CODE OF CIVIL PROCEDURE IN GUERNSEY

This article will provide guidance on the Code of Civil Procedure in Guernsey.  The island of Guernsey is a British Crown Dependency located in the English Channel on the coast of Normandy. However, the United Kingdom handles its defense and some areas of foreign affairs, even though it is not a member of the United Kingdom. Jersey and Guernsey are commonly referred to as the Channel Islands; however, this is neither a constitutional nor political term for the two bailiwicks. Although the Queen of the United Kingdom controls all three, Jersey's connection to the Crown differs from that of Guernsey and the Isle of Man. 

Parliamentary representation democracy and British Crown dependency best describe Guernsey. ‘representative of the Crown in right of the république of the Bailiwick of Guernsey’ is the official title of Guernsey's Lieutenant Governor. Defense and most diplomatic relations are handled by the British Government, although the territory is not a part of the United Kingdom. In the context of the complexity of legal structures in Guernsey, it is preferable to ensure that you engage a private Guernsey process service agency like Undisputed Legal so that your documents are quickly and safely delivered. 

BACKGROUND

The States of Deliberation (États de Délibération) is the legislative body of the States of Guernsey (États de Guernesey), made up of thirty-eight People's Deputies who are chosen every four years in a statewide popular vote. After receiving the Royal Sanction during Privy Council sessions in London, laws are sent back to the islands to be officially registered at the Royal Courts. Ordinances and Orders are examples of State-level delegated legislation that are not subject to Royal Assent but are still binding on all levels of government within the State.  The Constitution and External Affairs, Corporate Policy, and Coordination of States Business are all the responsibility of the Policy and Resources Committee. Departments and Non-State Bodies submit proposals and Reports to the States of Deliberation, Guernsey's Parliament, for review. 

The law of Guernsey is based on Norman Customary Law. It is supplemented by principles of English common law and Equity and statute law issued by the relevant legislature(s), which are typically the States of Guernsey but are not always the case. Guernsey operates nearly entirely independently from the rest of the United Kingdom in all but a few select areas. However, ‘in the interests of good administration,’ the Crown (i.e., the UK Government) reserves the undefined right to interfere in the internal affairs of any of the three Crown Dependencies on the British Islands.  When it comes to defense and foreign affairs, two areas that are exclusively British responsibility, the UK Parliament is also a source of Guernsey legislation.  Our private process servers are comfortable with international and domestic laws and dependable in delivering service to them.

The Bailiff of Guernsey is the equivalent of a Chief Justice in most other places; in Guernsey, however, they also serve as the leader of the States of Guernsey and perform other ceremonial, executive, and governmental duties. The duties of the Bailiff may be delegated to Deputy Bailiff. The Crown appoints both the Bailiff and Deputy Bailiff. 

The Royal Court of Guernsey hears cases involving significant economic conflicts. The Royal Court Civil Rules, 2007 (RCCR) establish the process to be followed in civil court cases and the authority of the court to regulate and supervise litigation in Guernsey.

 JURISDICTION IN GUERNSEY 

When a summons is delivered to HM Sergeant for service, the prescription period will stop. One may claim an obstacle to action (empêchment d'agir) if they feel it is warranted under Guernsey's customary law. Under this rule, the statute of limitations does not apply where a remedy would otherwise expire due to a prescription. 

The Bailiff of Guernsey, who serves the Crown, is a key part of the Royal Court of Guernsey. The Bailiff is Guernsey's top civil and legal authority, representing the island in areas unrelated to politics. A Deputy Bailiff, a Lieutenant Bailiff, and a Judge of the Royal Court help the Bailiff make judicial decisions in the Royal Court. 

Guernsey, Alderney, and Sark are the three islands that make up the Bailiwick of Guernsey. The first instance of civil jurisdiction in Alderney and Sark is exclusively vested in the Court of Alderney and the Court of the Seneschal. The Royal Court of Guernsey, in its capacity as the Ordinary Court, hears appeals from these courts.

PRE-ACTION PROCEDURE IN GUERNSEY

The first step in a case in Guernsey is to file a ‘cause’ with the Royal Court. The claimant (the plaintiff in Guernsey) must present a summons to HM Sergeant before the table to initiate the proceedings and have it served on the other parties. The other parties will be notified of the filing of the summons. 

The cause is the document laying forth the claimant's theory of the case and the specific remedies it seeks. Each summons must include a copy of the underlying reason. After the date specified in the summons, an attorney representing the defendant must appear in court to submit fresh proceedings. It is important to note that Undisputed Legal process servers in Guernsey serve civil and commercial matters pursuant to the Hague Service Convention, a multilateral treaty adopted in Hague, Netherlands, on November 15, 1965, by member states of the Hague Conference on Private International Law. In conjunction with the Hague Service Convention, we ensure that we provide litigants with a reliable and efficient means of serving the documents on parties living, operating, or based in another country. The provisions of the convention apply to the service of process in civil and commercial matters but not criminal matters.

The claimant alerts the defendant to the claim by serving the defendant with the summons. A summons is a legal document that gives the defendant(s) notice that the claimant intends to file a lawsuit in court and specifies the date on which the lawsuit will be filed. At the very latest, the defendant(s) must be served with the summons two days before the cause is set for hearing.

The claimant must get the court's permission to serve a defendant outside the jurisdiction. Due to the worldwide nature of business in Guernsey, this is an often-used application.

Any defendant who chooses to contest the claim must have an attorney show up in court on the day mentioned in the summons. The case is added to the role des causes a plaider, a list of those now pending at the Royal Court's pleadings phase. Within twenty-eight days of the case's appearance on the roll, the defendant must submit any objections or defense arguments. The defense filing period might be extended by up to three months if both parties agree or if the court orders. Any subsequent extension must be requested from the court or approved by the court as part of a consent order between the parties.

FILING OF A CLAIM IN GUERNSEY

The Guernsey courts normally recognize an explicit choice of the parties to submit to a certain jurisdiction unless the issue contains circumstances that must properly be determined in Guernsey. At Undisputed Legal, we ensure that your service complies with the jurisdiction of the preferred court in order to minimize the possibility of failed service. 

If the parties have agreed that claims will be filed in the courts of a foreign country, the court analyses the location of the natural forum for the dispute. If Guernsey is not a suitable venue, the court uses its authority to delay the proceedings. If the parties have agreed that claims would be filed in Guernsey, the court also examines the natural forum's location for the dispute. The court upholds the norms of international comity. The court may give an anti-suit injunction in cases where there is some legal or equitable right, for example, an exclusive jurisdiction provision, for actions to be brought in Guernsey or where it would be vexatious or oppressive the foreign proceedings to be initiated or pursued for. The prosecution of parallel procedures in a separate jurisdiction is undesirable.

Guernsey is not a party to any international agreements or conventions which influence the issue of the jurisdiction of its courts over the dispute. The court analyses considerations like any choice of controlling law, where the contract was formed, the subject matter of the contract, and what the interests of justice demand.

SERVICE OF PROCESS IN GUERNSEY

The plaintiff must table a claim document (a ‘Cause’) before the Royal Court containing the material facts relied on and a statement of the relief sought. The plaintiff must give at least two clear days' notice of his intention to table the Cause by serving a summons on the defendant. On the first occasion when the Cause is tabled, the defendant must provide an address for service within the Bailiwick of Guernsey and indicate whether or not the matter is to be defended (at this point, the action goes onto the pleadings list - the ‘Rôle des Causes à Plaider’). Failure to do this may result in a default judgment being granted against the defendant. If the defendant resides outside Guernsey, leave of the Court to serve outside the jurisdiction must be sought before the course is tabled.

A defendant is required to table his defenses to the action twenty-eight days after the action is listed on the Rôle des Causes à Plaider. This period can be varied by agreement between the parties (who can extend it up to a maximum of three months without reference to the Court) (who can extend it up to a maximum of three months without reference to the Court). When Defences (which do not contain Exceptions - see below) are filed, the action is transferred to the witness list (the ‘Rôle des Causes en Preuve’).

It is still possible for a defendant to plead Exceptions de Fond (pleas in the bar - for example, that the claim is prescribed by the lapse of time or that the claim falls outside the jurisdiction of the Guernsey courts) or Exceptions de Forme (requests for further information about a pleading). The continued existence of Exceptions de Forme has been the subject of concern because, on occasion, they have been pleaded instead of a substantive defense as a tactic to delay the progress of court proceedings. The 2007 Rules minimize this risk and give the court powers to deal expeditiously with Exceptions de Forme. Exceptions de Forme have now been deemed a request by a defendant for further information. Experience so far is that the Court sets suitably expeditious timetables for providing such extra information as are warranted in any particular case.

All civil cases were previously heard by a single judge sitting with a panel of at least two (but normally three) Jurats, members of Guernsey's professional lay jury. Under the 2007 Rules, the court must direct whether the trial is to be heard by a single judge sitting alone or by a judge sitting with Jurats. In addition, a pre-trial review will take place in most cases. Under the Law Reform (Guernsey) Law 2008, the Bailiff or their deputy can direct that they will hear and decide on issues of fact without jurats.

The plaintiff must table a claim document (a ‘Cause’) before the Royal Court containing the material facts relied on and a statement of the relief sought. The plaintiff must give at least two clear days' notice of his intention to table the Cause by serving a summons on the defendant. On the first occasion when the Cause is tabled, the defendant must provide an address for service within the Bailiwick of Guernsey and indicate whether or not the matter is to be defended (at this point, the action goes onto the pleadings list - the ‘Rôle des Causes à Plaider’). Failure to do this may result in a default judgment being granted against the defendant. If the defendant resides outside Guernsey, leave of the Court to serve outside the jurisdiction must be sought before the course is tabled.

 SERVICE OF FOREIGN PROCEEDINGS

HM Sergeant handles service inside Guernsey. HM Sergeant will attempt service personally or leave the documents at the party's address. HM Sergeant will offer a statement verifying whether service has been performed and, if required, may produce a certificate of service for the foreign court. Undisputed Legal’s process servers will ensure the appropriate authority adequately provides the documents.

A translation should be provided, but there are no formal rules in relation to this. If the defendant's address or whereabouts cannot be discovered, the plaintiff may apply to the court for an order for substituted service. Alternatively, the plaintiff may apply for the court's permission for the defendant to be called on through an announcement and the appointment of a judicial attorney if necessary, but this is considered an unsatisfactory situation, and substituted service is preferred.

Guernsey is a party to the HCCH Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 (Hague Service Convention). The English Evidence (Proceedings in Other Jurisdictions) (Proceedings in Other Jurisdictions) Act 1975 gave effect to the HCCH Convention on the Taking of Evidence Abroad in Civil and Commercial Matters 1970 (Hague Evidence Convention), and this was extended to Guernsey in 1980. This enables letters rogatory or letters of request, also known as commissions rogatory (formal requests for judicial assistance sent by a foreign judicial authority to the Bailiff of Guernsey), to be made.

In practice, the most common requests are for evidence to be taken on oath or for documents to be produced in Guernsey for use in civil or commercial proceedings that are taking place before a foreign court.

ENFORCEMENT OF FOREIGN PROCEEDINGS

Guernsey is not a party to the HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters 1971 Hague Foreign Judgments Convention). The Judgment (Reciprocal Enforcement) (Guernsey) Law 1957 deals with the enforcement of foreign judgments in Guernsey in specific reciprocating countries. The foreign judgment must have been given in the superior court of a reciprocating country (this does not include a judgment on appeal in a superior court from a court that is not a superior court) and must be final and conclusive. There must be a sum of money payable by reason of the judgment, but this does not include taxes, fines, or other penalties.

To register a judgment, the judgment creditor must apply within six years of the date of the judgment supported by an affidavit. When the court makes an order registering the judgment, the order will specify a period in which the judgment debtor can apply for it to be set aside, and the creditor cannot seek to enforce the judgment until that period has expired.

If this does not apply, enforcement will be subject to common law principles, and it will be necessary to sue on the judgment itself in Guernsey. This also applies to judgments that originate in reciprocating countries but are not made in superior courts. The judgment of a foreign court is treated as a debt or liability which can be sued on, with the judgment itself being treated as the cause of action. The only question for consideration by the Royal Court is whether the original court has jurisdiction.

It should be noted that the specifics for service in Guernsey are highly specialized. The Hague Service Convention does not apply to Guernsey since it is not a signatory to the Convention. Thus, it is preferable to ensure that you engage an experienced process service agency like Undisputed Legal since we are up-to-date on the provisions of domestic and international legal structures within the jurisdiction. 

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota| Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras| British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People's Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic| Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea| Kuwait | Latvia | Lithuania | Luxembourg | Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands| New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland | Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia| Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN GUERNSEY

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Guernsey process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. A bill in the United Kingdom is comparable to a French projet de loi, and an act of parliament in one country is equivalent to a law in the other.

2. Ordinances are a common legal form for orders of commencement.

3. Guernsey's de facto leader is the committee's president. 

4. Although empêchment has been around for quite some time, many classic cases are not easily applicable to 21st-century business settings, and the principle's exact boundaries are murky at best.

5. This rule may even apply if the aggrieved person cannot know the underlying legal wrong.

6. In Guernsey's civil courts, ‘jurats’ serve in place of jurors and make up the only fact-finding body. The current number of jurats is 16, all of whom have been selected from among the most respected members of the society.

7. Although it is planned for the future, initiating legal procedures online is currently not feasible.

8. The following do not apply to Guernsey:

  1. Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 2007 (New Lugano Convention)
  2. Brussels Regulation (44/2001).

9. Once the period for the challenge has expired, it can be enforced in the same way as any judgment given by the Royal Court.