|
|
| |
 |
 |
 |
 |
This note sets out information on the workings of the Guernsey Financial Services Tribunal.
Procedure at hearings of the Tribunal
On receiving notice of a matter which falls within the Tribunal's jurisdiction, the President convenes a hearing of the Tribunal. At the hearing the President presides but is assisted by two of the other members of the Tribunal.
The proceedings before the Tribunal are informal. Each party has an opportunity to present its case in full. At the hearing the parties present their submissions and evidence (including the evidence of witnesses who can give relevant evidence) and the Tribunal will have the opportunity to ask questions (including the opportunity to cross examine witnesses).
The customary sequence of events at the hearing is that the representative of the Guernsey Financial Services Commission ("GFSC") who is presenting the case on behalf of the GFSC outlines the facts, the GFSC's evidence and the decision of the GFSC to which the Tribunal hearing relates. The applicant then puts its case and evidence. After each case is presented, questions may be asked or comments may be made by the other party and the Tribunal. Finally, the parties may make any closing remarks they wish. The applicant will normally have the opportunity to speak last.
Every matter on which the Tribunal is asked for its opinion is decided by the majority of the members sitting. If the members sitting are equally divided on the matter, then the opinion of the President prevails. The Tribunal can deliver its opinion either orally, by publication in writing or by a combination of both methods.
A list of the Tribunal members who will sit at a hearing of the Tribunal will be sent to the parties to the hearing in advance of the hearing. Either party may, if it considers there to be a conflict of interest or any other reason why a Tribunal member should not participate, have the opportunity to make representations in this respect.
Representation
Parties to hearings of the Tribunal may be legally represented if they so wish.
Costs
The Tribunal as at present constituted has no power to award costs to be paid out of public funds or by the other side, and each party must therefore expect to take responsibility for its own costs of preparing for and attending hearings of the Tribunal.
Records
The Tribunal's practice is to make a tape recording of the hearing for its own use and its deliberations. Any party to proceedings may request a copy of any relevant tape. A reasonable charge may be levied in respect of the provision of this. Any tapes in the possession of the Tribunal will be destroyed in due course.
Confidentiality and evidence
In the absence of any contrary application by one of the prospective parties to a hearing before the Tribunal, or of a direction by the Chairman of the Tribunal, proceedings of the Tribunal are held in public. Where, exceptionally, the proceedings, or any part of them, are conducted in private, the confidentiality of private information which is provided for the purposes of the hearing will be respected by all, including in the Tribunal's decision. For example, none of the parties should, without the consent of the Tribunal, disclose any confidential details of the proceedings to the media. Parties to a hearing must ensure that any information provided to the Tribunal by themselves or another party which they then or subsequently believe to be inaccurate or incomplete should be corrected as soon as possible, ideally at the outset of the hearing.
A request may be made to the Tribunal that a hearing be held in private. Any such request will be considered and ruled upon by the Chairman, (or, at the discretion of the Chairman, by the Tribunal itself) who may invite representations in relation to such a request from the other party before coming to a decision as to whether there are reasons why the hearing should not be held in public.
Parties to a hearing should be aware that, unless the Chairman or the Tribunal (as appropriate) accedes to a request that the hearing be held in private, all submissions filed in connection with the hearing, and evidence and submissions taken during the hearing, may be in the public domain.
Procedural matters
It is open to any party at any time prior to or during the course of a hearing to apply to the Chairman for a procedural direction. However, so far as is possible, advance notice of any such application should be given to all concerned (including the Tribunal) and agreement sought informally between the parties.
Questions and comments
Any questions or comments relating to this note should be addressed to the Secretary to the Tribunal.
Back
|
 |
 |
 |
 |
|
|
|
