GIBRALTAR Law and Practice Contributed by: Emma Lejeune, Stuart Dalmedo, Adrian Pilcher, Nicholas Isola, Danielle Victor, James Castle, Louise Anne Turnock and Danielle Curtis, ISOLAS LLP
1. Legal System 1.1 Legal System and Judicial Order
from that court are to the Privy Council, which sits in London. Civil Proceedings Under Section 38A of the Supreme Court Act 1960, the Civil Procedure Rules (CPR) made under the Civil Procedure Act 1997 in England and Wales, as amend - ed from time to time, apply in Gibraltar, with such modification as the circumstances may require. The Supreme Court Rules 2000 supplement these proce - dural rules, providing further requirements in terms of, inter alia, interpretation, court records, fees and costs and prescribed forms. Civil proceedings can be split into a variety of “juris - dictions”, but most are handled in the Supreme Court, with the Magistrates’ Court hearing only a limited range of civil matters (eg, the Stipendiary Magistrate holds the office of the coroner in the UK). These juris - dictions include the following: • family jurisdiction – non-contentious probate, divorce and matrimonial proceedings, and child proceedings; • civil jurisdiction – contract and tort, commercial matters, and constitutional, public and administra - tive law matters; • appellate jurisdiction – the Supreme Court will hear appeals from certain tribunals as well as the Magis - trates’ Court; • admiralty jurisdiction – ship arrests and general admiralty matters; • ordinary jurisdiction and company jurisdiction (Chancery equivalent) – equity and trusts, conten - tious probate, bankruptcy and insolvency, com - pany matters; • miscellaneous jurisdiction – landlord and tenant, mutual legal assistance, administrator general, deed polls, admissions to the Gibraltar Bar; and • Court of Protection – jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for them - selves. Criminal Proceedings The Criminal Procedure and Evidence Act 2011 pre - scribes the applicable procedure in the Magistrates’ Court and Supreme Court when they exercise criminal
Gibraltar is a British overseas territory with a culture that emanates from the UK. Its laws are based on English law (common law system) and although its jurisprudence is largely home-grown, English and Commonwealth judicial precedent and rules of equity, although not strictly binding, are of persuasive author - ity in Gibraltar. Gibraltar has its own government and parliament that are responsible for domestic affairs, while its foreign affairs are handled by the UK. It has its own written constitution, and statutes are enacted by its parlia - ment. Certain English acts are applied, either in whole or in part, in the following ways: • by express reference to the schedule of the English Law (Application) Act, 1962; • by Order of Her Majesty in Council; • as expressed in the English act itself or in any other act; and • by necessary implication. Court Structure While similar to the court structure in England and Wales, there are notable differences in Gibraltar. This includes the absence of a High Court, Crown Court and County Courts, with Gibraltar’s Supreme Court having jurisdiction over both criminal and civil matters. Gibraltar’s Supreme Court handles matters that would fall under the UK High Court’s Chancery, King’s Bench and Family Divisions, as well as serving as an appel - late function from the Magistrates’ Court. Judiciary Judges and magistrates are appointed locally, with a parallel system of lay assessors in the Magistrates’ Court, as seen in England and Wales. The judiciary is independent from the government of Gibraltar and politically impartial. Appeals from the Supreme Court are made to the Court of Appeal, which sits at periodic intervals and is presided over mostly by English judges. Appeals
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