Civil Procedure Code at Guernsey (Crown Dependency)
In Guernsey, the civil procedure is governed by the Royal Court Civil Rules 2007 (RCCRs), which provide a comprehensive framework for initiating and managing civil litigation. These rules aim to ensure that cases are handled justly, expeditiously, and proportionately, with an emphasis on active case management and cost efficiency. (Full Court - Royal Court, A brief summary of the Royal Court of Guernsey's rules on Civil Procedure | Ogier)
🧾 Commencing Civil Proceedings
To initiate a civil action, the plaintiff must:
Issue a Summons: This document specifies the date and time (usually Friday at 9:30 AM) when the plaintiff intends to table the Cause before the Royal Court. It must be served on the defendant at least two clear days before the hearing. (Snapshot: Starting Civil Proceedings In Guernsey - Civil Law - Litigation, Mediation & Arbitration - Guernsey)
Table a Cause: At the scheduled hearing, the plaintiff presents a Cause, detailing the material facts and the relief sought. The defendant must indicate whether they intend to defend the claim and provide an address for service within Guernsey. (A Brief Summary Of The Royal Court Of Guernsey’s Rules On Civil Procedure - Offshore Financial Centres - Wealth Management - Guernsey)
If the defendant fails to appear and the Cause has been properly served, the court may grant judgment in default, including interest and costs. (Snapshot: Starting Civil Proceedings In Guernsey - Civil Law - Litigation, Mediation & Arbitration - Guernsey)
📄 Pleadings and Case Progression
Defence Submission: The defendant must file their defences within 28 days of the action being listed on the "Rôle des Causes à Plaider" (Pleadings List). This period can be extended up to three months with mutual consent. (A Brief Summary Of The Royal Court Of Guernsey’s Rules On Civil Procedure - Offshore Financial Centres - Wealth Management - Guernsey)
Witness List: Once defences are filed, the case moves to the "Rôle des Causes en Preuve" (Witness List), and a case management conference is typically scheduled. (A Brief Summary Of The Royal Court Of Guernsey’s Rules On Civil Procedure - Offshore Financial Centres - Wealth Management - Guernsey)
Case Management: The court actively manages cases, setting timetables, encouraging alternative dispute resolution, and ensuring efficient progression. (A brief summary of the Royal Court of Guernsey's rules on Civil Procedure | Ogier)
⚖️ Trial and Judgment
Trial Composition: Civil cases may be heard by a single judge or by a judge sitting with jurats (lay assessors), depending on the nature of the case and court directions. (A brief summary of the Royal Court of Guernsey's rules on Civil Procedure | Ogier)
Summary Judgment: A party may apply for summary judgment if they believe the opposing party has no real prospect of success. (A Guide To Civil Proceedings In Guernsey - Civil Law - Guernsey)
Judgment in Default: If the defendant fails to file defences within the prescribed time, the plaintiff may seek judgment in default. (A Brief Summary Of The Royal Court Of Guernsey’s Rules On Civil Procedure - Offshore Financial Centres - Wealth Management - Guernsey)
💰 Costs and Offers to Settle
Cost Orders: The court may order a party to pay the costs of a hearing or application, with a summary assessment of costs conducted at the conclusion of the hearing. (A Brief Summary Of The Royal Court Of Guernsey’s Rules On Civil Procedure - Offshore Financial Centres - Wealth Management - Guernsey)
Offers to Settle: Parties may make offers to settle, which the court considers when determining costs. The specifics of such offers must be disclosed to the court. (A brief summary of the Royal Court of Guernsey's rules on Civil Procedure | Ogier)
📚 Accessing the Rules
The full text of the Royal Court Civil Rules 2007 is available on the official Guernsey Legal Resources website. (Full Court - Royal Court) (Full Court - Royal Court)
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