Search Results 1 to 38 of 38

DAVID LESLIE BATES v (1) MICROSTAR LTD (2) THOMAS CHARLES COMBRINCK (2003)

It was not just, as between the claimant and the second defendant, to make an order which prevented the claimant from attempting to establish a breach of duty which could secure a recovery in the region of a quarter of a million pounds.

CIVIL PROCEDURE - CPR - COMMERCIAL

Ch.D (Bernard Livesey QC) 28/3/2003

References: LTL 9/4/2003 : TLR 15/4/2003

Document No.: Case Law - AC0104816

INLAND REVENUE COMMISSIONERS v RYSAFFE TRUSTEE CO (CI) LTD (2003)

Five identical discretionary settlements that had been created over the space of several weeks were not to be regarded as a single settlement, either as the product of associated operations or otherwise.

TAX - TRUSTS

CA (Schiemann LJ, Mummery LJ, Dyson LJ) 20/3/2003

References: LTL 20/3/2003 : (2003) STC 536 : TLR 29/4/2003

Document No.: Case Law - AC0103290

(1) MORGAN GRENFELL DEVELOPMENT CAPITAL SYNDICATIONS LTD (2) MORGAN GRENFELL PRIVATE EQUITY LTD (3) DEUTSCHE BANK NOMINEES (GUERNSEY) LTD (4) DEUTSCHE BANK INTERNATIONAL LTD v ARROWS AUTOSPORT LTD & 7 Ors (2003)

The claimants had not agreed to release certain of the defendants from their security liabilities: the document on which the defendants relied was not a binding, enforceable agreement but merely a letter of comfort.

BANKING - GUARANTEE AND INDEMNITY - CONTRACT

Ch.D (Pumfrey J) 28/2/2003

References: LTL 25/3/2003 (Unreported elsewhere)

Document No.: Case Law - AC0104640

BERMUDA TRUST LTD v BRACKMAN CHOPRA LLP : BRACKMAN CHOPRA LLP (Part 20 Claimant) v (1) LENNOX LEWIS (2) SHOGUN SECURITIES LTD (3) LION PROMOTIONS LLC (4) BERMUDA TRUST (GUERNSEY) LTD (Part 20 Defendants) (2003)

The claimant would be permitted to add a claim in conversion to its contractual claim for delivery up of certain documents from the defendant firm of accountants. However, its claim for damages arising out of the alleged failure to deliver up was wholly speculative and could not be allowed to proceed.

CIVIL PROCEDURE - DAMAGES - TORT

QBD (Eady J) 28/2/2003

References: LTL 28/2/2003

Document No.: Case Law - AC0104647

BRUCE RODERICK MAUNDER TAYLOR v HUGH SEAN BLAQUIERE (2002)

The purpose of Part II Landlord and Tenant Act 1987 was to provide a scheme for the appointment of a manager who would carry out the functions required of him by the court. Such a manager acted in his own right as a court-appointed official and not as the manager of the defaulting landlord.

LANDLORD AND TENANT

CA (Aldous LJ, Tuckey LJ, Longmore LJ) 14/11/2002

References: LTL 14/11/2002 : TLR 21/11/2002 : (2003) 1 WLR 379 : (2003) 7 EG 138

Document No.: Case Law - AC0300939

N M ROTHSCHILD LTD v EQUITABLE LIFE ASSURANCE SOCIETY & ORS (2002)

Under loan agreements governed by the law of Guernsey, a lender was entitled to value insurance policies lodged as collateral to the loan at the value calculated by the insurer.

BANKING - CONTRACT - CONFLICT OF LAWS - INSURANCE - CONSUMER

QBD (Cooke J) 7/5/2002

References: LTL 28/6/2002 (Unreported elsewhere)

Document No.: Case Law - AC0103339

ANSOL LTD v (1) TAYLOR JOYNSON GARRETT (A Firm) (2) PAVLOS VARDINOYANNIS (3) MICHAEL ELGOOD (2002)

On a discontinuance of an application that had become redundant, no order on costs was made because a parallel claim in the Guernsey courts would be able to deal with that issue. Leave for use of witness statements prepared for the redundant application was refused because the documents had no relevance to the other proceedings in which the applicant sought to use them and the applicant already had leave to apply to the Guernsey courts to determine the matter.

LEGAL PROFESSION - CIVIL PROCEDURE

Ch.D (Sir Andrew Morritt V-C) 15/1/2002

References: TLR 30/1/2002 : LTL 25/2/2002

Document No.: Case Law - AC8001993

BASE METAL TRADING LTD v RUSLAN BORISOVICH SHAMURIN (2001)

An unsuccessful application for summary judgment where the defendant failed to show that there was no real prospect that the trial judge would hold that the proper law for determining the defendant's liability was anything other than Russian law.

COMPANY - CONTRACT - TORT - EQUITY - EMPLOYMENT - NEGLIGENCE - CIVIL PROCEDURE - CPR - CONFLICT OF LAWS

QBD Commercial Court (Moore-Bick J) 21/11/2001

References: LTL 26/11/2001 (Unreported elsewhere)

Document No.: Case Law - AC0103224

AOOT KALMNEFT v DENTON WILDE SAPTE (A Firm) (2001)

The principle in Norwich Pharmacal Co v Customs and Excise Commissioners (1974) & Ors (1980) 1 WLR 1274 and Bankers Trust Co v Shapira did not extend only to the identification of the wrongdoer but also to the identification of his wrongdoing.

CIVIL PROCEDURE - COMMERCIAL - LEGAL PROFESSION - FRAUD

QBD Leeds District Registry (HH Judge McGonigal) 29/10/2001

References: LTL 19/11/2001 : (2002) 1 Lloyd's Rep 417

Document No.: Case Law - AC0102169

MONTROSE INVESTMENTS v (1) ORION NOMINEES (2) FRICHMOND CORPORATE SERVICES LTD (2001)

The effect of CPR 11.4 was that a challenge to the jurisdiction had to be made within the period specified for filing a defence in CPR 15.4. The period in which to object to the jurisdiction could be extended under CPR 3.1(2)(a).

CIVIL PROCEDURE - CPR

Ch.D (Sir Donald Rattee) 19/7/2001

References: LTL 3/8/2001 EXTEMPORE : ILR 19/11/2001 : ILR 17/12/2001

Document No.: Case Law - AC9200271

R v CHRISTOPHER HAMILTON DAWSON (2001)

Liabilities to creditors remained existing legally enforceable liabilities despite an individual voluntary arrangement between debtor and creditors and therefore an intention to default on those liabilities could correctly be charged under s.2(1)(b) Theft Act 1978.

CRIMINAL PROCEDURE - INSOLVENCY AND BANKRUPTCY - CRIME

CA (Mance LJ, Sir Richard Tucker, HH Judge Gordon) 29/6/2001

References: LTL 6/9/2001 (Unreported elsewhere)

Document No.: Case Law - AC0101583

BRITISH UNITED PROVIDENT ASSOCIATION LTD v CUSTOMS & EXCISE COMMISSIONERS (NO.17286) (2001)

A group subsidiary which had its registered office in England nevertheless had its place of business in Guernsey. It followed that the supply to it of advertising services by another Guernsey company was outside the scope of VAT.

CUSTOMS AND EXCISE - COMPANY - MEDIA AND ENTERTAINMENT

VADT (Paul Heim (Ch), Mr R L Jennings) 11/6/2001

References: LTL 20/9/2001 (Unreported elsewhere)

Document No.: Case Law - AC0700272

GOVERNMENT OF SIERRA LEONE v (1) EDWARD ORMUS SHARRINGTON DAVENPORT (2) CAPRICORN FINANCIAL INVESTMENTS SA (3) CAPRICORN INVESTMENTS SA (4) CYRIL PATRICK FORAY (5) DONALD E GEORGE (2001)

A freezing order concerning a defendant allegedly involved in a property deal disadvantageous to the Sierra Leone government was continued.

LANDLORD AND TENANT - CIVIL PROCEDURE

Ch.D (Peter Leaver QC) 11/4/2001

References: LTL 8/5/2001 (Unpublished elsewhere)

Document No.: Case Law - AC0101200

C INC PLC v (1) MRS L (2) MR L (2001)

The court could grant a freezing order over the assets of a third party when judgment had been obtained against a defendant who claimed to hold assets only as a trustee or agent of a third party and that third party was resident outside the jurisdiction.

GUARANTEE AND INDEMNITY - CIVIL PROCEDURE - COMMERCIAL - TRUSTS - CPR - INTERNATIONAL

QBD Commercial Court (Aikens J) 16/3/2001

References: TLR 4/5/2001 : LTL 6/7/2001 : (2001) CLC 1054 : (2001) 2 All ER (Comm) 446 : (2001) 2 Lloyd's Rep 459

Document No.: Case Law - AC8001896

DEXTER LTD (IN ADMINISTRATIVE RECEIVERSHIP) v EDWINA AMETHYST HARLEY (2001)

When applying the concept of "the harmful event" to a constructive claim based on knowing receipt or dishonest assistance, for the purpose of establishing that the High Court had jurisdiction over a defendant domiciled in Spain pursuant to Art.5(3) Brussels Convention, it was not sufficient simply to point to acts done within the jurisdiction if those acts had nothing to do with the defendant. The harmful event had to be a harmful event on the part of the defendant.

CONFLICT OF LAWS - TORT - FRAUD

Ch.D (Lloyd J) 8/3/2001

References: LTL 2/4/2001 : TLR 2/4/2001

Document No.: Case Law - AC0100891

MERCHANT NAVY RATINGS PENSION FUND TRUSTEES LTD v (1) MICHAEL CHAMBERS (2) DERRICK GEORGE CREED (3) EVERARD (GUERNSEY) LTD (2001)

Approval given by the court to the implementation of proposals designed to restore the Merchant Navy Ratings Pension Fund to balance.

PENSIONS - TRUSTS

Ch.D (Blackburne J) 7/2/2001

References: LTL 15/2/2001 : TLR 2/4/2001 : (2002) ICR 359

Document No.: Case Law - AC0100722

NATIONAL BANK OF GREECE SA & ANOR v R M OUTHWAITE 317 SYNDICATE AT LLOYDS & ORS (2001)

The phrase "the same interest in a claim" found in CPR 19.6 was to be interpreted with a view to giving effect to the overriding objective in the Civil Procedure Rules 1998/3132. Specifically it should be interpreted in a way that made the representative proceedings machinery available in cases where its use would save expense and enable a matter to be dealt with expeditiously.

CIVIL PROCEDURE - CPR - INSURANCE

QBD Commercial Court (Andrew Smith J) 16/1/2001

References: LTL 22/1/2001 (Unreported elsewhere)

Document No.: Case Law - AC0100558

A motor racing company was not allowed a release from a consent order agreed with a major investor.

CONTRACT - CIVIL PROCEDURE - COMMERCIAL - SPORT

Ch.D (Lightman J) 4/7/2002

References: LTL 15/7/2002 (Unreported elsewhere)

Document No.: Case Law - AC0103454

SURFACE TECHNOLOGY PLC (T/A ULTRASEAL INTERNATIONAL) v (1) PETER DAVID YOUNG (2) ULTRASEAL INTERNATIONAL LTD (A COMPANY FORMED UNDER THE LAWS OF GUERNSEY) (3) MX SYSTEMS (UK) LTD (2002)

This case is reported at (2002) FSR 25. A full Lawtel Case Report will be published shortly and the official transcript may be ordered from Transcripts Express on 020 7970 4800.

INTELLECTUAL PROPERTY

Ch.D Patents Court (Pumfrey J) 22/3/2001

References: (2002) FSR 25

Document No.: Case Law - AC0300909

M W HELICOPTERS LTD v CUSTOMS & EXCISE COMMISSIONERS (NO.16888) (2001)

The supply of a helicopter had taken place even though arrangements for the transfer of the helicopter's registration and insurance had not been completed. There was no evidence of a supply outside the UK, so the supply was liable to VAT at the standard rate.

CUSTOMS AND EXCISE - AVIATION - SALE OF GOODS

VADT (Stuart Lightman (Ch), John Brown, Mr S K Das) 19/10/2000

References: LTL 12/2/2001 (Unreported elsewhere)

Document No.: Case Law - AC0700022

(1) ADAM & CO INTERNATIONAL TRUSTEES LTD (2) MICHAEL DAVID ELLERT (3) LESLIE JONATHAN SIEFF v THEODORE GODDARD (a firm) (2000)

The provisions of s.37(1)(c) Trustee Act 1925 had not been modified by the terms of a settlement so as to permit the appointment of a sole foreign trustee, which was not a trust corporation, in place of two individual trustees. Accordingly, the deed of appointment was not effective to give those individuals their discharge.

TAX - TRUSTS - PROFESSIONAL NEGLIGENCE - LEGAL PROFESSION - FINANCIAL

Ch.D (Evans-Lombe J) 7/3/2000

References: LTL 13/3/2000 : TLR 17/3/2000

Document No.: Case Law - AC7200841

(1) SIMON RIST LTD (2) RICHARD FRENCH BELLOT v (1) RICHARD GEORGE BELLOT (2) TSB BANK PLC (2000)

The first defendant had had the oral authority of the second claimant to deposit share certificates with the second defendant as security for the indebtedness of a third party.

AGENCY - PROPERTY - BANKING - COMPANY

Ch.D (Park J) 22/2/2000

References: LTL 9/3/2000 (Unreported elsewhere)

Document No.: Case Law - AC7200835

VEKAPLAST WINDOWS (CI) LTD v (1) BARRY KENNETH JEHAN (2) LESLEY JEHAN (1999)

The dismissal of the appellant's claim at first instance was not perverse, but had been justified by the evidence before the court.

COMMERCIAL - CIVIL PROCEDURE - COMPANY

PC (Lords Browne-Wilkinson, Mackay, Nolan, Clyde and Hobhouse) 13/12/99

References: LTL 14/12/99 (Unreported elsewhere)

Document No.: Case Law - AC7200614

CADOGAN PROPERTIES LTD (Plaintiff) v MOUNT EDEN LAND LTD (Defendant) (1999)

The judge could not properly have made an order for substituted service in respect of a foreign company when leave to serve out of the jurisdiction had not been obtained and the extant originating process was in the wrong form.

CIVIL PROCEDURE - CPR

CA (Peter Gibson LJ, Waller LJ) 29/6/99

References: LTL 29/6/99 (Unreported elsewhere)

Document No.: Case Law - AC7200051

R v AIRPORT COORDINATION LTD (Respondent), EX PARTE THE STATES OF GUERNSEY TRANSPORT BOARD (Applicant) (1999)

Interpretation of Art.8.4 EC Council Regulation No 95/93 relating to airport slot allocations.

CIVIL PROCEDURE - AVIATION - ADMINISTRATIVE - EUROPEAN - TRANSPORT - COMMERCIAL

QBD (Maurice Kay J) 25/3/99

References: LTL 1/4/99 (Unreported elsewhere)

Document No.: Case Law - AC7900046

IN RE DELFIN INTERNATIONAL (SA) LTD & THE INSOLVENCY ACT 1986 : IN RE DELFIN MARKETING (UK) LTD & THE INSOLVENCY ACT 1986 (1998)

Winding up was ordered because a company's activities constituted a "lottery" and also breached the Fair Trading Act 1973; a public interest issue was not determined. Argument concerning a related Guernsey-based company was to be heard later and injunctions continued.

BETTING, GAMING AND LOTTERIES - COMPETITION - CONSUMER - INTERNATIONAL - COMPANY - INSOLVENCY AND BANKRUPTCY

Ch.D Companies Court (Neuberger J) 9/9/98

References: LTL 20/11/98 : (2000) 1 BCLC 71

Document No.: Case Law - AC7600060

SOINCO SACI & ANOR v NOVOKUZNETSK ALUMUNIUM PLANT & ORS QBCMI 97/0111/B (1997)

Order for costs in one of the appeals in proceedings between foreign companies and jurisdiction for the appointment of a receiver to receive payments from a Guernsey company by way of equitable execution by garnishee order.

CIVIL PROCEDURE

CA (Phillips LJ, Waller LJ, Chadwick LJ) 16/12/97

References: LTL 16/12/97 : (1998) CLC 730 at 748

Document No.: Case Law - AC0006096

(1) SOINCO SACI (2) EURAL KFT (Plaintiffs) v (1) NOVOKUZNETSK ALUMINIUM PLANT (2) BASE METAL TRADING LTD (3) BASE METAL TRADING 9UK0 LTD (4) ROSS METAL UK LTD (5) BASE METAL TRADING LTD (A GUERNSEY REGISTERED COMPANY) (Defendants) QBCMI 97/0111/B & QBCMI 97/1265/B (1997)

Appeal by a Guernsey company against enforcement of a garnishee order absolute for payment of a US$10m debt owed by the Guernsey company to an associated Russian aluminium company.

CONFLICT OF LAWS - CIVIL PROCEDURE

CA (Phillips LJ, Waller LJ, Chadwick LJ) 16/12/97

References: LTL 17/12/97 : (1998) CLC 730 at 735 : (1998) 2 Lloyd's Rep 346

Document No.: Case Law - AC0006736

(1) INSURANCE CORPORATION OF THE CHANNEL ISLANDS (2) ROYAL INSURANCE (UK) LTD (Plaintiffs) v THE ROYAL HOTEL LTD & ORS (Defendants) (1997)

Insurance companies' claims to recover money paid out for inflated and fraudulent fire insurance claims barred by not having been raised in an earlier action when issues were already decided.

INSURANCE - ESTOPPEL

QBD (Mance J) 30/7/97

References: LTL 30/7/97 (Unreported elsewhere)

Document No.: Case Law - AC0006093

COMMISSIONERS OF INLAND REVENUE v McGUCKIAN (1997)

Tax avoidance scheme in Northern Ireland which failed on Ramsay principles.

TAX

HL (Lords Browne-Wilkinson, Lloyd, Steyn, Cooke and Clyde) 12/6/97

References: LTL 13/6/97 : TLR 20/6/97 : (1997) 1 WLR 991 : (1997) STC 908 : ILR 28/7/97 : (1997) 3 All ER 817

Document No.: Case Law - AC0005968

WATES BUILDING GROUP LTD v JONES (1998)

The defendant had no arguable defence to a claim by the plaintiff under a personal guarantee.

GUARANTEE AND INDEMNITY

CA (Beldam LJ, Millett LJ) 5/2/96

References: (1998) 59 Con LR 97

Document No.: Case Law - AC0300130

ISLAND DEVELOPMENT COMMITTEE v RICHARD McGONNELL (1999)

Appeal against the Island Development Committee's decision refusing planning permission to use a shed as a dwelling house was dismissed. *Application to the European Court of Human Rights on the grounds that the Royal Court of Guernsey was not an independent and impartial tribunal due to the fact that the Bailiff held legislative and executive functions.

REAL PROPERTY - PLANNING

Royal Court Guernsey (Sir Graham Dorey Bailiff) 6/6/95

References: LTL 9/9/99 (Unreported elsewhere)

Document No.: Case Law - AC8001213

P (MINORS)(FINAL CARE ORDER:NORTHERN IRELAND), IN RE (1993)

Necessity for making order final for children to move to Northern Ireland

FAMILY - INTERNATIONAL

CA 7.4.93

References: ILR 10.5.93

Document No.: Case Law - AC1605286

JONES (HMIT) v LINCOLN, LEWIS & ORS (1991)

BENEFICIARIES NOT LIABLE ON GAINS ON SALES BY NON-RESIDENT TRUSTEES

TAX - EQUITY, TRUSTS, PROBATE - INTERNATIONAL

Ch.D (Hoffmann J) 16/5/91

References: TLR 21/5/91 BTC 171

Document No.: Case Law - AC0019129

SHERRY (AIDEN RICHARD) v THE QUEEN (1989)

Opportunity to be heard on appeal lost through appellant's own fault.

CRIMINAL PROCEDURE

PC 20/2/89

References: (1989) 1 WLR 341

Document No.: Case Law - AC1615446

PLUMMER v INLAND REVENUE COMMISSIONERS (1987)

Failing to acquire-intention insufficient without residence

TAX - INTERNATIONAL

Ch.D (23.10.87) (Hoffmann J)

References: BTC 543 : (1988) 1 WLR 292 : (1988) 132 SJ 54 : (1988) 1 All ER 97 : (1987) STC 698 : (1987) 84 LSG 3415.

Document No.: Case Law - AC1255256

YUILL v FLETCHER (HMIT) (1984)

Taxpayer conveyed land to Guernsey companies which he owned for the purpose of realising gains which would accrue when planning permission for development was granted: appeal against assessments raised under ICTA 1970 on profits realised by the companies as being income of appellant

TAX

CA (Waller LJ, Oliver LJ and Purchas LJ) 10/4/84

References: (1984) BTC 164 : (1984) 58 TC 145 : (1984) STC 401 : (1984) 81 LSG 1604

Document No.: Case Law - AC1748564

BERRY v WARNETT (1982)

On sale of life and reversionary interest in Guernsey company.

EQUITY - TRUSTS - PROBATE - TAX - COMPANY

References: (1982) BTC 239 : (1982) 2 All ER 630 : (1982) 1 WLR 698 : (1982) STC 396 : (1982) 55 TC 92 : (1982) 125 SJ 345

Document No.: Case Law - AC1004010

28 July 2003