Enforcement

The Guernsey Financial Services Commission notes the decision of the European Court of Human Rights in Strasbourg, an international court of the Council of Europe which interprets the European Convention on Human Rights, to declare Application no. 11822/25 regarding the case of Domaille and Hannis v the United Kingdom inadmissible.This application related to a long running enforcement matter...

We note the decisions of the Judicial Committee of the Privy Council in this long running matter concerning former Providence directors, copies of which can be found here and here. The matter now reverts to the Royal Court for its consideration of the guidance issued to it by the Court of Appeal in its judgement of 3 October 2025.

The Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020 (“the Enforcement Powers Law”) The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick of Guernsey) Law, 2020 (“the 2020 Fiduciaries Law”) The Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of Guernsey) Regulations, 2007 (“the Regulations”)...

The Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020 (“the Enforcement Powers Law”) The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick of Guernsey) Law, 2020 (“the 2020 Fiduciaries Law”) The Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of Guernsey) Regulations, 2007 (“the Regulations”)...

On 30 th April 2026, the Commission imposed a discretionary financial penalty on Mrs Hannis of £22,500. The above sanction was imposed on Mrs Hannis as a result of her failure to meet the minimum criteria for licensing under The Regulation of Fiduciaries, Administration Business and Company Directors, etc. (Bailiwick of Guernsey) Law, 2020. More details to follow in due course.

On 24 April 2026, the Commission imposed a discretionary financial penalty of £35,000 on Mr Patrick Barry Moroney. In addition, Mr Moroney was prohibited from performing any function on behalf of a regulated entity for a period of 8 years. The exemption set out in section 3(1)(g) of the Regulation of Fiduciaries, Administration Business and Company Directors, etc (Bailiwick of Guernsey) Law, 2020...

The Commission notes that the Court of Appeal handed down a judgment relating to the Commission’s powers to issue a public statement. The Court of Appeal allowed the Commission’s appeal on five of the six grounds advanced. The Court of Appeal set aside the Royal Court’s judgment and reinstated the Senior Decision Maker’s decision to issue the public statement in the terms originally proposed.

We note this judgment from the Court of Appeal which confirms the decision of the Commission’s Senior Decision Maker regarding Mr Hofgren to a considerable extent. Whilst the Royal Court in its judgment dated 21 November 2024, upheld the majority of the Senior Decision Maker’s findings and the sanctions imposed, the Court of Appeal determined that an SDM should be appointed to reassess the overall...

We note this judgment from the Royal Court which upholds and puts into the public domain a number of serious concerns we have about Mr Pybus which we have been wishing to place into the public domain for some time. We note that the Royal Court upholds many of the Senior Decision Maker's findings whilst asking us to appoint a new Senior Decision Maker to consider the matters of probity and...