - granted.
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Guernsey Judgment 25/201128.06.2011In re a SettlementRoyal Court
Trusts (Guernsey) Law 2007 - Section 57 - application to vary a trust - £80,000,000 - to benefit as many future generations as possible - application granted.
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Guernsey Judgment 24/201111.08.2011Alan Michael John Baker v Chairman of the Parole Review CommitteeRoyal Court
Parole Committee Review (Guernsey), Law, 1989 and Ordinance, 1991, as amended - application for Judicial Review - seeking to quash decision of the Parole Committee's decision as an unreasonable exercise of their power - decision quashed - Court directed that the matter be remitted.
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Guernsey Judgment 20/201108.07.2011HSBC Trustee (Guernsey) Limited (as Trustee of the Glencoe Investments Trust) v KingsRoyal Court
Trusts - application by the Trustees for rectification of a previous share transfer. Order applied for granted.
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Guernsey Judgment 18/201114.06.2011Bienvenu & LynchRoyal Court
Admissibility of evidence - application to exclude evidence - refused.
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Guernsey Judgment 17/201112.04.2011Synergy Classic Limited and D.E.S. Commercial Holdings et alRoyal Court
Companies (Guernsey) Law 2008 s.349 application for an order to strike out application by Synergy Classic Limited - order granted - Synergy had no standing to make an application under s.349.
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Guernsey Judgment 16/201126.05.2011Williams & VowlesRoyal Court
Medical negligence claim - judgment prepared by the Deputy Bailiff and Jurats under s.16(5) of the Royal Court (Reform) Guernsey Law, 2008 - Jurats found in favour of the Defendant. The Plaintiff brought an action alleging medical negligence following a right thyroid lobectomy which resulted in a right vocal cord palsy and problems with her voice and throat. She claimed £50,000 for pain, suffering and loss of amenity etc.
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Guernsey Judgment 15/201103.05.2011Rothschild Trust Guernsey Limited & Pateras & Katigko-KalliopiRoyal Court
Trust (Guernsey) Law 2007 - application to confirm that a trust had been validly constituted and that the trustee was validly appointed.
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Guernsey Judgment 14/201104.07.2011Trustee 'T' and RespondentsRoyal Court
The Trust (Guernsey) Law 2007 - application for a variation of a trust - section 57 - application granted.
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Guernsey Judgment 12/201103.05.2011Cotterill v Blanchelande Park Nursing Home LimitedRoyal Court
Employment Protection (Guernsey) Law, 1998 (s.27) - employee's application for leave to appeal from Tribunal decision - held that the appellant had raised no point of law or procedural irregularity on which to found an appeal to the Royal Court - application for leave dismissed.
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Guernsey Judgment 11/201118.04.2011Maurice v Jeremiah (Chief Executive of the States of Alderney)Royal Court
Judicial review - appeal from refusal by the Court of Alderney - application to import vehicle - appellant had subsequently been granted what he originally sought - no longer any substance to the appeal - no general public purpose would be served by hearing the appeal - appeal dismissed with no order as to costs.
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Guernsey Judgment 10/201114.04.2011Le Huray v States of GuernseyRoyal Court
Action against the States alleging false imprisonment and assault - Exception de Fonds raised by the States - whether the States is liable at law for the wrongful acts or omissions of Police or customs officers - review of the status of a Police Officer at Common Law - held that the status of police officers and the States was not that of master and servant and that the States was not vicariously liable for actions of Police Officers - no reason to treat Customs Officers in their law enforcement roles differently from Police Officers - no breach of European Court of Human Rights because the plaintiff had the remedy to sue individual officers - Human Rights (Bailiwick of Guernsey) Law, 2000 (fully brought into force on 1st September 2006) did not have retrospective effect.
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Guernsey Judgment 9/201111.04.2011Mitco Realty and Develica Deutschland LtdRoyal Court
Royal Court Civil Rules, 2007 - application by Mitco for security for costs, under Rule 82, in respect of counterclaim brought by Develica - relevance of Solvency Certificate under s.304 of the Companies (Guernsey) Law, 2008 - held that the Court has discretion whether to order a defendant to provide security for the cost of defending a counterclaim - application dismissed.
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Guernsey Judgment 8/201105.04.2011R v RRoyal Court
Matrimonial Causes (Guernsey) Law, 1939 - wife's application in respect of the matrimonial home and maintenance for herself and the children of the marriage - regard to the 'check-list' in s.25 of the English Matrimonial Causes Act, 1973 - housing of the parent with care of the children must come first - house to be vested in the wife with the husband entitled to a 50% share in the equity on one of the 'trigger' events - detailed order to be drafted by counsel.
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Guernsey Judgment 7/201116.03.2011De Garis & Kaines v The Law Officers of the CrownRoyal Court
Assault, perverting the course of justice and grievous bodily harm - application for leave to appeal against sentence - where the evidence was fairly strong, a discount of 25% for a guilty plea would not be interfered with - sentences in respect of separate victims but at the same time and part of the same incident should have been concurrent and not consecutive - the two consecutive sentences each of two years replaced by concurrent sentences each of four years - totality principle - aggregate sentence on de Garis reduced from 8 years to 7 years.
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Guernsey Judgment 6/201111.02.2011R G Ellis Limited and Caxton Holdings LimitedRoyal Court
Enforcement of civil judgment by the Royal Court - Judgment Creditor's application for disclosure of accounting records of the Judgment Debtor - held that inherent jurisdiction of the Court to grant injunctions is similar to that given to English Courts by s.37(1) of the Supreme Court Act 1981 - order for disclosure to the Advocate for the Judgment Creditor - documents not however to be disclosed to his client without further order of the Court.
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Guernsey Judgment 5/201115.04.2011Garnet Investments Limited v The Chief Officers FIS, Customs & Excise, Immigration and Nationality ServiceRoyal Court
Judicial review - decision by the FIS refusing permission to operate bank account belonging to the applicant - Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 - whether decision unreasonable in the Wednesbury sense, disproportionate and in breach of Article 1 Protocol 1 of the European Convention on Human Rights - failure to give reasons - decision quashed.
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Guernsey Judgment 4/201102.02.2011The Law Officers of the Crown v Anthony John JonesRoyal Court
Criminal trial - offences of attempted murder or, in the alternative, wounding with intent - application to exclude proposed prosecution evidence - relevance, discretion at common law to exclude relevant evidence and s.78 of the Police Powers and Criminal Evidence (Bailiwick of Guernsey) Law, 2003.
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Guernsey Judgment 3/201120.01.2011Woodbourne Trustees Ltd & Generali Worldwide Insurance Company LimitedRoyal Court
Annuity and life assurance policies - personal placement market - action alleging excess fees charged by insurer - exercise of 'contractual discretion' - whether terms to be implied - judgment in favour of the Plaintiff in respect of monies retained from surrender proceeds - case preparation and need for proper organisation of files.
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Guernsey Judgment 2/201117/01/2011Flint v The Law Officers of the CrownRoyal Court
Criminal appeal from the Magistrates' Court - from sentence on two counts of assault - sentencing remarks - no addition to the sentence as a penalty for a not guilty plea - domestic violence - aggravating factors - totality of the sentence not manifestly excessive - appeal dismissed.