The Guernsey Financial Services Commission and (1) Ian Charles Domaille (2) Margaret Helen Hannis [2024] GCA 037

Summary

This is a Court of Appeal of Guernsey decision refusing leave to appeal to the Privy Council in a dispute between the GFSC and two individuals, Ian Domaille and Margaret Hannis, arising from an earlier enforcement case under the Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law 2020. The Court had earlier upheld the GFSC's appeal against a Royal Court decision that had quashed financial penalties and Prohibition Orders imposed on the Applicants, and remitted the sanctions decision to the GFSC for a fresh Senior Decision Maker to reconsider.

• Leave to appeal refused: The Court considered six grounds of appeal (covering the scope of section 106 EP Law appeals, treatment of absence of actual harm as mitigation, the test for want of probity and prohibition orders, retrospectivity and separate legal personality issues, and disposal of the appeal) and found none raised an arguable point of law of general public importance, refusing leave on every ground.
• Stay of execution granted: Although leave to appeal was refused, the Court granted a stay of execution of its earlier order for 28 days from the date of publication of this decision, to remain in force pending final determination of any timely application to the Privy Council for leave to appeal made within that period.
• Effect: Because leave to appeal is refused, the remitted process before a newly appointed Senior Decision Maker to retake the sanctions decision against the Applicants can proceed once the stay lapses (or after any Privy Council application is finally determined).

This is a judicial decision rather than a rule, guidance note or policy statement, so it does not create ongoing compliance obligations for the wider regulated population; its practical effect is confined to the parties to this case and to the interpretation of the EP Law's appeal and sanctions provisions.

Key obligations

• The Applicants (Ian Domaille and Margaret Hannis) must make any application for leave to appeal to the Privy Council within 28 days of publication of this decision for the stay of execution to continue in force
• Following expiry or resolution of the stay, the GFSC must appoint a new Senior Decision Maker (not Mr Finch) to retake the sanctions decision in accordance with the Court of Appeal's earlier judgment

Applies to

individuals subject to GFSC enforcement action, licensed entities and their directors/shareholders under the Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law 2020

Deadlines

• 28 days from the day this decision is published: Stay of execution of the Court of Appeal's order granted for this period in the first instance; if a timely application for leave to appeal is made to the Privy Council within it, the stay continues until that application or any appeal is finally determined