Guernsey - x3 appellants appeal a decision of the GFSC [X, Y, Z and the GFSC]
10/08/2023
X, Y, Z and the Guernsey Financial Services Commission
The following is about an Appeal, by x3 appellants, against the decision of the Senior Decision Maker [SDM] on behalf of the Guernsey Financial Services Commission.
Following publication by the Royal Court, we are making available the anonymised judgment of the Deputy Bailiff in X, Y and Z and the Guernsey Financial Services Commission.
The Deputy Bailiff
- heard an appeal against the sanctions imposed on X3 individuals by one of the Commission's SDMs
- Found the sanctions imposed on the three individuals were within the reasonable responses to the wrongdoing identified and were proportionate to the circumstances.
This judgment of the Deputy Bailiff is the subject of an appeal by a party other than the Commission to the Guernsey Court of Appeal.
The Deputy Bailiff said in [273]
- For the reasons I have given, all of the appeals against the decision are dismissed
- save that X's appeal is allowed to the limited extent of the two successful challenges to the public statement.
- Any applications arising from this judgment are to be lodged within 28 days of the formal handing down of this judgment.
The First Appellant, X, submits that the whole process was flawed because the SDM is an Officer of the GFSC and thus sits as a judge in his own cause in breach of the rules of natural justice.
Once the result of that appeal to the Guernsey Court of Appeal becomes known, the Commission plans to issue a further statement on the case, taking into account the verdict of the Court of Appeal.
SOURCE
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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.