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The presumption in Guernsey is that justice must be done in public.

The Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 ("Proceeds of Crime Law") has been extended to cover unregulated trustees and partners. This extension took effect on 16 October 2023...

The Royal Court of Guernsey has jurisdiction to grant freezing injunctions in support of domestic and international proceedings, both before and after judgment.

A freezing order (sometimes referred to as a freezing injunction) is an interim measure granted by a court to prevent a person from being able to dispose of or deal with their assets before a judgment has been enforced.

On the 23 December 2022, the Royal Court of Guernsey handed down judgment in the matter of Nina Naustdal vs TKC Corporate Services NV and two others in which the Court found that the First Defendant...

The Royal Court has clarified for the first time the application of the Royal Court Civil Rules in relation to the use of the summary determination and judgment procedure in interpleader actions.

Mathew Newman, a partner in Ogier's Dispute Resolution team, examines the practical impact of the Law and the accompanying rules (the Evidence in Civil Proceedings Rules, 2011 and relevant Guernsey case law in the last 3 years.

The Rules have now been in force for some 8 years and have made a significant difference to the way civil cases are fought and progressed.

Recent Court of Appeal decisions in Guernsey have exposed fundamental concerns about the independence and fairness of the regulatory enforcement process used by the Guernsey Financial Services Commission. Three landmark cases reveal systemic issues with how career-ending sanctions are determined, raising questions about whether the current system meets basic standards of natural justice and whether it remains fit for purpose in a leading international finance centre.

This briefing is intended to provide a high-level overview of how one brings proceedings and for the sake of simplicity this note will cover proceedings in Guernsey alone.

BX v T Limited and AX and JX and CX and OX and PX and QX [2024]GRC066 (27 September 2024)

Interim freezing injunctions serve as a critical mechanism in Guernsey for preventing respondents from dissipating or transferring assets during legal proceedings. The Royal Court's flexible approach to granting these orders, whether in support of domestic or international proceedings, demonstrates Guernsey's commitment to maintaining its reputation as a reputable international financial centre while balancing the rights of both applicants and respondents.

The sphere of asset tracing and recovery, particularly the extent of tools available around the world, is rightly attracting more attention in cross-border fraud and investigations.

Guernsey has evolved sophisticated legal frameworks to combat fraud and recover assets, drawing on centuries of judicial stability while adapting to modern challenges. This comprehensive analysis examines the civil remedies, criminal enforcement powers, and cross-jurisdictional mechanisms available to victims seeking to trace and recover fraudulent proceeds through Guernsey's courts and regulatory systems.