GIBRALTAR Law and Practice Contributed by: Emma Lejeune, Stuart Dalmedo, Nicholas Isola, James Castle and Louise Anne Turnock, ISOLAS LLP
ISOLAS 23 Portland House Glacis Road GX11 1AA Gibraltar
Tel: +350 2000 1892 Fax: +350 2007 8990 Email: emma.lejeune@isolas.gi stuart.dalmedo@isolas.gi Web: www.gibraltarlawyers.com
1. Legal System 1.1 Legal System and Judicial Order 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 authority in Gibraltar. Gibraltar has its own government and parlia - ment 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 parliament. 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 appellate 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 from that court are to the Privy Council, which sits in London.
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