Commission successful in Guernsey Court of Appeal24th August 2023
On 22 August 2023, the Guernsey Court of Appeal handed down its judgment in the case of John Adam Robilliard and the Chairman of the Guernsey Financial Services Commission.
The Guernsey Court of Appeal heard an appeal brought by Mr Robilliard against a decision of the Deputy Bailiff in the Royal Court who had dismissed Mr Robilliard’s previous appeal against a decision of one of the Commission’s Senior Decision Makers, Richard Jones KC. The Court of Appeal dismissed Mr Robilliard’s appeal against the decision of the Deputy Bailiff finding that none of his grounds of appeal were made out. The Court of Appeal set out its belief that the Senior Decision Maker’s decision was within the range of reasonable responses open to him on the issues of dishonesty and lack of probity, or of lack of integrity and it did not consider that the Senior Decision Maker’s decision was unfair or unreasonable. Details of the facts of the Commission’s case against Mr Robilliard and the sanctions imposed on him by the Senior Decision Maker can be found in the public statement we issued on 24 August 2023.
The Commission welcomes the clarity that the judgment provides to it and its licensees on the fairness of procedure the Commission uses during its enforcement investigation and processes noting that a reasonable investigation had been undertaken.