GUERNSEY Law and Practice Contributed by: Elaine Gray and Steven Balmer, Carey Olsen
limits of the doctrine have not yet been fully determined. 3.3 Jurisdictional Requirements for a Defendant An entity or natural person resident in Guernsey will generally be subject to the jurisdiction of the court through the standard service mechanisms. Where an entity or person is not resident in Guernsey, the Guernsey courts may still exercise jurisdiction in certain cases. In broad terms, the Guernsey courts will do so, and grant permis- sion to serve proceedings outside the jurisdic- tion, where satisfied that the case is a suitable one to exercise the court’s discretion in this way (Royal Court Civil Rules, Rule 6). In determin- ing an application for permission to serve out, the Guernsey courts will broadly apply the same principles as apply in England and Wales under the Civil Procedure Rules and look to English case law for guidance, as well as Practice Direc- tion 6B issued under those Rules. Noting the recent addition of PD 6B 3.1(25) in England and Wales, it is expected that the Royal Court may well adopt this additional gateway in due course, on the basis that the principle of Bankers’ Trust jurisdiction already exists as a matter of Guern- sey law. 3.4 Initial Complaint The initial complaint is set out in a “cause”. The cause must contain three elements: • the material facts relied on (but not the evi- dence used to establish those facts, which will follow in due course); • the relief sought by the plaintiff, including any damages; and • the plaintiff’s address for service (known as the election de domicile).
Once the plaintiff has settled the terms of the cause, it is attached to a summons which is then served on the defendant with a date for the defendant to appear in court to indicate whether or not the cause is to be defended. The plaintiff then files (“tables”) the cause before the court, to be heard on that date. The plaintiff may amend the cause at any time, provided the other parties and/or the court agree to this. As the case proceeds towards key pro- cedural milestones, it becomes more difficult to satisfy the court that it is appropriate or just for the amendment to be permitted, especially if there are any prescription issues. However, in general the court will permit an amendment if any prejudice to the other party can be compen- sated for in costs. 3.5 Rules of Service Different arrangements for service of proceed- ings will apply, depending on whether service is to happen within or outside Guernsey. Within Guernsey Different provisions apply for service on an indi- vidual, body corporate or partnership and the States of Guernsey. Service is done through the offices of His Majesty’s Sergeant. There are three types of service and the Sergeant’s report will confirm which type of service has been effect- ed in their report (called a relation). “A” service means the cause has been served personally on the defendant, “B” service means the cause has been left at the defendant’s home address, and “C” service is for all other types of service. Where A or B service is achieved, the case can proceed in all respects. In contrast, C service allows the case to be tabled before the court but only if the court is satisfied that the defendant has had notice of the cause or the defendant
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