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Sep 24, 2024 | 
journal.step.org | Alison Ozanne
ABSTRACTAlthough it has been a number of years since the law in England and Wales relating to Hastings-Bass and mistake was fundamentally reviewed by the UK Supreme Court in Pitt v Holt, Jersey has continued to see a regular flow of applications before its courts as a result of the introduction of statutory provisions in 2013 addressing both concepts. By contrast, neighbouring Guernsey did not legislate in this area and has followed the English and Welsh law approach.
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Jul 29, 2024 | 
mondaq.com | Sarah Brehaut |Adam Cole |Alison Ozanne |Jarrad Knoetze
Parties in civil cases must challenge opposing expert evidence through cross-examination to ensure a fair trial Criticisms of an expert's report should not be reserved for closing submissions if they could have been addressed during the trial The need for cross-examination depends on the specific circumstances of each case, with the focus on overall fairness and proportionality Relevant to that conclusion is the more recent question which the Supreme Court (in TUI v Griffiths [2023] UKSC 48)...
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May 22, 2024 | 
lexology.com | Sarah Brehaut |ADAM COLE |Alison Ozanne |Jarrad Knoetze |Sarah Ball
IntroductionIn our recent article covering litigation privilege and its reach to expert support (available here) we considered whether litigation privilege may be claimed over all the correspondence with a third party expert / a instructing party, concluding that it was not (for the reasons given in Kyla Shipping Co Ltd & Anor v Freight Trading Ltd & Ors [2022] EWHC 376 (Comm) (22 February 2022).
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May 21, 2024 | 
lexology.com | Sarah Brehaut |ADAM COLE |Alison Ozanne |Jarrad Knoetze |Sarah Ball
IntroductionIn England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to certain proceedings (the "Protocol").
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May 20, 2024 | 
mondaq.com | Sarah Brehaut |Alison Ozanne |Helena Lavin
This article first appeared in Volume 20, Issue 3 of
International Corporate Rescue and is reprinted with the permission
of Chase Cambria Publishing - www.chasecambria.com
Read the full article
The Judicial Committee of the Privy Council ('JCPC')
considered appeals from the Guernsey Court of Appeal
('GCA') and the Jersey Court of Appeal ('JCA'). The
hearings were consolidated and heard together in June 2021.
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May 16, 2024 | 
mondaq.com | Sarah Brehaut |ADAM COLE |Alison Ozanne |Jarrad Knoetze
In England & Wales proceedings are subject to a series of
"Pre-Action Protocols" which set out the steps a Court
would expect parties to take prior to commencing proceedings. The
Pre-Action Conduct and Protocols applies to certain proceedings
(the "Protocol").
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May 16, 2024 | 
mondaq.com | Sarah Brehaut |ADAM COLE |Alison Ozanne |Jarrad Knoetze
In our recent article covering litigation privilege and its
reach to expert support (available here) we considered whether litigation
privilege may be claimed over all the correspondence with a third
party expert / a instructing party, concluding that it was not (for
the reasons given in Kyla Shipping Co Ltd & Anor v Freight
Trading Ltd & Ors [2022] EWHC 376 (Comm) (22
February 2022).
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Feb 4, 2024 | 
lexology.com | Matt Sanders |Sarah Brehaut |ADAM COLE |Chris Hutley-Hurst |Alison Ozanne |Jamie Bookless | +1 more
In our recent article (available here) we reported that the Guernsey Financial Services Commission (the "GFSC") had been granted leave to appeal to the Court of Appeal. The GFSC obtained leave to appeal on the basis of a series of assertions that LB Marshall KC erred in misapplying Guernsey's anti-money laundering regime; in making findings on probity and prohibition orders and in her approach to the assessment of financial penalties.
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Aug 8, 2023 | 
lexology.com | Sarah Brehaut |Adam Cole |David C. Cooney |Chris Hutley-Hurst |Rupert Morris |Alison Ozanne | +3 more
In our recent article (available here) we considered the findings of LB Marshall KC in Domaille, Clarke & Hannis (together the "Respondents") and the Guernsey Financial Services Commission (the "Royal Court Judgment"). In the Royal Court Judgment, LB Marshall KC allowed an appeal brought by the Respondents against sanctions imposed upon them by a Senior Decision Maker (“SDM”) appointed by the Guernsey Financial Services Commission ("GFSC").
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Jul 24, 2023 | 
mondaq.com | Sarah Brehaut |Adam Cole |Alison Ozanne |Jamie Bookless
The recent decision of the Royal Court of Guernsey (the
"Royal Court") in Domaille, Clarke and
Hannis v Guernsey Financial Services Commission (available here)
involved an appeal against sanctions imposed by the Guernsey
Financial Services Commission ("GFSC")
on three individuals (the "Appellants")
in their capacity as directors and managers of a fiduciary services
company (the "Decision").
