Guernsey Legal Resources

    Under the Law Reform (Miscellaneous Provisions) (Guernsey) Law 1987, an Act of Court ordering that a counterclaim be placed on the pleading list may, with leave of the court, be registered in the Livre des Hypothèques, Actes de Cour et Obligations. The effect of registration is to create a charge over the respondent’s interest in any Guernsey property, which takes priority over subsequent charges. If the property concerned is jointly owned by the respondent and another party, the other party may be given leave to intervene in the suit (Channel Islands Cream Liqueurs Ltd. v. Woods (1992), 13 GLJ 56, followed).

    A claim for a declaration in a counterclaim which is, by Act of Court, placed on the pleading list is a valid form of substantive relief. The Act of Court can be registered notwithstanding that no other relief is sought, and whether or not there is a claim for any consequential relief (costs being included in this term). However, a claim which is in essence a mere claim for costs cannot in itself found a cause of action and may not, of itself, be the subject of registration.

    The court, taking into account all the circumstances, may make whatever order is needed to meet the ends of justice in a given case, whether for registration or revocation—and its discretion to revoke a registration is not limited to frivolous or vexatious claims (Moed v. Cockram, C.A., Civil App. Nos. 267 and 272, July 23rd, 1999, unreported, followed).