{"id":144368,"date":"2026-07-10T11:10:33","date_gmt":"2026-07-10T11:10:33","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=144368"},"modified":"2026-07-13T10:48:52","modified_gmt":"2026-07-13T10:48:52","slug":"guernsey-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/guernsey-litigation\/","title":{"rendered":"Guernsey: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-144368","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-guernsey"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">AFR Advocates<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/06\/AFR-Linkedin-Business-Display-Picture.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">AFR Advocates<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/06\/AFR-Linkedin-Business-Display-Picture.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in Guernsey<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Guernsey, disputes are generally determined through contested court or tribunal proceedings. Parties may also seek to resolve disputes via alternative dispute resolution options, such as negotiation, mediation, arbitration, or expert determination.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main procedural rules governing litigation in the Royal Court are governed by the Royal Court Civil Rules 2007 (as amended) and through various practice directions.<\/p>\n<p>For \u2018petty debt\u2019 matters (with a value of less than \u00a310,000) the Magistrates Court has its own jurisdiction and own rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><u>The Magistrates Court<\/u><\/p>\n<p>In Guernsey, the Magistrates Court sits on the lowest rung of the court hierarchy.<\/p>\n<p>The Magistrates Court has jurisdiction to hear: any civil action for the recovery of a debt and any claim for damages in contract or tort, not exceeding \u00a310,000 called the \u2018Petty Debts Court\u2019; some family matters and inquests. The petty debts process cannot be used to bring a claim for libel or slander, or a claim relating to an annuity or a legacy or the property of a marriage.<\/p>\n<p>An appeal from the Magistrates Court goes to the Royal Court sitting as the Ordinary Court sometimes known as the Ordinary Division.<\/p>\n<p><u>The Royal Court<\/u><\/p>\n<p>The Royal Court is divided into the following divisions:<\/p>\n<p>I) The Full Court (historically known as the Cour en Corps)<br \/>\nII) The Ordinary Court<br \/>\nIII) The Matrimonial Causes Division<\/p>\n<p><u>I. The Full Court<\/u><\/p>\n<p>The civil jurisdiction of the Full Court deals with business with beyond the legal competence of the Magistrates Court (with a value of less than \u00a310,000). Other matters the Full Court will hear include (but not limited to):<\/p>\n<ul>\n<li>the swearing in of new Judges and Advocates<br \/>\n\u2022\u00a0\u00a0\u00a0\u00a0 consideration of applications for sand racing meetings<br \/>\n\u2022\u00a0\u00a0\u00a0\u00a0 consideration of applications regarding new cemeteries<br \/>\n\u2022\u00a0\u00a0\u00a0\u00a0 applications by the Crown to take possession of properties (escheat)<br \/>\n\u2022\u00a0\u00a0\u00a0\u00a0 applications to amend the General Register of Births and Deaths.<\/li>\n<\/ul>\n<p><u>II. The Ordinary Court <\/u><\/p>\n<p>The Ordinary Court deals with all original civil business beyond the competence of the Magistrates Court and a wide range of other matters, including (but not limited to):<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0 property disputes and the seizure and sale of property<br \/>\n\u2022\u00a0\u00a0\u00a0\u00a0 actions for debt or damages<br \/>\n\u2022\u00a0\u00a0\u00a0\u00a0 forfeiture of money applications<br \/>\n\u2022\u00a0\u00a0\u00a0\u00a0 company liquidations<\/p>\n<p><u>Appeals<\/u><\/p>\n<p>Appeals from the Royal Court progress to the Court of Appeal. Finally, as with other UK overseas territories and Crown dependencies, the final court of appeal is to the Judicial Committee of the Privy Council.<\/p>\n<p><u>\u00a0Alderney and Sark<\/u><\/p>\n<p>The Bailiwick of Guernsey comprises the islands of, Guernsey, Alderney, Sark, Herm, Jethou and Lihou. \u00a0In civil matters, the Guernsey Courts do not have exclusive jurisdiction over all the Bailiwick.<\/p>\n<p>The Court of Alderney oversees Alderney\u2019s civil matters, it has its own governing procedural rules (the Court of Alderney Civil Rules 2005) and is comprised of the Chairman (a Jurat) and two or more Jurats (whom are not legally qualified).<\/p>\n<p>Similarly in Sark, despite having a population of circa 500, the Court of the S\u00e9n\u00e9schal exercises all judicial functions within Sark, it is constituted by the S\u00e9n\u00e9schal who is a lay person appointed by the Seigneur of Sark.<\/p>\n<p>Guernsey Advocates may appear in the Court of Alderney and the Court of the S\u00e9n\u00e9schal and have a duty to assist the lay courts. The Appeal Courts for both Alderney and Sark is the Royal Court (Ordinary Division).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In accordance with the overriding objective, the Royal Court will always seek to manage cases expeditiously, justly, and at a proportionate cost to the amount of money involved, its importance and complexity.<\/p>\n<p>Broadly speaking, cases will generally take around 12 to 18 months from the tabling of the Cause proceedings being issued to the conclusion of a trial. For cases that are complex or involving multiple parties they span several years.<\/p>\n<p>The Court of Appeal sits at least five scheduled sessions a year and will sit additionally when the need arises. From the notice of appeal being issued to conclusion may typically take around 6 months to be concluded.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>All sittings of the Royal Court are open to public except for; sittings of the Matrimonial Causes Division; without notice applications for a type of injunction; and well recognised exceptions (e.g. cases involving minors, private trust matters, trade secrets and\/or matters affecting national security). In circumstances where an exception applies, an application for a privacy order accompanied with an application to have the court file sealed can be made (so the pleadings cannot be accessed by the public).<\/p>\n<p>Copies of pleadings, Acts of Courts and Consent Orders can be obtained by the general public in the Strong Room (which contains all judicial and legislative archives) at the Royal Court House by appointment only.<\/p>\n<p>Official transcripts and records of Royal Court proceedings are not published online but can be obtained for a fee from His Majesty\u2019s Greffier at the Greffe.<\/p>\n<p>Most judgments of the Royal Court are published online on \u2018Guernsey Legal Resources\u2019 unless the matter is subject to a Privacy Order.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Guernsey what is known as \u2018prescription\u2019 is similar to the England Wales concept of limitation periods. \u00a0The concept of prescription derives from Guernsey\u2019s customary law roots, and it essentially extinguishes the right to bring a claim.<\/p>\n<p>The key prescriptive periods are as follows:<\/p>\n<ol>\n<li>For breach of contract, 6 years from the accrual of the course of action<\/li>\n<li>For claim in tort, 6 years from the accrual of the course of action<\/li>\n<li>For breach of trust, 3 years from the date of knowledge<\/li>\n<li>For personal injury and death claim, 3 years from the accrual of the cause of action or knowledge<\/li>\n<\/ol>\n<p>In personal injury claims the positions differs, under the Law Reform (Tort) (Guernsey) Law, 1979 section 8 provides the court with discretion to extend the 3 year period for bringing a claim for personal injury or death if it is satisfied that it is equitable to do so.<\/p>\n<p>Prescription periods do not apply in cases of fraud, and the period begins to run from the date on which the fraud was discovered.<\/p>\n<p>The customary law principle of <em>emp\u00eachement <\/em>acts as a suspension so as to pause the prescriptive period, but importantly does not reset the clock. Under the principle of<em> emp\u00eachement,<\/em> the plaintiff may argue that a claim should be allowed to proceed out of time because of an obstacle that prevented them from bringing the claim earlier. The threshold over which the plaintiff must come is a high one.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Guernsey, there are no specific pre-action protocols. However, it is common practice for parties to issue a \u2018letter before action\u2019 prior to issuing proceedings.<\/p>\n<p>Generally, pre-action disclosure is not available in Guernsey except for personal injury cases (Rule 75 of the Royal Civil Rules) and in exceptional situations such as Norwich Pharmacal order or where a freezing injunction is being sought.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Guernsey, proceedings are started by the tabling of the Cause before the Royal Court. The Cause, a document similar to the particulars of claim in England and Wales, must contain:<\/p>\n<p>i) The material facts relied on (Rule 10 of the Royal Court Civil Rules)<\/p>\n<p>ii) A statement of the relief sought (Rule 10 of the Royal Court Civil Rules)<\/p>\n<p>iii) The plaintiff\u2019s address for serves (election de domicile) (Rule 12 of the Royal Court Civil Rules)<\/p>\n<p>Prior to tabling the Cause, it must be served on the defendant by way of Summons effected by His Majesty\u2019s Sergeant, an agent of the Royal Court. For prescription purposes, the clock stops running when the Summons is handed to the Sergeant.<\/p>\n<p>If a defendant intimates its intention to defendant the claim, the Cause is placed inscrite and on the R\u00f4le des Causes \u00e0 Plaider (the pleading list).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Where a person or entity is based outside Guernsey, the court may assume jurisdiction in certain circumstances. The court may permit service of proceedings outside the jurisdiction where it is satisfied that the matter is an appropriate one for the exercise of its discretionary jurisdiction pursuant to Rule 6 of the Royal Court Civil Rules.<\/p>\n<p>With applications for leave to serve proceedings out of the jurisdiction, the courts generally adopt principles similar to those applied in England and Wales under the Civil Procedure Rules and take into account English authorities and CPR Practice Direction 6B for guidance, however, the Royal Court is very clear that whilst the principles may be similar, Guernsey principles and not those in England and Wales must be abided by.<\/p>\n<p>The factors taken into account when determining the Court\u2019s jurisdiction are as follows:<\/p>\n<p>I) The applicable law;<\/p>\n<p>II) The location of the alleged wrongdoing;<\/p>\n<p>III) Forum non conveniens (i.e. whether Guernsey is the most appropriate forum to hear the dispute);<\/p>\n<p>IV) The parties\u2019 domicile or place of incorporation\/business;<\/p>\n<p>V) The location of any assets held by the defendant or which are the subject of the dispute.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the circumstances where there is a dispute on the proper law, a preliminary hearing may be required to resolve this point. Expert evidence from a foreign jurisdiction may need to be obtained to support a party\u2019s preliminary hearing submissions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Part IV of the Royal Court Civil Rules provides the rules surrounding Summary Judgment in Guernsey. The test which the Royal Court applies is that it will grant summary judgment if the other party has no real prospect of succeeding on the claim or defence and there is no other compelling reason why the claim should be disposed of at a trial. An application for Summary Judgment must be served with at least 4 clear days&#8217; notice of the date of the application (Rule 20) and be supported by an affidavit identifying the point of law and evidence upon which it relies (Rule 21).<\/p>\n<p>Rule 52 of the Royal Court Civil Rules provides the Court to power to strike out a pleading. The Court may exercise its discretion to strike out a pleading if it appears (a) that the pleading discloses no reasonable grounds for bringing or defending an action, (b) that the pleading is an abuse of the Court&#8217;s process or is otherwise likely to obstruct the just disposal of the proceedings, or (c) that there has been a failure to comply with a rule, practice direction or Court order.<\/p>\n<p>If no procedural step has been taken in relation to an action within a year and a day, under customary law principles it is regarded as <em>p\u00e9rim\u00e9e<\/em>. The defendant must raise <em>p\u00e9remption before <\/em>taking any further step by themselves in the action. Although, if the action is held to be <em>p\u00e9rim\u00e9e<\/em>, the plaintiff may apply to restore the Action under Rule 86 of the Royal Court Civil Rules, so long as it is not by that date prescribed. Due to the Court\u2019s case management powers <em>p\u00e9rim\u00e9e<\/em> is rare in practice.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Payments into court or offers to settle under Rule 62 of the Royal Court Civil Rules may assist a defendant in reducing their risk of being liable for all the plaintiff\u2019s costs in the event that the plaintiff is unsuccessful at trial. In practice, Guernsey advocates tend to rely on Calderbank offers rather than Rule 62.<\/p>\n<p>Interim payments are available allowing a plaintiff to seek payment of a portion of damages prior to the final determination of the action (generally exercised in personal injury\/ medical negligence claims);<\/p>\n<p>Prohibitory injunctions are available under the Law Reform (Miscellaneous Provisions) (Guernsey) Law, 1987 which gives the Royal Court power to grant a party injunctive relief in order to restrict a party\u2019s ability to do a certain act. Freezing injunctions (<em>Mareva<\/em>) are common in Guernsey, and these can be sought and obtained in advance of any action commencing.<\/p>\n<p>The\u00a0<em>Clameur de Haro<\/em>\u00a0is a form of injunctive relief that derives from Normandy customary law in the 13<sup>th<\/sup> century. The <em>Clameur<\/em> is used by an owner or occupier of land, to protect itself from nuisance, to protect the land from trespass, or to restrain any interference with its possession or enjoyment of its physical property. If deployed, it is unlawful for the offending party continue unless the owner\/occupier fails to bring a formal injunctive application within twenty-four hours. In practice, the <em>Clameur <\/em>is rarely used in the modern age, albeit it is still available as an interim remedy.<\/p>\n<p>Search orders (Anton Pillar), are available in Guernsey to gain access to premises to ensure evidence is not being concealed or destroyed.<\/p>\n<p>Anti-suit injunctions are available to prevent a party from continuing or starting legal proceedings outside of Guernsey.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the Royal Court once the Cause has been tabled and the defendant has indicated that the claim is defended, they have 28 days to file their defences which can be extended up to 3 months by consent of the parties without the involvement of the court. Following receipt of the defences the matter is placed on the <em>R\u00f4le des Causes en Preuve<\/em> (the witness list) and a case management conference should be listed for by the plaintiff for the conduct of the case, if the parties cannot agree direction by way of consent order.<\/p>\n<p>After the defences, the plaintiff is at liberty file a r\u00e9plique (a reply to the defence), and after which the defendant may elect to respond with a duplique.<\/p>\n<p>If the defendant chooses to file a counterclaim with their defences, it will be place<em> inscrite<\/em> and the plaintiff has 28 days to provide their defences to the counter claim which will be placed <em>en preuve. <\/em><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The usual disclosure order is to give \u2018standard disclosure\u2019. This requires each party to disclose to the opposing party the documents on which it intends to rely; those which adversely affect its case or another party&#8217;s case, or that support another party&#8217;s case.<\/p>\n<p>A party&#8217;s obligation is to conduct a reasonable search for documents that are, or have been, in its control. What constitutes a reasonable search will depend on the facts of each case. When assessing reasonableness, the court will have regard to factors such as the number of documents, the nature and complexity of the proceedings, the ease and expense of retrieval of any particular document and the significance of the documents likely to be located in the search.<\/p>\n<p>In terms of exceptions, Guernsey\u2019s approach by and large mirrors English principles, i.e. documents can be withheld on the grounds of legal advice\/litigation privilege and public interest immunity.<\/p>\n<p>A party may also inspect documents referred to in any pleadings, witness statement, affidavit or expert report, pursuant to Rule 73 of the Royal Court Civil Rules. In accordance with Rule 74, a party must provide a copy of the document that they have a right to inspect within 7 days after the date of the request.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Affidavit evidence or witness statements are usually provided, and witnesses providing these will generally be subject to cross-examination in person. Generally, witness evidence is usually given live at trial and in open court (provided the proceedings are not in camera) where the witness will be put to proof on the statements contained in their evidence.<\/p>\n<p>Leading questions are not generally permitted in examination in chief, except where the issue is uncontroversial or covers an area that is not contested. In contrast, cross-examination will generally be conducted in the form of \u2018closed\u2019 or leading questions. Re-examination is generally only permitted to address additional points raised in cross-examination<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert evidence admissible with the permission of the court and is addressed in sections 18-19 of the Evidence in Civil Proceedings (Guernsey and Alderney) Law, 2009 and part II of the Evidence in Civil Proceedings (Guernsey and Alderney) Rules, 2011.<\/p>\n<p>The Royal Court has previously stated that in the absence of a body of domestic jurisprudence on permission to adduce expert evidence, helpful guidance can be obtained from English legal principles and particularly Part 35 of the Civil Procedure Rules.<\/p>\n<p>The duties of an expert align with English Law principles, in the Guernsey case of EFG Private Bank (Channel Islands) Limited v BC Capital Group SA (in liquidation) and Others (Judgment 17\/2014), the Royal Court took into account the principles set down from National Justice Compania Naviera SA v Prudential Assurance Co Ltd [1993] 2 Lloyd\u2019s Rep 68, summarised at para. 35.3.3 in the commentary in the White Book:<\/p>\n<p>\u2018\u201c1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the expert uninfluenced as to the form or content by the exigencies of litigation (Whitehouse v Jordan [1981] 1 W.L.R. 246, HL, at 256, per Lord Wilberforce).<\/p>\n<p>2. An expert witness should provide independent assistance to the court by way of objective unbiased opinion in relation to matters within their expertise (see Pollivitte Ltd v Commercial Union Assurance Company Plc [1987] 1 Lloyd\u2019s Rep. 379 at 386, per Garland J., and Re J (1990 F.C.R. 193, per Cazalet J. An expert witness in the High Court should never assume the role of an advocate.<\/p>\n<p>3. An expert witness should state the facts or assumptions on which their opinion is based. They should not omit to consider material facts which could detract from their concluded opinion (Re J., above).<\/p>\n<p>4. An expert witness should make it clear when a particular question or issue falls outside their expertise.<\/p>\n<p>5. If an expert\u2019s opinion is not properly researched because they consider that insufficient data are available then this must be stated with an indication that the opinion is no more than a provisional one (Re J., above). In cases where an expert witness who has prepared a report could not assert that the report contained the truth, the whole truth and nothing but the truth without some qualification that qualification should be stated in the report (Derby &amp; Co Ltd v Weldon (No. 9), The Times, November 9, 1990, CA, per Staughton L.J.<\/p>\n<p>6. If, after exchange of reports, an expert witness changes their view on the material having read the other side\u2019s expert report or for any other reason, such change of view should be communicated (through legal representative) to the other side without delay and when appropriate to the court.<\/p>\n<p>7. Where expert evidence refers to photographs, plans, calculations, analyses, measurements survey reports or other similar documents, these must be provided to the opposite party at the same time as exchange of reports.\u201d<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Appeals from the Magistrates Court proceed to the Royal Court (Ordinary Division). A party may appeal as of right where the appeal concerns a question of law and a right of appeal exists more generally with leave. Notice of appeal must be filed within 7 days of the decision at first instance.<\/p>\n<p>In proceedings before the Royal Court, a final judgment may be appealed without the need for leave where the appeal raises a point of law or the value of the claim exceeds \u00a3200. Notice of appeal must be served within 1 month of the decision, following which the appeal must be set down within 7 days.<\/p>\n<p>Interlocutory (interim matters) generally require leave to appeal.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Guernsey there are two methods of enforcement, under the Judgment (Reciprocal Enforcement) (Guernsey) Law, 1957 and the customary law approach, modelled on English common law.<\/p>\n<p>The statutory method is only available for a small number of jurisdictions; there are currently ten reciprocating countries, and the judgment must have been given by a superior court (in England, the High Court would be regarded as a superior Court but not the County Court).<\/p>\n<p>Where the Judgment (Reciprocal Enforcement) (Guernsey) Law, 1957 does not apply; customary law principles must be followed (e.g. where a country is not on the reciprocal list).<\/p>\n<p>Under customary law principles, the only question for enforcement is whether the original court had jurisdiction. The court will enforce the judgment, where \u2013<\/p>\n<p>I) the defendant was subject to the jurisdiction of the original court;<\/p>\n<p>II) they were resident in that jurisdiction at the start of action against them;<\/p>\n<p>III) they were the plaintiff in the original action and so the forum was their choice;<\/p>\n<p>IV) they voluntarily appeared before the court; or<\/p>\n<p>V) they had contracted to submit to the jurisdiction of that court.<\/p>\n<p>Noteworthy is that prescriptive periods also apply to the enforcement of judgments:<\/p>\n<p>I) A judgment following trial is prescribed after 6 years.<\/p>\n<p>II) A consent order is prescribed after 6 years.<\/p>\n<p>III) A default judgment is prescribed after 3 years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Section 1(1) of the Royal Court (Costs and Fees) (Guernsey) Law, 1969 outlines the court\u2019s discretionary powers regarding costs in proceedings: \u2018<em>The costs of and incidental to all proceedings in the Royal Court shall be in the discretion of the Royal Court and the Royal Court shall have power to determine by whom and to what extent the costs are paid\u2019<\/em>.<\/p>\n<p>Generally speaking, the winning party will recover their costs.<\/p>\n<p>Guernsey courts can make orders as to costs on a recoverable basis or on an indemnity basis. The courts generally encourage parties to reach an agreement on costs and in the event cannot reach an agreement, the matter goes to taxation before a taxation master. From time to time the courts may also order that each party bear their own costs.<\/p>\n<p>Maximum rates are set by statute for the recoverability of Advocates\u2019 fees; each calendar year the recoverable rate for Advocates fees varies. For 2026 the recoverable rate is \u00a3351 per the Royal Court (Court and Fees) (Amendment) Rules 2025. These rates are often significantly lower than the commercial rates charged by Advocates. A party benefiting from a costs order should expect there to be a shortfall between the costs actually incurred and the amounts recoverable.<\/p>\n<p>In Guernsey any doubts as to whether the costs are reasonable in the amount or have been reasonably incurred are exercised in favour of the paying party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class action proceedings in Guernsey are possible, most recently in the case i<em>f Johnson and 172 others v IDT <\/em>[2026] GRC029 a group of States of Guernsey employees sought permission to seek Judicial review but were ultimately unsuccessful.<\/p>\n<p>Under Rule 33 of the Royal Court Civil Rules, a person may bring or continue a claim on behalf of others who share the same interest in the proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Rule 36 of the Royal Court Civil Rules, a defendant may apply to join a third party to the extant proceedings or the court may order as it thinks just to add a third party.<\/p>\n<p>In terms of consolidating two sets of legal proceedings, where there are common questions in either fact or law or if the court sees it as desirable to do so it may order the actions to be consolidated on the basis of the overriding objective.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Conditional fee agreements are not permitted in Guernsey. Third party funding arrangements (typically seen in proceedings concerning liquidations or personal injuries) are permitted unless it conflicts with the principles of champerty or unlawful maintenance. Third party funders may be subject to cost orders.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are many advantages in litigating commercial disputes in Guernsey. Firstly, Guernsey is a leading offshore financial centre and therefore the Guernsey courts are used to dealing with complex and high value claims. Although a completely separate and autonomous legal system from the UK, Guernsey law often looks to the UK and other common law jurisdictions for jurisprudence.<\/p>\n<p>Being an offshore jurisdiction, the Guernsey legal market brings a wealth of lawyers from all over the world and with them comes a varied corpus of expertise and experience.<\/p>\n<p>In being a separate legal system, Guernsey law is able to draw upon other jurisdictions and adopt solutions to novel and\/or complex legal issues. This makes Guernsey law flexible and adaptable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Guernsey continues to see strong growth in trust litigation owing to it being a leading offshore financial centre and this is expected to continue to grow for the next 5 years.<\/p>\n<p>Again, owing to Guernsey being an offshore financial jurisdiction, another area of expected growth in regulatory litigation. Guernsey follows the global standard set by the Financial Action Task Force (FATF) for anti-money laundering and the countering of financing of terrorism. Guernsey has also seen substantial growth in work relating to financial sanctions and given the geo-political landscape, this is expected to continue to grow over the next 5 years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>From 2026, across all Civil Courts, for all new certain types of proceedings (such as an action for debt or damages) Guernsey has rolled out a SMART Court programme called Case Center. Case Center has allowed the Courts to go increasingly paperless and streamline the case management and filing processes. Judges may at their own discretion request a matter not on Case Center, to move onto it.<\/p>\n<p>In the next 5 years it is envisaged that all matters will be on Case Center.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4834<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/144368","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=144368"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}