Alan Michael Chick and The Guernsey Financial Services Commission

On 12 June 2020, the Royal Court found in favour of the Commission’s application to have the above matter struck out.  Mr Chick had brought a claim, against the Commission, that the enforcement proceedings which were found against him on 31 May 2018 amounted to a breach of his human rights. 

The matter was struck out for having no basis in law.

This ruling provides clarification on the position of the Commission’s enforcement procedure and the classification of the Commission’s regulatory offences under the Human Rights framework within the Bailiwick.  Firstly, it confirms that the Commission’s enforcement procedure, by way of the right of appeal to the Royal Court, is compliant with Article 6 – The Right to a Fair Trial.  Secondly, it confirms that the regulatory offences, pursued by the Commission’s Enforcement Division, are to be regarded as regulatory matters and do not fall under the definition of criminal offences.

The Commission is grateful to the Court for the confirmation provided with regards to these matters.