This authority has more recently been followed and applied in the decisions of this Court in Morton -v- paint (9th February 1996; 21 GLJ p.36) and Walters -v- States Housing Authority (23rd July 1997).

The decision of both the Jersey and the Guernsey Courts of Appeal were based upon their construction of the respective appeal laws in the two Islands, which laws were in the same terms so far as affects these issues.

In both Laws, in the respective Parts II and III, reference is made in the headings to "civil matters" and "criminal matters", and the approach taken in the appellat Courts in both Jersey and Guernsey has been to determine whether the matter in question in the appeal fell into the one or the other catergory. The relevant provisions in the Guernsey Appeal Law of 1961 read as follows:-

"PART II

Appeal in Civil Matters.

13.

(1) On such day as shall be appointed in that behalf by Ordinance of States there shall be vested in the Court of Appeal the appellate jurisdiction in civil matters which immediately before that day was vested in the Royal Court, sitting as a "Cour des Jugements et Records".

(2) Any civil matter pending in the Royal Court, sitting as a Cour des Jugements et Records" immediatley before the day appointed under subsection (i) of this section shall on such day be transferred to the Court of Appeal and, subject to such directions as the Court of Appeal may think fit to give in relation thereto, proceedings thereon shall be continued as if the matter had originated in and the previous proceedings had been taken in the Court of Appeal.

14. For all the purposes of and incidental to the hearing and determination of any appeal and the amendment , execution and enforcement of any judgment or order made thereon, the Court of Appeal shall have all the power, authority and jurisdiction which vested in the Royal Court sitting as a "Cour des Jugements et Records" and shall have power, if it appears to the Court of Appeal that a new trial ought to be had, to order, if it thinks fit, that the verdict and judgement be set aside and that a new trial be had.