Dispute resolution: another positive for Guernsey PLC

This article first appeared in Aurigny's En Voyage magazine, June 2025.

Stability and agility. Experience and innovation. Opportunity and growth. These aspects of Guernsey are well known, and I would make the case for one more.

For an economy to be firing on all cylinders, it is not just the legal framework for deal-making that is important. Investors, businesses and individuals need to know that when there is a problem, it can be solved properly, fairly and swiftly.

It is the Court system, the judges and Guernsey's array of legal practitioners that provide much of this dimension.

From the Bailiff through to the hardworking Court administration staff, Guernsey's Courts have dealt with significant and sizeable cases that would draw attention even amongst the biggest cases of London's Commercial and Chancery Courts. Furthermore, the roster of Advocates across the jurisdiction is impressive, being a role that, for those with an English background, combines the work of a 'solicitor' and 'barrister'. 

Qualifying as an Advocate is a rigorous process, involving three key requirements. An 'Aspirant' will first qualify as a solicitor or barrister in England & Wales, Northern Ireland or Scotland. Generally, they will then study with the Université de Caen Normandie and pass oral examinations to obtain the 'Certificat d'Etudes Juridiques Françaises et Normandes'. Finally, they must pass the extremely rigorous Guernsey Bar Exams.

The range of firms and quality of practitioners in Guernsey is a testament to the hard-fought and continuous problem-solving capability of its adversarial system – which is supported by this demanding process of qualification, as well as Guernsey's close links with the English Bar and the UK judiciary. Indeed, from the Royal Court, appeals are heard by the Court of Appeal (whose judges include eminent King's Counsel, as well as judges from the courts of the other Crown Dependencies and the Bailiff), followed by the Judicial Committee of the Privy Council.

Carey Olsen's dispute resolution team is consistently ranked as 'Tier 1' in both major legal directories, and has leading Advocates across all aspects of its practice. The team:

• Currently acts in a leading regulatory case that may significantly impact the regulatory enforcement process here in Guernsey;
• Successfully acted in all three Court appeals of decisions by the Guernsey Competition and Regulatory Authority;
• Advised the liquidators in relation to the largest liquidation-related claim passing through the Guernsey Courts in recent times; and
• Acts in many of the key trust-related cases.

Guernsey must continue to fire on all cylinders, and, in a time of global transformation, a jurisdiction that can offer innovation and opportunity – alongside stability in the form of a mature and robust legal system – is a very attractive place to conduct business. As Guernsey's reputation continues to grow worldwide, this important consideration should not be underestimated.