Litigation 2025

GUERNSEY Law and Practice Contributed by: Elaine Gray and Steven Balmer, Carey Olsen

14.2 Growth Areas Disputes relating to trusts and trust matters are an area where there has been a steady increase in instructions and one that appears to be increasing in the jurisdiction. Insolvency and restructuring work is another area that contin- ues to grow, underlined by the new insolvency rules regime implemented in Guernsey recently. Finally, there has been a noticeable increase in regulatory disputes, which show signs of trend- ing upwards. Cases span financial regulation, data protection regulation and competition law.

or where there is a serious irregularity affecting the tribunal/proceedings/award. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Enforcement of foreign arbitral awards under the Geneva Convention is done under the Arbitra - tion (Guernsey) Law 1982, Part II. Enforcement of awards under the New York Convention is under Part VII of the 2016 Arbitration Law. 14. Outlook 14.1 Proposals for Dispute Resolution Reform The rules applicable to civil procedure were last reviewed in 2008 and recently a committee has been formed to review these. The reform com- mittee commenced work in 2020, and although interrupted by the COVID-19 pandemic, it con- tinues to work on the holistic reform of civil procedure in Guernsey. The Royal Court is also actively working on the implementation of a dig- ital court filing platform, in addition to recom- mendations for changes to the Royal Court Civil Rules. Although the reform will look at all aspects of civil procedure, particular points of interest are potential reforms to service provisions and, as indicated, the use of technology. Most recently, there have been substantive improvements to the Guernsey Legal Resources website.

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