ARTICLE · 11 SEPTEMBER 2020
Recognition And Enforcement Of Foreign Judgments In Guernsey
This is only available for judgments from Curaçao, England and Wales, the Isle of Man, Israel, Jersey, the Netherlands, Northern Ireland, Italy, Scotland, Sint Maarten, Surinam which can be...
GuernseyLitigation, Mediation & Arbitration
There are two routes for the enforcement of foreign judgments in
Guernsey.
1. The Statutory method
- This is only available for judgments
from Curaçao, England and Wales, the Isle of Man, Israel,
Jersey, the Netherlands, Northern Ireland, Italy, Scotland, Sint
Maarten, Surinam which can be registered in Guernsey following a
specified statutory process.
- It must be a judgment of a superior
court such as the High Court in England and Wales and not the
county court;
- The judgment must be final and
conclusive – it is possible to enforce even if the time for
appeal has not yet expired;
- The foreign court must have had
jurisdiction to grant the judgment applying common law conflict of
laws principles.
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