GFSC and WEIGHBRIDGE TRUST LIMITED - The GFSC has been granted leave to appeal
14/05/2025
In the Guernsey Court of Appeal (Civil Division) - Court of Appeal Case No: 595 - 12 May 2025, Between the GUERNSEY FINANCIAL SERVICES COMMISSION [Appellant] and WEIGHBRIDGE TRUST LIMITED [Respondent], The Commission has been granted leave to appeal the judgment of LB Marshall KC in the case of the Guernsey Financial Services Commission and Weighbridge Trust Limited.
After careful consideration, the Commission decided to appeal LB Marshall KC's decision, as it contained novel interpretations of some aspects of the Bailiwick’s regulatory laws.
On 12 May 2025, Rt Hon James Wolffe KC, sitting as a single judge of the Guernsey Court of Appeal, granted leave to appeal on all of the grounds put forward by the Commission.
The focus of the appeal before the Lieutenant Bailiff was on whether, considering the historical misconduct (all of which predated the change in management and control), the Appellant was justified in deciding to issue a public statement directed against the Respondent itself, and, if so, whether it was justifiable to issue a statement in the terms which the Appellant proposed.
The Respondent’s position was that issuing a public statement (or at least a public statement identifying the Respondent) would inevitably damage its reputation and that this would, in the circumstances, involve an error of law and/or would be unreasonable and/or disproportionate.
The Respondent’s alternative position was that it was an error of law and/or unreasonable and/or disproportionate for the proposed statement not to clearly identify the actual perpetrators of the misconduct to differentiate this from the acts and conduct of the present management of the Respondent.
The Lieutenant Bailiff concluded that the decision to issue a public statement was “unreasonable”, that being one of the statutory grounds of appeal under section 106.
READ MORE HERE:- THE renewed application for leave to appeal against a decision of the Lieutenant Bailiff handed down on 21 November 2024. Application to appeal allowed. https://www.guernseylegalresources.gg/CHttpHandler.ashx?documentid=87293
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