Enforcement

The Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020 (“the Enforcement Powers Law”) The Protection of Investors (Bailiwick of Guernsey) Law, 2020 (“the 2020 POI Law”) The Protection of Investors (Bailiwick of Guernsey) Law, 1987 (“the 1987 POI Law”) The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick of Guernsey) Law...

The Commission welcomes this judgment from the Guernsey Court of Appeal which affirms the Commission’s processes were applied properly in this matter (§ 71, § 190) and our important role in combatting financial crime in the jurisdiction (§ 67). In determining that the decision of the Royal Court could not stand (§ 193), we were obviously pleased that the Court of Appeal found in our favour in...

On 24 October 2023, the Royal Court handed down a judgment in relation to a Commission matter, which was brought by the appellant s who applied for a stay order in relation to sanctions the Commission planned to impose. The Commission’s action in seeking to oppose this application marks an unusual exception to, rather than a change in, our more habitual approach of being prepared to entertain...

On the 26th day of September 2023, the Commission imposed a discretionary financial penalty as follows: Mrs Linda Dowding (“Mrs Dowding”) a financial penalty of £40,000. Further, on the above date, the Commission imposed a prohibition as follows: Mrs Dowding is prohibited from holding the position of shareholder, controller, director, partner, manager, money laundering reporting officer and money...

On 22 August 2023, the Guernsey Court of Appeal handed down its judgment in the case of John Adam Robilliard and the Chairman of the Guernsey Financial Services Commission. 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...

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 three individuals by one of the Commission’s Senior Decision Makers. The Deputy Bailiff found that the sanctions imposed on the three individuals were within...

On the 4th day of August 2023, the Commission imposed a discretionary financial penalty as follows: Mr Paul Conway (“Mr Conway”) a financial penalty of £30,000. Further, on the above date, the Commission imposed a prohibition as follows: Mr Conway is prohibited from holding the position of shareholder, controller, director, partner, manager, money laundering reporting officer and money laundering...

The Commission has been granted leave to appeal the judgment of LB Marshall KC in the case of Domaille, Clarke & Hannis and the Guernsey Financial Services Commission. A copy of the judgment is available on the Guernsey Legal Resources website. After careful consideration, the Commission decided to appeal the decision of LB Marshall KC because some of the reasoning and interpretation of the law...