GFSC was successful in the Guernsey Court of Appeal in the case of John Robilliard
24/08/2023
On 22 August 2023, the Guernsey Court of Appeal handed down its judgment in the case of John Adam Robilliard and the Guernsey Financial Services Commission Chairman.
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 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 are in the public statement dated 24 August 2023 and summarised here
- GFSC imposed a financial penalty of £40,000 under section 11D of the Financial Services Commission Law on Mr Robilliard;
- prohibiting Mr. Robilliard from holding the position of director, controller, partner, or manager for six years;
- Read the complete statement here
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.
Sources
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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.