GUERNSEY Law and Practice Contributed by: Elaine Gray and Steven Balmer, Carey Olsen
Joinder Where a defendant considers that a person who is not a party is liable to make a contribution or indemnify them, they may apply to join that per- son to the proceedings (Royal Court Civil Rules, Rule 36). Joinder may also be permitted where a defend- ant considers that they are entitled, against such a person, to claim a relief or remedy connected to the original subject matter of the proceedings, or which is substantially the same as that which the plaintiff is claiming. Finally, the defendant may seek joinder where there is a question or issue connected with the original subject matter of the proceedings which they consider should be determined not only between the plaintiff and defendant but also between either or both of them and a person who is not a party. Joinder applications are initiated by summons. Where granted, the court will make “such order as it thinks just” in relation to, inter alia, the filing of pleadings and disclosure. Once added as a third party, a person is a party to the action as though they were an original defendant. It should be noted that the Court of Appeal has the same power to join parties to an appeal for the pur- The court has a broad discretion to make an order against a party that they should provide security for costs “in such amount, on such terms and in such manner” (Royal Court Civil Rules, Rule 82). Accordingly, the court may order security to be provided on a full or partial indemnity basis, pose of allowing them to be heard. 4.5 Applications for Security for Defendant’s Costs
where satisfied that it is appropriate to do so. Generally, the method of giving security is left to the parties and it is common for a bank guar- antee to be given to cover the security ordered. Where an order for security is made, the court may stay the proceedings unless and until the security is provided; should the party required to give security not then do so, the court may dismiss the proceedings. 4.6 Costs of Interim Applications/ Motions There are no specific costs rules in respect of interim applications. The court has an overall discretion to make costs orders as it thinks just, in relation to the costs of the proceedings or any stage thereof or indeed of any specific applica- tion (Royal Court Civil Rules, Rule 82(1)(a)). 4.7 Application/Motion Timeframe The overriding objective of Guernsey’s Rules requires cases to be dealt with expeditiously. Guernsey’s courts are extremely responsive and willing to sit as required to accommodate civil business, including on an urgent basis. Unless an application is subject to any par- ticular provision, a person intending to apply for an order shall give notice of that fact to the respondent by serving a notice (a “signification”) on the respondent with no less than four clear days’ notice (Royal Court Civil Rules, Rule 81). Routine case management or interim applica- tions are heard on the Friday of each week at the routine Interlocutory Court, and the applicant’s advocate is obliged to file an agenda of all such business with the court each Wednesday. However, parties can and often do request that hearings be listed on an urgent basis on
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