2023

[2023]GRC086

10/02/2023

In the Matter of YZ

Royal Court

Application pursuant to the Court's inherent jurisdiction seeking declarations as to the capacity of an individual the subject of a s.24 Mental Health (Bailiwick of Guernsey) Law, 2010 Treatment Order to make decisions in relation to medical treatment without which he would die.  Declaration granted that the individual had the capacity to make a decision in relation to the medical treatment and that there should be no surgical intervention, save with his expressed informed consent.

[2023]GRC083

22/09/23

Law Officers or Crown v M. Bamford and S. Hatton and S. McCarthy and R. Ozard and B. Truffit

Royal Court

Offences of violent disorder under section 2 of the Public Order (Bailiwick of Guernsey)
Law, 2006 and assaults.

[2023]GRC082

24/11/2023

Law Officers of the Crown v S. Perowne

Royal Court

Making indecent images of children contrary to section 3(1)(a) of the Protection of Children
(Bailiwick of Guernsey) Law, 1985 and contrary to section 105(1)(a) of the Protection of
Children (Bailiwick of Guernsey) Law, 2020. All three categories of indecent images were
found, A, B and C.

[2023]GRC081

11/12/2023

Law Officers of the Crown v D. Oates

Royal Court

Unlawful importation of Delta 9-THC, a controlled drug of Class A, contrary to section
2(1)(a) of the Misuse of Drugs (Bailiwick of Guernsey) Law, 1974

[2023]GRC080

18/09/2023

Law Officers of the Crown v M. Kattenhorn

Royal Court

Unlawful importation of the Class A controlled drug cocaine, contrary to section 2(1)(a) of
the Misuse of Drugs (Bailiwick of Guernsey) Law, 1974.

[2023]GRC079

15/09/2023

Law Officers of the Crown v R. De La Mare

Royal Court

Making indecent images of children contrary to section 105(1)(a) of the Protection of
Children (Bailiwick of Guernsey) Law, 2020. All three categories of indecent images were
found, A, B and C.

[2023]GRC078

13/06/2023

Law Officers of the Crown v A. Cusack

Royal Court

Application to admit evidence relating to the admission of facts (and pleas) at trial.

[2023]GRC077

31/01/2023

Law Officers of the Crown v A. Cusack

Royal Court

Application for disclosure.

[2023]GRC076

20/01/2023

Law Officers of the Crown v A. Cusack

Royal Court

Application to stay proceedings for abuse of process relating to a failure to comply with RIPL Notices.

[2023]GRC075

28/12/2023

Trident Trust Company (Guernsey) Limited v ESMS Global Limited and A. Scarborough & R. Fitzpatrick and R & S. Sood and S & J. Webster

Royal Court

This judgment deals with the issue of how to construe the provision in the Trust Instrument of what is
now the ESMS Employee Benefit Trust (“the EBT”), made on 18 August 2014 between Medical
Toxicology and Information Services Limited.

[2023]GRC074

11/12/2023

Law Officers of the Crown v T. Cornish

Royal Court

Inciting a child to commit an act of gross indecency under section 1 of the Protection of Children Law 1985, sexual touching of the same child and inciting her to engage in sexual activity.

[2023]GRC073

01/12/2023

Law Officers of the Crown v M. O'Rahilly

Royal Court

Sexual assault of an adult female.

[2023]GRC072

29/11/2023

Law Officers of the Crown v M and F

Royal Court

Attempted abduction of a child out of the jurisdiction, contrary to section 74 of the Children (Guernsey and Alderney) Law 2008. Failure to comply with a notice contrary to section 49(1) RIPL.

[2023]GRC071

13/09/2023

Law Officers of the Crown v M. Bamford and S. Hatton and S. McCarthy and R. Ozard and B. Truffitt

Royal Court

Application by the Prosecution for Ruling on Defective Counts on an Indictment.

[2023]GRC070

17/11/2023

Law Officers of the Crown v Anonymous D1 and Anonymous D2

Royal Court

Offences of vaginal rape, oral rape, assault by penetration, sexual assault, and assault.

[2023]GRC069

08/12/2023

Law Officers of the Crown v Vairis Zvejnieks

Royal Court

Driving whilst under the influence of excess alcohol, failing to display an ‘L Plate’ while holding a provisional licence, driving without the supervision of an appropriate person, driving without third-party insurance and failing to surrender to custody.

[2023]GRC068

17/08/2023

Law Officers of the Crown v Hurel Limited and T. Wainwright

Royal Court

Ex-tempore judgment on the question of how the trial should proceed in circumstances where the Company is in voluntary liquidation and the Liquidators have indicated that they consider themselves unable to take an active role at trial, there being no funds for representation or to fund any financial penalty which might be imposed if the Company is found guilty and they having no knowledge of the events which are the subject of the trial.

[2023]GRC067

20/03/2023

Law Officers of the Crown v Hurel Limited and T. Wainwright

Royal Court

Application to adjourn trial and counter application for severance, supported by the beginning of an
application for abuse of process.

[2023]GRC063

24/11/2023

Law Officers of the Crown v S. Topley

Royal Court

Breach of suspended sentence

[2023]GRC062

13/07/2023

Law Officers of the Crown v J. Jordan

Royal Court

Handling stolen goods

[2023]GRC061

01/12/2023

CLO Holdco Limited v Highland CLO Funding Limited

Royal Court

Complaint of “unfairly prejudicial” conduct of company’s affairs under ss349 and 350 of Companies (Guernsey) Law 2008. Review of principles. Relevant prejudice must be to Plaintiff’s interests as a member of the company and not otherwise. Prejudice must also be “unfair”. No such conduct in this case; application dismissed. Court could not, in any event, grant relief which overrode contractual rights of other members of the company not convened, or of third parties.

[2023]GRC060

08/11/2023

Law Officers of the Crown v Hurel Limited

Royal Court

Failing to discharge its duties as an employer under Section 2(1) of the Health and Safety at
Work (General) (Guernsey) Ordinance 1987, as amended, in that it failed to conduct its
undertaking, namely the installation of heavy refrigeration units, in such a way as to ensure,
as far as was reasonably practicable, that persons not in its employment who may be affected
were not thereby exposed to risk to their health and safety.

[2023]GRC059

22/11/2023

A.Kazzaz and S.Kazzaz and H.Kazzaz and L.Kazzaz and Ask One Limited and H.Al-Kawaz and A.Abdulwalid v Standard Chartered Trust Limited and Songbird Limited

Royal Court

Costs.  Indemnity costs sanction imposed on unsuccessful Plaintiffs for (i) pleading in disregard of RCCR r 10 (2), and (ii) unjustified and unsuccessful allegation of fraud.

[2023]GRC058

30/11/2023

C. Le Sauvage v Law Officers of the Crown

Royal Court

Appeal against conviction in the Magistrate’s Court on two charges of assault, dismissed.

[2023]GRC057

24/10/2023

P. Pybus and Adjure Global Limited v The Chairman of Guernsey Financial Services Commission

Royal Court

Application for an order pursuant to section 106 of the Financial Services Business (Enforcement
Powers) (Bailiwick of Guernsey) Law, 2020; Rule 50 of the Royal Court Rules, 2007 and to the
extent it may be necessary any other statutory powers and/or the Court’s inherent jurisdiction to
suspend the operation of certain decisions pending the determination of the Appellants appeals.

[2023]GRC056

24/10/2023

In the matter of Forfeiture of Money etc. T. Cowens

Royal Court

Forfeiture of cash seized by the Guernsey Police during a property search. Forfeiture application
pursuant to s. 13 of the Forfeiture of Money in Civil Proceedings (Bailiwick of Guernsey) Law 2007

[2023]GRC055

08/08/2023

W. Landl, A. Landl KHKH Holdings Ltd v Hogg, Watts, Henderson and EFG Private Bank

Royal Court

Application for leave to appeal decision to dismiss application for summary judgment in respect of their Counterclaim and for Strike-out of the Defence to the Counterclaim.

[2023]GRC054

06/09/2023

Law Officers of the Crown v R. Mourant

Royal Court

Cultivation of cannabis contrary to section 5(1) of the Misuse of Drugs (Bailiwick of
Guernsey) Law, 1974, and supplying cannabis resin and herbal cannabis.

[2023]GRC053

25/09/2023

Law Officers of the Crown v A. Cusack

Royal Court

Perverting the course of justice and 4 offences under the Regulation of Investigatory Powers Law.

[2023]GRC052

20/09/2023

Law Officers of the Crown v D. Buxcey

Royal Court

Unlawful importation of the Class B controlled drug cannabis. 

[2023]GRC051

29/09/2023

International Healthcare Solutions Limited v Utmost Worldwide Limited

Royal Court

Application for leave to amend pleadings pursuant to rule 59 of the Royal Court Civil Rules, 2007. Cross-application to strike out the Plaintiff’s pleadings (or such paragraphs of the Cause and Replique be struck out as the Court considers appropriate) or for the Court gives summary judgment in the Defendant’s favour in respect of the Plaintiff’s claims (or such heads of claims the Court considers appropriate).

[2023]GRC050

15/09/2023

Law Officers of the Crown v J. Conway

Royal Court

Postal importations of Class B controlled drugs, namely resin cannabis.

[2023]GRC049

22/09/2023

A.Kazzaz and S.Kazzaz and H.Kazzaz and L.Kazzaz and Ask One Limited and H.Al-Kawaz and A.Abdulwalid v Standard Chartered Trust Limited and Songbird Limited

Royal Court

Trustee’s duty of care when accepting trust and when retaining trust assets. Limitation of actions in
trust claims (s 76 of Trusts (Guernsey) Law 2007). Required elements to prove fraud against a
corporation. Nature of claim by creditors of “insolvent” trust against trustees. Status and
admissibility of judgment, pleadings and evidence in previous proceedings in another jurisdiction -
issue estoppel, Henderson v Henderson abuse of process, admissibility as hearsay; rule in Hollington
v Hewthorn ([1943] KB 58) not part of Guernsey law. Facts, not evidence, to be pleaded in Guernsey
pleadings.

[2023]GRC046

23/08/2023

ITG Limited and Bayeux Limited v Glenalla Properties Limited and Thorson Investments Ltd and Eliza Limited and Oscatello Investments Limited and Geneva Trust and Fort Trustees Limited Limited and Balchan Management Limited

Royal Court

Value of trust assets insufficient to meet the proper claims of successive trustees upon such assets in full. Trustees’ claims ranking pari passu. Valuations of trust assets made in interlocutory proceedings (taken for the convenient administration of the trust whilst legal proceedings pending) held not to fix values to be attributed to such trust assets when making the final calculation of such trustees’ respective entitlements.

[2023]GRC045

14/06/2023

Law Officers of the Crown v B. Mroch

Royal Court

Production and possession of Class B drug cannabis. Criminal damage.

[2023]GRC044

09/06/2023

Law Officers of the Crown v W. Diamond

Royal Court

Unlawful wounding

[2023]GRC043

14/07/2023

Law Officers of the Crown v N. Badarau

Royal Court

Failing to comply with a Notice served under the Regulation of Investigatory Powers Law,
2003

[2023]GRC042

26/06/2023

Law Officer of the Crown v A. Hamon

Royal Court

Two charges of damaging property and two assaults on different people.

[2023]GRC041

26/06/2023

Law Officers of the Crown v J. L. Hutchinson

Royal Court

Burglary of a pharmacy and theft of prescription medication.

[2023]GRC040

03/05/2023

Law Officers of the Crown v N. Farrell and Z. Williams

Royal Court

Unlawful importation of the Class A controlled drug cocaine and failure to comply with a RIPL notice.

[2023]GRC039

28/04/2023

Law Officers of the Crown v N. Farrell and Z. Williams

Royal Court

Attempting to produce the Class A controlled drug, methamphetamine, possession of a controlled drug of Class C and failing to comply with a RIPL notice.

[2023]GRC038

24/03/2023

Law Officers of the Crown v R. Seward

Royal Court

Unlawful importation of Delta 9-THC, a controlled drug of Class A and Cannabis, a
controlled drug of Class B.

[2023]GRC037

01/02/2023

Law Officers of the Crown v S. Hancha

Royal Court

Importation of Class A drug Cocaine, and Class B drug cannabis by postal service and through the Airport.

[2023]GRC036

03/02/2023

Law Officers of the Crown v R. Gray

Royal Court

Unlawful importation of the Class A drug, cocaine and failing to comply with a RIPL notice.

[2023]GRC034

08/08/2023

Mourant Trustees and Carezo Limited v Director of the Revenue Service

Royal Court

Application for leave to bring a statutory appeal in respect of Notices issued by the Director of Revenue Services, pursuant to section 75K of the Income Tax (Guernsey) Law, 1975

[2023]GRC033

08/08/2023

W. Landl and A. Landl and A. Husain and K. Lamba and L’Oeillet Limited and A. Teraiya and R. Shah and Teo Structured Investments Limited and J. Alamer and F. Cere and M. Nooruddin and E. Berenga and Veles Management Corp and Carey AG and V. Isakov and N. Alaali and G. Parolo and Landsend Investments Limited and Y. Jeiroudi and Luxx PCC Limited v S. Hogg and S. Watts and I. Henderson and EFG Private Bank (Channel Islands) Limited

Royal Court

Application for summary judgment of a counter claim and to strike out the defence of the counter claim.

[2023]GRC032

03/08/2023

X and Y and Z v Chairman of the Guernsey Financial Services Commission

Royal Court

Appeal against the decision of the Senior Decision Maker on behalf of the Guernsey Financial Services Commission.  All three appellants appealed the decision on a comprehensive basis.

[2023]GRC026

11/07/2023

L and M and N and Mrs B v Credit Suisse AG, (Guernsey Branch)

Royal Court

Action by accountholders against Bank to prove provenance of funds in accounts were not and did not
represent proceeds of criminal conduct for the purpose of offences under Part II of the Criminal Justice
(Proceeds of Crime) (Bailiwick of Guernsey) Law 1999. Principles reviewed.

[2023]GRC025

19/06/2023

I C Domaille and I G Clarke and M H Hannis v Guernsey Financial Services Commission

Royal Court

GFSC’s application pursuant to s 107 of the Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law 2020 for leave to appeal the judgment of 18^th April 2023 refused at first instance

[2023]GRC024

27/06/2023

R M Fernandes Rodrigues and M J Gomes Texeira v Stanley Gibbons Group PLC

Royal Court

Cross applications by the Plaintiffs and the Defendant in relation to disclosure. Rules 65, 69 and 71 of
the Royal Court Civil Rules 2007.

[2023]GRC023

20/06/2023

In the Matter of a Scheme of Arrangement Proposed Under Part VIII of the Companies (Guernsey) Law, 2008 and In the Matter of Industrials Reit Limited and Industrial Reit Limited

Royal Court

Application pursuant to s. 107 of Part VIII of the Companies (Guernsey) Law 2008 as amended, for the Court to give directions for the convening of a meeting of its members (designated the “Scheme Shareholders”) in Guernsey, for the purpose of considering and if thought fit approving a scheme of arrangement, between the Company and the Scheme Shareholders.

[2023]GRC022

12/06/2023

Barrett Hodgson Limited v M. Abbas and The Salim Habib Education Foundation

Royal Court

Respondents’ application to set aside leave to serve proceedings upon them out of the jurisdiction.
General review of principles applicable to such leave under RCCR r 8. Previous order set aside.

[2023]GRC021

18/04/2023

T Kelham v Chairman of the Guernsey Financial Services Commission

Royal Court

Appeals against the decision of the Senior Decision Maker on behalf of the Guernsey Financial
Services Commission against the sanctions imposed.

[2023]GRC020

24/04/2023

Law Officers of the Crown v R. Le Page and B. Le Prevost

Royal Court

Joint charges of burglary and possession of an offensive weapon. Possession of class A and B
controlled drugs.

[2023]GRC019

05/05/2023

D.Hannah and G. Hannah and R. Hannah v Marlborough Trust Company Limited (in liquidation) as Trustee of the Cloudburst Trust

Royal Court

Applications for (i) an order rectifying a trust instrument so as to provide for the complete
exclusion from benefit thereunder of the Applicants; (ii) alternatively, an order setting aside
the Trust and/or a transfer of shares whereby the Respondent to be held on the trusts of
the Trust.

[2023]GRC018

12/04/2023

Law Officers of the Crown v A

Royal Court

Special measures application – witness to give evidence from behind a screen not visible to the defendant. Viewing the available best evidence (ABE) recording to refresh complainant’s memory, directions to jurats about transcript of interview and leave for prosecution to ask additional questions.

[2023]GRC017

18/04/2023

I. Domaille and I. Clarke and M. Hannis v Guernsey Financial Services Commission

Royal Court

Appeals against sanctions imposed by GFSC on directors/managers of fiduciary services company, asserting error of law, unreasonableness, and disproportion.   Correct approach to finding of want of probity.  Need to recognise distinction between failings of corporate entity and failings of individuals.  Reasonable financial penalties to have regard to historic nature of conduct and enforcement powers at relevant time.   Other matters going to potential unreasonableness/disproportion.   Appeals allowed; Prohibition Orders quashed, and financial penalties reduced.

[2023]GRC016

10/03/2023

Law Officers of the Crown v J. Baker and B. Watson

Royal Court

Importation and possession of synthetic cannabinoids of Class B known as MDMB-4en-PINACA, 4-CEC and JWH-018. Failing to disclose information under section 46 of the Regulation of Investigatory Powers (Bailiwick of Guernsey) Law 2003.

[2023]GRC015

17/02/2023

Her Majesty's Comptroller v Carter & Associates and EEP Managers Limited

Royal Court

Forfeiture of Money etc in Civil Proceedings (Bailiwick of Guernsey) Law 2007, section 13.  Qualifying conditions for forfeiture; meaning of “the money… is any person’s proceeds of unlawful conduct”; need to identify such proceeds;  exercise of court’s discretion.   Application for forfeiture dismissed.

[2023]GRC014

23/03/2023

Law Officers of the Crown v G. Dean and J. Mackie and L. Hill

Royal Court

Being knowingly concerned in the importation of Cannabis Resin, a controlled drug of Class B.

[2023]GRC013

30/01/2023

Law Officers of the Crown v C. Goddard

Royal Court

Arson, being reckless as to the risk of damaging property.

[2023]GRC012

26/01/2023

Law Officers of the Crown v A. Gallienne

Royal Court

Fraud by abuse of position, contrary to Sections 1 and 4 of the Fraud (Bailiwick of Guernsey) Law, 2009.

[2023]GRC011

26/01/2023

Law Officers of the Crown v C. E. Steer

Royal Court

Supplying of a Class B drug, namely cannabis and cannabis resin to another, contrary to the Misuse of Drugs (Bailiwick of Guernsey) Law, 1974, as amended.

[2023]GRC010

27/03/2023

Law Officers of the Crown v A. M. Saunders

Royal Court

Breach of a suspended sentence.

[2023]GRC006

10/03/2023

Medical Specialist Group LLP v Guernsey Competition and Regulatory Authority

Royal Court

Two related appeals brought by The Medical Specialist Group LLP (“the MSG”) against decisions taken by the Guernsey Competition and Regulatory Authority (“the GCRA”).  The first relates to the substantive decision dated 16 September 2021 (“the Decision”) by which the GCRA found that the MSG had infringed the prohibition imposed by section 5(1) of the Competition (Guernsey) Ordinance, 2012 through entering into agreements with other undertakings which have the object of preventing competition within markets in Guernsey for the provision of services.  As a consequence, pursuant to section 32(1) of the 2012 Ordinance, the GCRA gave directions to the MSG.  The second appeal relates to the decision of the GCRA dated 16 December 2021 (“the Penalty Decision”) to impose a penalty of £1,532,590 on the MSG.

[2023]GRC005

02/03/2023

Eagle Holdings Limited (Compulsory Liquidation) and Gull Investments Limited (Voluntary Liquidation) and Kestrel Investments Limited (Voluntary Liquidation) and West Derby Investments Limited (Voluntary Liquidation)

Royal Court

Application by joint liquidators for certain relief in respect of three companies, to make payments to a Bank. The liquidators also sought an increase in the amount that had been estimated as involved in conducting that liquidation under the terms of Practice Direction No. 3 of 2015 and then the appointment of a Commissioner pursuant to section 417 of the 2008 Law.

[2023]GRC002

24/01/2023

Law Officers of the Crown v L. Royle

Royal Court

Unlawful importation of the Class A Controlled drug Cocaine and failing to disclose
information when required to do so.

[2023]GRC001

24/01/2023

Law Officers of the Crown v J. Logan

Royal Court

Importation of the Class A controlled drug Cocaine and attempting to pervert the course of justice.