GIBRALTAR Law and Practice Contributed by: Emma Lejeune, Stuart Dalmedo, Nicholas Isola, James Castle and Louise Anne Turnock, ISOLAS LLP
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 amended from time to time, apply in Gibraltar, with such modification as the cir - cumstances may require. The Supreme Court Rules 2000 supplement these procedural 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 “jurisdictions”, 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 jurisdictions include the following: • family jurisdiction – non-contentious probate, divorce and matrimonial proceedings, and child proceedings; • civil jurisdiction – contract and tort, commer - cial matters, and constitutional, public and administrative law matters; • appellate jurisdiction – the Supreme Court will hear appeals from certain tribunals as well as the Magistrates’ Court; • admiralty jurisdiction – ship arrests and gen - eral admiralty matters; • ordinary jurisdiction and company jurisdic - tion (Chancery equivalent) – equity and trusts, contentious probate, bankruptcy and insol - vency, company matters; • miscellaneous jurisdiction – landlord and tenant, mutual legal assistance, administrator general, deed polls, admissions to the Gibral - tar Bar; and • Court of Protection – jurisdiction over the property, financial affairs and personal welfare
of people who lack mental capacity to make decisions for themselves. Criminal Proceedings The Criminal Procedure and Evidence Act 2011 prescribes the applicable procedure in the Mag - istrates’ Court and Supreme Court when they exercise criminal jurisdiction. Together with the Crimes Act 2011, these acts brought about sig - nificant changes to the criminal justice system in Gibraltar, effectively creating a modern criminal code for Gibraltar. From a business perspective, corporate manslaughter prosecutions are also possible, with extension of this offence beyond corporations to the police, trade unions, partner - ships and employers’ associations. All criminal proceedings commence in the Mag - istrates’ Court, with the more serious (indictable) offences being sent to the Supreme Court, either for jury trial or sentencing. Lawyers Most lawyers are England and Wales-qualified barristers or solicitors, with a minority of Euro - pean lawyers. Qualification for call to the Bar in Gibraltar is via a separate procedure to qualifica - tion in the UK, and it is possible for UK-qualified solicitors to be called to the Gibraltar Bar. There is a practical training requirement before admis - sion to the Gibraltar Bar, consisting of a period of 12 months’ employment at an approved estab - lishment, together with an approved academic course in Gibraltar law. In certain cases, the Chief Justice may waive one or more of these requirements – for example, when an English barrister is instructed to act as an advocate on a particular case or cases. Gibraltar enjoys what is termed a “fused pro - fession”, whereby both barristers and solicitors called to the Gibraltar Bar enjoy rights of audi -
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