GUERNSEY Law and Practice Contributed by: Elaine Gray and Steven Balmer, Carey Olsen
a specific date and/or before a particular judge where that judge has dealt with prior issues in the case. In that event, the court will generally seek to accommodate such requests, subject to availability.
istration Inc. v McCelland [1990] F.S.R. 381 in affirming that there is no jurisdiction to make an order for the production of documents unless: • there is sufficient evidence that the docu- ments exist; • the document relates to matters in issue in the action; and • there is sufficient evidence that the document is in the possession, custody or power of the other party. Where these three prerequisites are met, the court has discretion as to whether or not to order specific disclosure. Any such order must iden- tify with precision the document or documents required to be disclosed. Documents given on disclosure are generally subject to the codified “implied undertaking” against collateral use for any purpose other than the proceedings. 5.2 Discovery and Third Parties Guernsey does not have any provision within the Royal Court Civil Rules, 2007 for disclosure from a third party who is not named as a party, although there are other well-recognised circum- stances whereby disclosure from non-parties can be obtained (eg, Norwich Pharmacal, Anton Piller and Bankers Trust orders). 5.3 Discovery in This Jurisdiction Unless the Court orders otherwise, parties should give “standard disclosure”. This requires parties to disclose any documents: • on which they rely; • which adversely affect their own case; • which adversely affect another party’s case; • which support another party’s case; and/or
5. Discovery 5.1 Discovery and Civil Cases
Disclosure forms a key part of civil proceedings in Guernsey and is broadly modelled on the regime established by the Civil Procedure Rules in England and Wales, albeit the Rules are less detailed and proscriptive. The Rules are found in Part X of the Royal Court Civil Rules, 2007. Unless the court otherwise directs, an order for disclosure is an order to give standard disclosure (see 5.3 Discovery in This Jurisdiction ). Where the court considers it appropriate, it may dis- pense with or limit standard disclosure. Parties are obliged to undertake reasonable searches as part of their duty to search for documents. The process should take place out of court, with the court only intervening where resolution between the parties is not possible. In practice, parties will typically agree the timing and format of disclosure but, in the absence of agreement, the court may issue directions at a case management conference on any matters in dispute. In all but the simplest cases disclo- sure is generally given electronically, using an e-disclosure platform. The recent case of Popat v Popat & Oths (2021) GCR033 examines the legal principles behind the disclosure regime in Guernsey, and in par- ticular applications for specific disclosure. The confirmation of the applicable principles in Popat follows the English guidance in Berkeley Admin-
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