GFSC granted leave to appeal [3rd August 2023] RE Domaille, Clarke & Hannis
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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