GUERNSEY Law and Practice Contributed by: Elaine Gray and Steven Balmer, Carey Olsen
Although there is no specific provision dictating how an application to strike out should be progressed, in practice an application under Rule 52 should be sup- ported by an affidavit outlining the abuse of process or failure to comply that is relied on. The relevant test for strike out and summary judgment is well-established in Guernsey, and the court has again recently noted the high hurdle faced by such an application. 4.3 Dispositive Motions The most common dispositive applications are for summary judgment or to have the claim (or part of the claim) struck out (see 4.2 Early Judgment Applica- tions). The court may also be willing to have a trial of a preliminary issue (effectively a form of summary judg- ment) where this would dispose of all or a substantial part of a case. 4.4 Requirements for Interested Parties to Join a Lawsuit Intervention Where a third party considers that they are a neces- sary or proper party to proceedings, they may apply to intervene in the proceedings. The court will only permit a person to intervene where satisfied that they are indeed a necessary or proper party. For example, where a beneficiary’s interests are represented by a trustee, the court may refuse an application for join- der by a beneficiary unless the beneficiary can point to some other factor justifying their separate involve- ment. Joinder Where a defendant considers that a person who is not a party is liable to make a contribution or indemnify them, they may apply to join that person to the pro- ceedings (Royal Court Civil Rules, Rule 36). Joinder may also be permitted where a defend- ant considers that they are entitled, against such a person, to claim a relief or remedy connected to the original subject matter of the proceedings, or which is substantially the same as that which the plaintiff is claiming. Finally, the defendant may seek joinder where there is a question or issue connected with the original sub- ject matter of the proceedings which they consider
should be determined not only between the plaintiff and defendant but also between either or both of them and a person who is not a party. Joinder applications are initiated by summons. Where granted, the court will make “such order as it thinks just” in relation to, inter alia, the filing of pleadings and disclosure. Once added as a third party, a person is a party to the action as though they were an original defendant. It should be noted that the Court of Appeal has the same power to join parties to an appeal for the purpose of allowing them to be heard. 4.5 Applications for Security for Defendant’s Costs The court has a broad discretion to make an order against a party that they should provide security for costs “in such amount, on such terms and in such manner” (Royal Court Civil Rules, Rule 82). Accordingly, the court may order security to be pro- vided on a full or partial indemnity basis, where sat- isfied that it is appropriate to do so. Generally, the method of giving security is left to the parties and it is common for a bank guarantee to be given to cover the security ordered. Where an order for security is made, the court may stay the proceedings unless and until the security is provided; should the party required to give security not then do so, the court may dismiss the proceed- ings. 4.6 Costs of Interim Applications/Motions There are no specific costs rules in respect of inter- im applications. The court has an overall discretion to make costs orders as it thinks just, in relation to the costs of the proceedings or any stage thereof or indeed of any specific application (Royal Court Civil Rules, Rule 82 (1)(a)). 4.7 Application/Motion Timeframe The overriding objective of Guernsey’s Rules requires cases to be dealt with expeditiously. Guernsey’s courts are extremely responsive and willing to sit as required to accommodate civil business, including on an urgent basis.
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