GUERNSEY Law and Practice Contributed by: Elaine Gray and Steven Balmer, Carey Olsen
3.5 Rules of Service Different arrangements for service of proceedings will apply, depending on whether service is to happen within or outside Guernsey. Within Guernsey Different provisions apply for service on an individu- al, body corporate or partnership and the States of Guernsey. Service is done through the offices of His Majesty’s Sergeant. There are three types of service and the Sergeant’s report will confirm which type of service has been effected in their report (called a rela- tion). “A” service means the cause has been served personally on the defendant, “B” service means the cause has been left at the defendant’s home address, and “C” service is for all other types of service. Where A or B service is achieved, the case can pro- ceed in all respects. In contrast, C service allows the case to be tabled before the court but the court will only permit the case to proceed if the court is satisfied that the defendant has had notice of the cause or the defendant appears. In appropriate cases, the court may also grant permission for substituted service within Guernsey, for example by advertisement, email or otherwise, where it thinks it just to do so (Royal Court Civil Rules, Rule 7). Outside Guernsey The court may grant permission to serve a document out of the jurisdiction where it is satisfied that the mat- ter to which the document relates is properly justicia- ble before the court and is a proper one for service out of the jurisdiction (Royal Court Civil Rules, Rule 8). Permission is obtained by applying for leave to serve out of the jurisdiction. The application should be sup- ported by affidavit evidence explaining why the mat- ter is a proper one for permission to be granted, for example identifying any exclusive jurisdiction cause. The order for service out must identify the form, man- ner and time in which – and any conditions subject to which – service is to be effected, as well as the minimum period before the matter comes back to the court. Recent case law in Guernsey has clarified the exceptional circumstances in which service “in some other manner” (ie, beyond the prescribed methods in
Where an entity or person is not resident in Guernsey, the Guernsey courts may still exercise jurisdiction in certain cases. In broad terms, the Guernsey courts will do so and will grant permission to serve proceedings outside the jurisdiction, where satisfied that the case is a suitable one to exercise the court’s discretion in this way (Royal Court Civil Rules, Rule 6). In determining an application for permission to serve out, the Guernsey courts will broadly apply the same principles as apply in England and Wales under the Civil Procedure Rules and look to English case law for guidance, as well as Practice Direction 6B issued under those Rules. Noting the recent addition of PD 6B 3.1 (25) in England and Wales, it is expected that the Royal Court may well adopt this additional gate- way in due course, on the basis that the principle of Bankers’ Trust jurisdiction already exists as a matter of Guernsey law. 3.4 Initial Complaint The initial complaint is set out in a “cause”. The cause must contain three elements: • the material facts relied on (but not the evidence used to establish those facts, which will follow in due course); • the relief sought by the plaintiff, including any dam- ages; and • the plaintiff’s address for service (known as the election de domicile). Once the plaintiff has settled the terms of the cause, it is attached to a summons which is then served on the defendant with a date for the defendant to appear in court to indicate whether or not the cause is to be defended. The plaintiff then files (“tables”) the cause before the court, to be heard on that date. The plaintiff may amend the cause at any time, pro- vided the other parties and/or the court agree to this. As the case proceeds towards key procedural mile- stones, it becomes more difficult to satisfy the court that it is appropriate or just for the amendment to be permitted, especially if there are any prescription issues. However, in general the court will permit an amendment if any prejudice to the other party can be compensated for in costs.
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