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5. Ordinary Court

Ordinary Court

The Ordinary Court is normally constituted by:

•     a single Judge of law, this being either the Bailiff, the Deputy Bailiff, a Judge of the Royal Court, or a Lieutenant Bailiff; and,
•     a minimum of two Jurats, although the court normally sits with three.

In some circumstances, a Judge will sit alone in the Ordinary Court without Jurats. A Judge may sit alone in those cases where legislation allows and also where not less than one of the parties considers, with the Judges agreement, that the case should be dealt with without the presence of the Jurats. A Judge may also sit alone to deal with non-contentious matters or to deal with other procedural matters.

Criminal Jurisdiction of the Ordinary Court
The Ordinary Court will deal with criminal matters originating in Alderney or Sark where the trial of offences by, or sentencing powers of, the respective Courts in those Islands are beyond their competences. The Ordinary Court will hear such cases, provided that the charge is not so serious as to require trial before the Full Court.

Civil Jurisdiction of the Ordinary Court
The Ordinary Court deals with all original civil business beyond the competence of the Magistrate's Court and a wide range of other matters, including:

•     property disputes and the seizure and sale of property
•     actions for debt or damages
•     forfeiture of money applications
•     company liquidations
•     guardianships
•     adoptions
•     evictions
•     liquor licence and al fresco applications
•     terre mises a l'amende applications
•     the swearing-in of Parish Officials and Police Officers

The Court also deals with appeals in civil matters from the Courts in Alderney and Sark.

Applicants in Person (AiP)

Rule 90 of The Royal Court Civil Rules, 2007 makes provision for applicants to present their applications in Court without the requirement of Advocates being present; however it should be noted that Greffe staff and Judges are unable to give applicants in person (AiP) legal advice. Any AiP who is unsure of their legal position in a matter should seek the advice of an advocate prior to commencing the application.

The relevant forms can be downloaded via the tabs below. Please note that applications cannot be made online at present. Applications must be submitted to the Public Counter at the Royal Court, or by post, (with the exception of Liquor Licensing which is submitted to Sir Charles Frossard House) along with payment for the application. Payment can be made by credit/debit card, cheque, or cash.

The following applications can be made by AiP:
1.    Action for Debt or Damage (claims over £10,000)
2.    Evictions
3.    Enduring Powers of Attorney
4.    Guardianship
5.    Permission to Sell Property (By Guardian)
6.    Terres Mises A L'Amende
7.    Reciprocal Judgments
8.    Liquor Licensing  
9.    Administation Orders

Copies of the forms can also be downloaded under the Forms link in the left hand column or can be obtained from the Greffe counter at the Royal Court House.

Please note that the Greffe's role is to impartially assist members of the Guernsey Bar and self-representing parties on behalf of the Court. It is, therefore, not possible for it to interpose itself in the relationship between parties. In order to safeguard the formal position of the Greffe as an impartial facilitator for all sides in matters before the Court, we are unable to comment or advise on the appropriate course of action on your matter. Consequently you may wish to consider the following; discussing any issues with the other party, to seek legal advice, approach Citizens Advice or address the issues raised at a court hearing.