Royal Court issues judgment on application for leave to appeal out of time in the case of Alan Chick v Guernsey Financial Services Commission19th April 2021
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.