GFSC granted leave to appeal [3rd August 2023] RE Domaille, Clarke & Hannis
03/08/2023
The GFSC has been granted leave to appeal the judgment of LB Marshall KC in the case of Domaille, Clarke & Hannis and the Guernsey Financial Services GFSC.
A copy of the judgment is available on the Guernsey Legal Resources website. https://www.guernseylegalresources.gg/CHttpHandler.ashx?documentid=84572
After careful consideration, the GFSC decided to appeal the decision of LB Marshall KC because some of the reasoning and interpretation of the law contained in her judgment does not align with our understanding of our statutory duties and powers - as endorsed by the Royal Court and Guernsey Court of Appeal in prior judgments concerning appeals against our enforcement actions.
We look forward to the result of the appeal providing us and those we regulate with greater clarity.
On 28th July 2023, Helen Mountfield JA, sitting as a single judge of the Guernsey Court of Appeal, determined, amongst other considerations, that: there was
- "an important question of law in the context of a regulatory regime affecting a large number of licensed bodies in an important sector of the Guernsey economy" and so concluded that it was proper to grant the GFSC leave to appeal LB Marshall KC's judgment to the Guernsey Court of Appeal, noting, "I consider the appeal raises issues which there is a public interest in being determined at appellate level, and I consider it has reasonable prospects of success."
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.