Insolvency & Debt · Guernsey
Find a bankruptcy lawyer in Guernsey who works in Bailiwick law
Guernsey is a Crown Dependency with its own legislature, its own courts and its own body of law — and the lawyers who appear there are Advocates. Tell us what you are facing and we match you with an Advocate who handles that type of work.
- Advocates admitted to the Royal Court of Guernsey
- Insolvency, debt recovery and enforcement matters
- Free matching, first response within 24–48 hours
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A Bailiwick system that works differently from England and Wales
Facing insolvency, unpaid debts or enforcement action in the Bailiwick is a different experience from England and Wales. Guernsey is a Crown Dependency with its own legislature, its own courts and its own body of law, and the professionals who appear before those courts are Advocates, not solicitors or barristers. A bankruptcy lawyer in Guernsey works inside that system every day: the Ordinary Court of the Royal Court exercises the general civil jurisdiction, which includes insolvency, and Jurats sit as judges of fact where facts are in issue. Because Guernsey applies prescription rather than the English law of limitation, time limits behave differently and are substantive rather than procedural. We do not advise you ourselves — we match you, free of charge, with an Advocate who handles the matter you face.
Guernsey in practice
How insolvency and debt work in the Bailiwick of Guernsey
Guernsey is not part of the United Kingdom. It is a Crown Dependency forming part of the Bailiwick of Guernsey, which also comprises Alderney and Sark, and it legislates, litigates and enforces through its own institutions. For anyone dealing with debt or insolvency, the practical consequences are structural, not cosmetic.
Insolvency sits in the Ordinary Court
The Royal Court is the Bailiwick’s principal superior court and its Ordinary Court exercises the general civil jurisdiction, covering commercial, trust, company, insolvency, property and public law. A judge sits with at least two Jurats where facts are in issue, usually three. The judge alone decides questions of law and procedure and determines costs; the Jurats are the judges of fact.
Only Advocates have full rights of audience
Advocacy in Guernsey is a fused profession: an Advocate does the work that solicitors and barristers do in England, instructing and advocating in the same role. Advocates are admitted by the Full Court, take their oath in French and are registered by HM Greffier. Non-advocate lawyers may practise Guernsey law under supervision but must not hold themselves out as Advocates.
Prescription, not limitation
Guernsey law applies prescription, which does not merely bar the remedy but extinguishes the right of action. It is a matter of substantive law rather than procedure, so the English law of limitation finds no direct equivalent in the Bailiwick. Proceedings are commenced, and prescription interrupted, by a summons being handed to HM Sergeant for service on the defendant.
Costs follow the event
Costs follow the event in the English manner and are awarded on the recoverable basis, or on the indemnity basis as a sanction for inappropriate litigation conduct. Recoverable rates are fixed by the Costs and Fees Rules: GBP 351 per hour for Advocates and GBP 235.17 for associates. As these sit below rates actually charged, a successful party typically recovers around 60% to 70% of its spend.
Legal aid and the Green Form scheme
The Guernsey Legal Aid Service, administered by the States of Guernsey, provides free or reduced-cost advice and representation to individuals who cannot otherwise afford an Advocate; companies and groups are excluded. Both a financial means test and a legal merits test must be met. A Green Form scheme allows people of limited means to obtain advice, up to two hours free or with a partial contribution.
Enforcement over land and over debts
Enforcement against Guernsey real property follows a customary procedure known as saisie, dealt with by the Royal Court sitting en Plaids d’Heritage. For money claims, enforcement is carried out by HM Sheriff as the executive officer of the Court once judgment has been obtained, using methods such as an arrest of wages. A judgment given after trial or by consent is enforceable for six years, a default judgment for three.
All figures and procedural statements on this page come from official Guernsey sources — the Royal Court of Guernsey, the States of Guernsey, the Guernsey Bar and the Employment and Equal Opportunities Service — together with published practitioner guidance consulted in 2026.
- Appleby – Legal and Court System in Guernsey: an overview (August 2026)
- Royal Court of Guernsey – The Court System
- Royal Court of Guernsey – Advocates of the Royal Court
- Guernsey Bar (Bailiwick of Guernsey) Law, 2007 (Billet d’Etat No. XXVI, 2007, containing the full text of the Law)
- The Guernsey Bar – Practising Guernsey Law
- Royal Court of Guernsey – The Guernsey Court of Appeal
The problem
Why debt and insolvency matters go wrong in Guernsey
Three traps that catch clients who assume the Bailiwick works like England.
Time limits that extinguish the right
Guernsey applies prescription, which does not merely bar the remedy but extinguishes the right of action, and it is substantive rather than procedural. Waiting to see how matters develop can remove the claim itself, not just the court route.
The wrong kind of representative
Only Advocates of the Royal Court have full rights of audience. Other lawyers may practise Guernsey law under supervision in a firm of Advocates, but they must not hold themselves out as Advocates. Choosing the wrong route can stall your matter.
No English-law shortcut
English case law is persuasive in Guernsey, not binding, and the English law of limitation finds no direct equivalent. Assumptions imported from England can misread how a Bailiwick court will treat your debt, your security or your timetable.
Why use our service
Matched with an Advocate who knows the Bailiwick
We are a matching service, not a law firm. Our job is to put your matter in front of the right Advocate quickly and free of charge.
Matched, not sold
You describe the matter once. We use it to identify Advocates who actually handle insolvency, debt recovery or enforcement work in Guernsey, rather than sending your enquiry to whoever answers first.
Advocates of the Royal Court
Guernsey has a fused profession: the Advocate who advises you is the same person who appears for you. We connect you with practitioners admitted by the Full Court and registered with HM Greffier.
Clear on costs from the start
Costs in Guernsey follow the event and are usually awarded on the recoverable basis, with Advocate rates fixed by the Costs and Fees Rules. Your Advocate explains the practical gap between recoverable rates and actual fees before you commit.
Alive to legal aid
If your means are limited, an Advocate can explain the Guernsey Legal Aid Service, its means and merits tests, and the Green Form scheme. Companies and groups are not eligible, so eligibility is worth checking early.
Also available in
European jurisdictions we cover
If your matter touches more than one jurisdiction — a creditor abroad, assets outside the Bailiwick or a group structure — we can match you elsewhere in Europe as well.
Questions
Frequently asked questions about bankruptcy lawyers in Guernsey
How do I find a bankruptcy lawyer in Guernsey?
Tell us what you are facing — unpaid debts, enforcement action, a dispute with a creditor or insolvency proceedings in the Royal Court — and we match you, free of charge, with an Advocate who handles that kind of work. You stay in control: you speak to the Advocate first, with no obligation to instruct.
Who is allowed to represent me before the Guernsey courts?
Full rights of audience belong to Advocates of the Royal Court, admitted by the Full Court, sworn in French and entered on the Register of Advocates kept by HM Greffier. Because Guernsey has a fused profession, the same Advocate instructs and advocates. Other lawyers may act under the supervision of a firm of Advocates but must not call themselves Advocates.
Is Guernsey law the same as English law?
No. Guernsey is a Crown Dependency and not part of the United Kingdom. Its private law is rooted in Norman customary law, with English common law and English-style statute grafted on for well over a century. English case law is persuasive but not binding, and the English law of limitation has no direct equivalent in the Bailiwick.
What does prescription mean for my claim?
Prescription does not simply bar the remedy; it extinguishes the right of action itself, and it is treated as substantive law rather than procedure. Contractual and tort claims generally prescribe after six years, while personal injury and breach of trust claims prescribe after three. Because the difference matters, an Advocate should review your timing early.
Who pays legal costs in Guernsey proceedings?
Costs follow the event, so the unsuccessful party normally pays. Awards are usually on the recoverable basis, with Advocate rates fixed at GBP 351 per hour under the Costs and Fees Rules — well below what is actually charged — so a successful party typically recovers roughly 60% to 70% of its spend. Disputed entries can go to taxation within one month.
Can I get legal aid for an insolvency matter?
The Guernsey Legal Aid Service, administered by the States of Guernsey, provides free or reduced-cost advice and representation to individuals who cannot otherwise afford an Advocate, but not to companies or groups. Both a means test and a merits test must be satisfied. A certificate covers costs only from the day it is issued, never retrospectively.
Next step
Describe your matter and get matched
Tell us in a few lines what you are dealing with — creditors, a statutory demand type situation, enforcement or a court action in the Bailiwick — and we will put you in touch with an Advocate of the Royal Court who handles it. Free of charge, no obligation, and you speak to the Advocate before deciding anything.