Snapshot: appealing civil judgments in Guernsey

What are the grounds for appealing civil judgments in Guernsey? Can an appeal itself be appealed? And if so, what is the process? 

In this article, Guernsey Dispute Resolution partner Bryan De Verneuil-Smith delves into the process and shares his expertise on some key examples and recent developments.   

Appeals from the Royal Court of Guernsey 

Appeals from the Ordinary Court of Guernsey (Ordinary Court), a division of the Royal Court, proceed to the Court of Appeal under Section 14 of the Court of Appeal (Guernsey) Law, 1961. The Court of Appeal is typically presided over by three judges, but it can be more, depending on the circumstances. The number of judges sitting in the Court of Appeal will, however, always be an uneven number as the Court of Appeal determines outcomes by way of majority. 

An appeal from the Ordinary Court to the Court of Appeal is by way of right when the decision is final and concerns a point of law, or the value of the matter in dispute exceeds £200.  

Leave to appeal is required when appealing an interlocutory order or judgment and necessitates leave being granted by the Ordinary Court or the Court of Appeal. Where leave is required, this should be sought in the first instance from the judge of the Ordinary Court. If refused, it may be possible for the application to be brought before a single judge of the Court of Appeal. Leave to appeal a judgment will usually be granted unless the Ordinary Court or Court of Appeal determines that the appeal has no real prospect of success, though leave may still be granted if the appeal gives rises to an issue that is of public interest. 

An appeal to the Court of Appeal usually takes place by way of a rehearing under the Court of Appeal (Civil Division) (Guernsey) Rules, 1964. The Court of Appeal has the power to make any judgment that it believes ought to have been given and can request that additional evidence is provided if it believes this is necessary. 

The Guernsey appeal process 

The appeal process requires a notice of appeal to be served on all parties affected by the appeal within 28 days of the date upon which the judgment or order of the lower court was pronounced. In some cases, an extension of time is granted by the Court of Appeal or the presiding judge of the Court of Appeal. The notice must set out the ground(s) for appeal and the relief that is being sought after. Within seven days of the notice being served, the appellant is required to set down the appeal by providing the Registrar of the Court of Appeal with a copy of the notice and proof of service of the notice on the parties. Once the appellant has undertaken this step, the Registrar of the Court of Appeal will enter the appeal into the list of appeals. Within two days of the appeal being set down, the appellant is required to notify the parties that the Registrar of the Court of Appeal has set down this appeal.  

The respondent can, if it so wishes, serve a respondent's notice on the appellant and affected parties if the respondent intends to argue in the appeal that the decision (or grounds for the decision) of the Ordinary Court should be varied. The respondent's notice is required to be served within 14 days upon notice of the appellant's appeal. 

Following the above, the appellant must provide the Registrar of the Court of Appeal, within four months of the date that the appeal was set down, with the following: 

• The appeal notice 

• The judgment that is the subject of the appeal 

• Any pleadings from the lower court 

• The transcript of the lower court recording the decision and relevant evidence 

• Any applicable affidavits or depositions 

• A skeleton argument and authorities 

The appellant's skeleton argument and authorities must be served on the respondent within two days of providing the above to the Registrar of the Court of Appeal. 

Finally, before the date of the hearing of the appeal is given, the respondent has one month following service of the skeleton argument by the appellant to provide the Registrar of the Court of Appeal with their skeleton argument and authorities, and two days following this, to serve these documents on the appellant. 

Grounds for appeal in Guernsey 

Under Guernsey law, the grounds for appeal of a civil judgment are of a similar nature to those of other common law jurisdictions. The potential grounds of appeal include the following: 

• Errors of law

• Failure to take account of relevant matters

• Taking into account irrelevant matters 

Appeals from the Court of Appeal 

An appeal from the Court of Appeal proceeds to the Judicial Committee of the Privy Council (JCPC) - the ultimate appeal court in the Bailiwick of Guernsey. 

Contrary to previously established authority in the last decade, the findings in A v R [2018] UKPC 4 and Investec Trust (Guernsey) Limited v Glenalla Properties Limited [2018] UKPC 8, have confirmed that as long as the monetary value of the dispute in question exceeds £500,000, the right to appeal is by way of right. However, it is worth noting that the Guernsey Court of Appeal and the Privy Council can still refuse such an appeal if it is considered to be an abuse of process or is wholly devoid of merit and bound to fail.  

Indeed, in 2024 the JCPC issued new procedural rules (the Judicial Committee (Appellate Jurisdiction) Rules 2024), also resulting in a practice note which introduces a review procedure for full appeals before listing. In summary, it provides that a single Justice will undertake a review and where the appeal is a challenge to the findings of fact, the appeal will be listed for a case management hearing to allow the appellant to make submissions as to why it should not be dismissed. 
 

How Ogier can help 

Ogier’s Dispute Resolution team in Guernsey regularly advises clients in relation to appeals. You can contact a member of the team on +44 1481 721672 or email gsy@ogier.com

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

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