LITIGATION

F. Haskins & Co are involved and provide legal services in all areas of litigation, including general, civil, commercial, criminal and family.

With regard to civil litigation conducted before the Royal Court of Guernsey, the procedure is similar to that existing in England and Wales, although the terminology is different. As in England and Wales, the statement of claim is produced by a Plaintiff. In Guernsey this is known as a Cause.

Proceedings are instituted by service of a Summons. Unlike English procedure where a written acknowledgement of service is acceptable, each stage in Guernsey is completed before the Court. The Summons is, therefore, issued returnable before the Court. On the first occasion the action is called before the Court, the Defendant indicates whether the case is to be defended. If the case is to be defended it is inscribed on the Pleading List. The next stage in the proceedings involves a Summons for the filing of defences. Defences in Guernsey are split into sections. "Exceptions" raises preliminary issues such as requests for further and better particulars or matters of law negating a claim. "Niances" is a section indicating those issues which are denied by the Defendant. "Pretensions" indicates those matters which are alleged or claimed by the Defendant.

All preliminary issues and pre-trial matters are resolved before the Court. Once these have been determine the case is placed on the Witness List indicating that it is ready to proceed to trial.

With regard to a trial the same procedure as exists in England and Wales is adopted.