GUERNSEY Law and Practice Contributed by: Elaine Gray and Steven Balmer, Carey Olsen
The Magistrate’s Court of Guernsey The Magistrate’s Court was established under a 1954 Law and is presided over by a full-time judiciary. Almost all criminal cases start in the Magistrate’s Court, with the more serious cases being reserved for or remitted to the Royal Court. The Magistrate’s Court also deals with civil mat- ters where the sum in dispute does not exceed GBP10,000, commonly known as Petty Debts cases. The Magistrate’s Court also has jurisdic- tion over certain domestic proceedings and is responsible for conducting inquests. The Royal Court of Guernsey The Royal Court sits in three main divisions: • Full Court (civil and criminal matters); • Ordinary Court; and • Matrimonial Causes Division. Most commercial matters and the majority of the Royal Court’s business are listed before the Royal Court sitting as an Ordinary Court. Many appeals under statutory provisions lie, to the Royal Court sitting in Ordinary Court and the Ordinary Court also hears appeals in civil mat- ters from the courts in Alderney and Sark. The Ordinary Court is normally constituted by a single judge and a minimum of three jurats. Jurats are permanent, elected lay members of the court whose role is to determine questions of fact. Parties can elect for the judge to sit alone, without jurats. Procedural and interlocutory mat- ters are usually heard by a judge sitting alone. The typical life cycle of a straightforward case would be around 12-18 months, starting from the date of proceedings being commenced to the stage of trial. Defences are filed within 28 days of commencement, although this can be extended by up to three months, with the par-
ties’ consent. Generally, there will then be a case management conference to agree further direc- tions, including, where appropriate, identifying a trial date. There is the ability for parties to file repliques and dupliques (replies to the defences by the plaintiff and a subsequent response by the defendant) in addition to the parties provid- ing standard disclosure and filing any evidence on which they seek to rely, either in the form of witness statements or affidavit evidence. Naturally, the timeline of a case varies greatly depending on the type of case, the number of parties involved and the complexity of the issues, with more complex cases often taking upwards of two years before reaching trial. The Court of Appeal sits at regular intervals and appeals tend to be concluded within 6-12 months of the notice of appeal being filed. Guernsey Court of Appeal An appeal from a final decision of the Royal Court of Guernsey will generally lie, to the Guernsey Court of Appeal. An automatic right of appeal is available except where the sums involved are under GBP200, or the appeal relates to a con- sent order or an interlocutory order (in which cases leave to appeal will be required). Judicial Committee of the Privy Council Following an amendment in 2022, there is no automatic right of appeal; rather, an appeal may lie, from the Guernsey Court of Appeal to the Judicial Committee of the Privy Council, sub- ject to obtaining leave from either the Court of Appeal or the Privy Council. The Guernsey Probate Registry The Guernsey Probate Registry deals with mat- ters of probate and estates; previous proposals to amalgamate its functions into the Royal Court
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