Guernsey Legal Resources

    It is essential that in the Seneschal’s Court in Sark, the Seneschal investigate the whole history of a case and deal with matters in chronological order. As he sits alone and is not usually a qualified lawyer, advocates have a duty to work together to identify which issues he has to decide, and to prepare and present the case in such a way that he can come to a reasonable decision, e.g. by ensuring that pleadings adequately set out the material facts of a case and by filing defences. The Seneschal’s conclusions cannot be considered satisfactory if the appellant’s case is not fully and properly argued (de Carteret v. Surcouf, Royal Ct., September 24th, 1999, unreported (noted at (1999), 29 GLJ 128), dicta of Carey, Bailiff applied).