Babbé LLP
Foreign enforcement Guernsey Babbé

Briefing Note: Enforcement of Foreign Judgments in Guernsey

6 Min Read

The Bailiwick of Guernsey is aCrown Dependency.  It has its own parliament, laws, and court system and therefore only judgments of the courts of the Bailiwick are enforceable in the jurisdiction, without a further process to be undertaken.

With respect to foreign judgments, Guernsey has two routes by which such judgments can be enforced within the Bailiwick: a statutory scheme underThe Judgments (Reciprocal Enforcement) (Guernsey) Law, 1957 (the Enforcement Law), theStatutory Route or via the application of common law, the Common Law Route.

Statutory Route

There are ten reciprocating jurisdictions under the Enforcement Law, and only judgments issued by the prescribed courts of each of the following jurisdictions can utilise the Statutory Route: 

  • England and Wales – the Supreme Court of the United Kingdom and the Senior Courts of England and Wales (excluding the Crown Court)
  • Scotland – the Court of Session and the Sheriff Court
  • Northern Ireland – the Court of Judicature of Northern Ireland
  • Bailiwick of Jersey – the Royal Court of Jersey and the Court of Appeal of Jersey
  • The Isle of Man – the High Court of Justice of the Isle of Man
  • State of Israel – the Supreme Court, the District Courts, Rabbinical Courts, Moslem Religious Courts, Christian Religious Courts and Druze Religious Courts
  • The Netherlands – the Hoge Raad der Nederlanden, the Gerechtshoven and the Arrondissementsrecht-banken
  • The Netherlands Antilles – the Hoge Raad der Nederlanden, the Hof van Justitie der Nederlandse Antillen and the Gerecht in Eerste Aanleg
  • Italy – the Corte d’Apello and the Tribunale
  • Suriname – the Hof van Justitie van Suriname, the Kantongerecht in het Eerste Kanton and the Kantongerecht in het Derde Kanton

Additionally, for a foreign judgment to be enforceable, it must also meet the following additional criteria:

  • the judgment must be final and conclusive between the parties (notwithstanding that an appeal may be pending against it or that it might be subject to appeal)
  • It must be for a monetary amount but cannot be related to taxes, fines or other civil penalties
  • the original court must have had jurisdiction to give judgment
  • the judgment has not been wholly satisfied
  • the application to register the foreign judgment must be made within six years of the date of the judgment from the original court

Procedure

The application for registration is initially determined ex parte (without notice to the judgment debtor) to the Royal Court of Guernsey with an affidavit exhibiting a certified copy of the original judgment authenticated by the court seal (and with an authenticated translation as necessary). The affidavit must also confirm that the judgment creditor is entitled to enforce the judgment, that it remains unsatisfied and enforceable in the original jurisdiction and the monetary amount due (including interest). 

Challenges to registration

If the Royal Court grants registration, a notice is then served on the judgment debtor via His Majesty’s Sergeant.  The judgment debtor can apply to the Royal Court to seek the registration be set aside and any application must be made within 14 days of service of the notice of registration.

The registered judgment will be set aside if the Royal Court is satisfied that any of the following apply:

  • the Enforcement Law does not apply to the foreign judgment
  • the original country did not have jurisdiction
  • the judgment debtor did not receive sufficient notice of the proceedings, to enable them to defend the proceedings, in the original court
  • the original judgment was obtained by fraud
  • enforcement of the judgment would be contrary to the public policy of Guernsey

The Enforcement Law sets out the circumstances in which the original court shall be deemed to have had jurisdiction.

If the court action was in personam (an action against a legal person e.g. a contractual dispute), the original court shall be deemed to have jurisdiction under the Enforcement Law if the judgment debtor:

  • submitted to the jurisdiction of the original court, by voluntarily appearing in the proceedings in person or by counsel (other than for protective purposes – e.g. contesting jurisdiction) or submitted to the jurisdiction before the proceedings commenced
  • was a plaintiff, or counter-claimed in proceedings before the original court
  • was a resident or had its principal place of business in the country of the original court when the proceedings were commenced; or
  • as a defendant, had an office or place of business in the country of the original court and the proceedings were in respect of a transaction effected through or at that office or place.

If the action was in rem (an action against a specific asset e.g. a claim of ownership of a property), the original court shall be deemed to have jurisdiction, if the property in question was at the time of proceedings located within the jurisdiction of the original court.

For judgments in other types of actions, the original court will be deemed to have jurisdiction if the jurisdiction of the original court is recognised by the law of Guernsey.

Following the expiration of the period to challenge registration (or the determination of any challenge), the original judgment is treated (for the purposes of enforcement) as if it were a judgment of the Royal Court.

Common Law Route

Where the judgment is from a jurisdiction not prescribed under the Enforcement Law (or it is not from a prescribed court within a reciprocating jurisdictions), it may be recognised in Guernsey under the Common Law Route.

At common law, the original judgment (for a monetary amount) will be treated as a debt and can be pursued as a civil liability (for failing to pay the original judgment) in the Royal Court. As the failure to comply with the original judgment is in effect treated as the cause of action, there is no need for a further trial. If the judgment debtor wishes to contest the original judgment, they must do that through the appeal process in the original jurisdiction and not before the Royal Court. Challenges to registration are the same as those under the Statutory Route.

As with judgments registered under the Enforcement Law, once the judgment has been registered under the Common Law Route, the judgment is treated as if it were a judgment of the Royal Court.

If you have any questions about enforcing foreign judgments in Guernsey, please do not hesitate to contact Advocate Todd McGuffin (Partner, Head of Disputes & Risk), Advocate Nick Howell (Senior Associate) or Tillie Graham (Associate) at Babbé LLP.

Share this blog post