The following Dispute Resolution guidance note Produced in partnership with Mathew Newman and Abby Brown of Ogier provides comprehensive and up to date legal information covering:
The Judgments (Reciprocal Enforcement) (Guernsey) Law 1957—1957 Law
1. Treaties—is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country's approach to entering into these treaties and what, if any, amendments or reservations has your country made to such treaties?
Guernsey has reciprocal arrangements with England, Scotland, Northern Ireland, Isle of Man, Jersey, Italy, Netherlands, Netherlands Antillies, Surinam and Israel. Guernsey is not a signatory to the Brussels or Lugano Conventions.
The States of Guernsey need to be satisfied that reciprocal treatment will be afforded in such jurisdictions to judgments of the Royal Court (and Court of Appeal) and the The Judgments (Reciprocal Enforcement) (Guernsey) Law 1957 (the 1957 Law) (see question 3 below) makes provision for withdrawal of its application if less favourable treatment is given.
2. Intra-state variations—is there uniformity in the law on the enforcement of foreign judgments among different jurisdictions within the country?
See also question 3 below. The 1957 Law applies only to Guernsey and not to the other Islands within the Bailiwick (Alderney, Sark, Herm, Breqhou and Jethou). Enforcement at common law is uniform across the Bailiwick of Guernsey.
3. Sources of law—what are the sources of law regarding the enforcement of foreign judgments?
The substantive law on recognition and enforcement of
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