Litigation & Dispute Resolution - Appleby

Guernsey
Jeremy Le Tissier & Adam Cole
Appleby
Efficiency/integrity
Whilst much of Guernsey’s Royal Court procedure is generally based on principles which are similar
to those adopted in England, it is important to note that Guernsey is a separate jurisdiction with its
own specific laws and rules. Guernsey Royal Court procedure is an adversarial process which takes
place before a single judge 1 . The judge determines all issues of procedure and law, whilst issues of
fact are usually determined by Jurats 2 who will sit with the judge. However, in certain circumstances
issues of fact may also be determined by the judge alone. Only Guernsey Advocates are permitted
rights of audience before the Royal Court.
The Royal Court in Guernsey has unlimited jurisdiction in both civil and criminal disputes. The
Magistrate’s Court has jurisdiction to determine more minor criminal matters and civil disputes of
under £10,000.
In respect of civil disputes, the Guernsey Courts have seen an increase in work over the past years
but Court accommodation has also been increased, particularly with a major extension to the Royal
Court buildings in 2005, in order to provide increased capacity for the increased levels of work. In
addition to the judges based in Guernsey, there are also a number of part-time judges who are either
senior English lawyers or members (or former members) of the English judiciary who sit to determine
matters in the Royal Court. A Guernsey judge (whether full time or part time) will not customarily
undertake any Guernsey legal or quasi-legal work save in their official capacity. Where a member of
the Guernsey judiciary perceives that they have a conflict or potential conflict of interest in a matter
to be determined he/she may voluntarily recuse themselves or any of the parties to the litigation may
apply to recuse the judge.
The Guernsey Royal Court is aware of and actively encourages alternate forms of dispute resolution.
Arbitration in Guernsey is governed by the Arbitration (Guernsey) Law, 1982 which provides for,
among other things, the stay of Royal Court proceedings in favour of arbitration. Mediation is another
frequently used method of alternative dispute resolution with both locally based mediators and
mediators from other jurisdictions being used regularly. Other forms of alternate dispute resolution
used include determinations by independent expert and adjudication. Guernsey also has statutory
tribunals for the determination of certain types of dispute, such as the Employment and Discrimination
Tribunal.
Enforcement of judgments/awards
Foreign judgments may be enforced in Guernsey in one of two different manners, either under The
Judgments (Reciprocal Enforcement) (Guernsey) Law, 1957 or at common law.
In order for a foreign judgment to be enforced under the Judgments (Reciprocal Enforcement)
(Guernsey) Law, 1957 the judgment must have been obtained from a superior Court of the following
countries: England and Wales; Scotland; Northern Ireland; the Isle of Man; Israel; the Netherlands;
the Netherlands Antilles; the Republic of Italy; Surinam; or Jersey. Where a judgment is from a Court
other than those set out above, the judgment must be enforced at common law.
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