Sandra Duerden

Sandra Duerden

Partner | Guernsey

Iona Mitchell

Iona Mitchell

Guernsey

Security in security - court dismisses challenge to Guernsey Saisie procedure in landmark judgment

10 October 2018

In a landmark judgment, the Royal Court held that the Saisie procedure rooted in Guernsey customary law did not infringe an individual debtor's human right to property.

The decision in HSBC Bank plc v Doyle considers the legality of the method by which a creditor enforces a judgment debt against a debtor's real property in Guernsey.

The debtor claimed that the procedure, unique to Guernsey law, breached several human rights.

Mourant Ozannes successfully defended this challenge on behalf of the judgment creditor.

 

Sandra Duerden

Sandra Duerden

Partner | Guernsey

Iona Mitchell

Iona Mitchell

Guernsey

About Mourant

Mourant is a law firm-led, professional services business with over 60 years' experience in the financial services sector. We advise on the laws of the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and Luxembourg and provide specialist entity management, governance, regulatory and consulting services.

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