GUERNSEY Law and Practice Contributed by: Elaine Gray and Steven Balmer, Carey Olsen
Carey Olsen Carey House Les Banques St Peter Port Guernsey GY1 4BZ Channel Islands
Tel: +44 1481 727272 Fax: +44 1481 711052 Email: guernsey@careyolsen.com Web: www.careyolsen.com
1. General 1.1 General Characteristics of the Legal System The Bailiwick of Guernsey is a British Crown dependency. It is made up of three separate legal systems: Guernsey (together with some smaller islands), Alderney and Sark. Each island has its own laws, court system and rules, although a significant proportion of laws are passed on a Bailiwick-wide basis. Sources of Law The Bailiwick is a mixed law jurisdiction, com- bining civil law traditions from its time under Norman French rule with elements of English common law stemming from the influence of the British Crown post-1066. Various Royal Charters through the centuries have confirmed the Baili- wick’s right to self-determination. As a result, although the British Crown asserts a residual right to interfere in order to maintain good gov- ernance, in real terms the Bailiwick largely oper- ates as an independent self-governing territory. All three jurisdictions have their own directly elected legislative assembly, legal systems and courts of law.
Norman customary law remains influential in pri- vate law rights such as inheritance, succession and property law and, albeit to a lesser extent, in contract and tort law. Commercial law is heavily influenced by UK legislation although regard will still be had to French contract law. The Baili- wick’s legal regime can therefore be said to be a fusion between the civil and common law sys- tems. Procedure Guernsey’s system of courts and tribunals is adversarial in nature, with cases being dealt with by written and oral submissions. In civil matters, the main provisions regulating proce- dure are found in the Royal Court Civil Rules, 2007 (as amended). Although these draw on the rules of procedure applicable in England and Wales, there are important differences specific to Guernsey. 1.2 Court System As noted, the Bailiwick of Guernsey comprises three distinct jurisdictions: Guernsey, Alderney, and Sark. In this chapter, the focus will be on the civil courts and system of Guernsey.
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