GUERNSEY Law and Practice Contributed by: Elaine Gray and Steven Balmer, Carey Olsen
appears, will the court permit the case to pro- ceed. In appropriate cases, the court may also grant permission for substituted service within Guernsey, for example by advertisement, email or otherwise, where it thinks it just to do so (Roy- al Court Civil Rules, Rule 7). Outside Guernsey The court may grant permission to serve a docu- ment out of the jurisdiction where it is satisfied that the matter to which the document relates is properly justiciable before the court and is a proper one for service out of the jurisdiction (Royal Court Civil Rules, Rule 8). Permission is obtained by applying for leave to serve out of the jurisdiction. The applica- tion should be supported by affidavit evidence explaining why the matter is a proper one for permission to be granted, for example identify- ing any exclusive jurisdiction cause. The order for service out must identify the form, manner and time in which – and any conditions subject to which – service is to be effected, as well as the minimum period before the matter comes back to the court. Recent case law in Guernsey has clarified the exceptional circumstances in which service “in some other manner” (ie, beyond the prescribed methods in the Royal Court Civil Rules and the Hague Convention) is permissible. 3.6 Failure to Respond In every proceeding, a defendant will be sum- monsed to appear at court on a specified date in order to respond to the claim against them. Should a defendant fail to attend on the return date and/or fail to indicate that the matter is to be defended, the plaintiff may apply to the court for judgment by default; similarly, judgment in default may be given if a defendant fails to table their defences on the due date.
Where judgment in default of appearance or in default of defences is obtained, a defendant may apply to the court for the judgment to be set aside upon affidavit evidence setting out the reasons for the application. 3.7 Representative or Collective Actions Representative actions are permitted where more than one person has the same interest in a claim (Royal Court Civil Rules, Rule 33). Unless the court directs otherwise, any judgment or order given in a claim where a representative party is acting shall be binding on those repre- sented in the claim. However, a judgment may only be enforced by or against a person who is not a party to the claim with the court’s permis- sion. There is also provision for representation of interested parties who cannot be ascertained, for example in actions concerning the estate of a deceased person or property subject to a trust (Royal Court Civil Rules, Rule 34). The Rules also make provision for beneficiaries to be represent- ed by trustees in appropriate cases, and for any judgment or order given to be binding on the beneficiaries (Royal Court Civil Rules, Rule 35). 3.8 Requirements for Cost Estimate There is no provision in Guernsey’s court rules which requires advocates to provide a cost estimate or budget at the outset of litigation. However, under the rules of professional con- duct applicable to Guernsey advocates, clients should be given information about the likely costs at the beginning of a matter, and kept regularly updated throughout.
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