In With The New....But Not Quite Out With The Old

Originally published in Legal Week, 23 June 2011

Simon Davies, Partner at Ogier in Guernsey, highlights developments in Guernsey's civil litigation and how this and other changes demonstrate the Island's commitment to provide a modern system for complex commercial matters.

Introduction

Until recently, the principal law governing evidence which can be admitted in civil proceedings in Guernsey was almost a century and a half old. Despite its antiquity, the Loi Relative aux Preuves, 1865 ("1865 Law") is relatively flexible to allow the Guernsey Courts ("Courts") to develop well respected and comprehensive provisions as to the admissibility of evidence in civil proceedings.