Judicial Decisions

1. Judicial Decisions (Royal Court and Court of Appeal) in Mr David J. Merrien v GFSC 

2. On 11 May 2016 the Royal Court of Guernsey handed down its final judgment in the appeal brought by Bordeaux Services (Guernsey) Limited & Ors v Guernsey Financial Services Commission. The Commission has considered this ruling carefully and believes that some key messages are contained within the judgment that are important both for Financial Services Business in the Bailiwick, and also for the Commission when bringing enforcement sanctions against licensees and individuals. The Commission is grateful to the Court for the guidance provided in this regard. The Commission thought it helpful if not only the ruling was provided but also a summary of some of the findings made by the Deputy Bailiff.

3. Judicial Decisions (Royal Court and Court of Appeal) in GFSC v Y.

4. On 7 April 2021 the Royal Court of Guernsey handed down its judgment on an application brought by Mr Alan Chick to appeal decisions of the Commission out of time.  The Royal Court, in dismissing the application for the appeal to be commenced out of time, found that there were no exceptional circumstances and that Mr Chick had not done all he could do to bring the appeal timeously. Prior to this application, Mr Chick had made an application seeking damages from the Commission for alleged breaches of Articles 6, 7 and 14 of the European Convention on Human Rights as incorporated into Guernsey Law by the Human Rights (Bailiwick of Guernsey) Law, 2000.  The Commission successfully applied to have this application struck out and successfully resisted all attempts to appeal the strike out decision. The Commission has considered these rulings carefully and believes that some key messages are contained within the judgments that are important both for Financial Services Business in the Bailiwick, and also for the Commission when bringing enforcement sanctions against licensees and individuals. The Commission is grateful to the Court for the guidance provided in this regard.  The Commission has published the judgements here as it thought it helpful to provide the rulings on its website.

Links to these documents can be found below:

David John Merrien v. Cees Schrauwers(2016)(Unreported Royal Court 9th June)(Guernsey Judgment No 23 2016) 754.2KB -
David John Merrien v. Cees Schrauwers(2016)(Unreported Court of Appeal, 6th June) (Guernsey Judgment No 498 2016) 409.3KB -
Bordeaux Services (Guernsey) Limited & Ors v GFSC 1.2MB -
Summary of Royal Court findings in relation to Bordeaux Services (Guernsey) Ltd & Ors v GFSC 273.9KB
Y and The GFSC and HMP - FINAL DECISION 3.9MB -
GFSC v Y - Judgment of the Court 429.4KB -
Final Chick and GFSC Judgment (Application for Strike Out) 374.7KB -
Chick Appeal Judgment (First Application for Leave to Appeal Strike Out from Royal Court) 284.3KB -
Judgment Chick Appeal (Application to Single Judge of Court of Appeal for Leave to Appeal Strike Out) 157.1KB -
Final Appeal Judgment (Application to Full Court of Appeal for Leave to Appeal Strike Out) 322.3KB -
Final Chick v GFSC (Application for Leave to Appeal out of Time) 246.7KB -
Final.Chick v GFSC.Application for costs 152KB -