Market Intelligence

Recent Court of Appeal decisions in Guernsey have exposed fundamental concerns about the independence and fairness of the regulatory enforcement process used by the Guernsey Financial Services Commission. Three landmark cases reveal systemic issues with how career-ending sanctions are determined, raising questions about whether the current system meets basic standards of natural justice and whether it remains fit for purpose in a leading international finance centre.

Interim freezing injunctions serve as a critical mechanism in Guernsey for preventing respondents from dissipating or transferring assets during legal proceedings. The Royal Court's flexible approach to granting these orders, whether in support of domestic or international proceedings, demonstrates Guernsey's commitment to maintaining its reputation as a reputable international financial centre while balancing the rights of both applicants and respondents.

Guernsey has evolved sophisticated legal frameworks to combat fraud and recover assets, drawing on centuries of judicial stability while adapting to modern challenges. This comprehensive analysis examines the civil remedies, criminal enforcement powers, and cross-jurisdictional mechanisms available to victims seeking to trace and recover fraudulent proceeds through Guernsey's courts and regulatory systems.

Arbitration rewards procedural vigilance. A party that believes a tribunal lacks jurisdiction usually cannot stay silent, contest the merits, and only later invoke the objection if the case turns unfavourable.

By a judgment dated 23 December 2025 (available here) (the Judgment), the Royal Court of Guernsey has dismissed an appeal brought by AFR Advocates (AFR)...

Briefing Summary:The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials...