Guernsey Legal Resources

    Under Sark customary law, appeals from the Seneschal’s Court have to be instituted by notice within 40 days of the giving of judgment (Le Mesurier v. de Carteret, Cour des Jugements et Records, July 2nd, 1700, unreported, applied). Whether or not the Seneschal has the power to abridge that period—and to abridge it to 28 days would not be manifestly unreasonable—the principles of fairness and natural justice require that he may not do so without giving the parties a chance to be heard or without giving reasons for his decision to do so. It is doubtful whether the Seneschal would have the power to extend the time period if the notice of appeal were given after the expiry of the time period he had decided upon, but, in the absence of written rules to the contrary, the Royal Court has the power to extend the time period if no application has been made to the Seneschal to do so.

    There is a general understanding between advocates that documents may be served on their offices by e-mail, fax or hand delivery, but advocates would be well advised to clarify the acceptability of these methods of delivery with other advocates in order to avoid doubts as to service, especially in Sark.