Introduction
Until recently, the principle law governing evidence which can
be admitted in civil proceedings in Guernsey was almost a century
and a half old. Surprisingly, the Loi Relative aux Preuves, 1865
(the "1865 Law"), despite its antiquity,
is relatively flexible to allow the Guernsey courts to develop well
respected and comprehensive provisions as to the admissibility of
evidence in civil proceedings.
However, Guernsey (and Alderney) have over the past few years
focussed on the development and drafting of an additional law and
supporting rules aimed at bringing the Guernsey law on evidence
more closely comparable with the law of England and Wales and to
cater for the needs of modern day civil litigation. As a result of
years of consultation, the Evidence in Civil Proceedings
(Guernsey and Alderney) Law, 2009 (the
"Law") and the Evidence in Civil
Proceedings (Guernsey and Alderney) Rules, 2011 (the
"Rules") will be brought into force on
28 April 2011 by