Intellectual property · Guernsey
Find an intellectual property lawyer in Guernsey
Guernsey has its own law, its own courts and its own profession of Advocates. We explain how intellectual property work is handled in the Bailiwick and match you with an Advocate of the Royal Court whose practice covers your matter.
- Advocates of the Royal Court, admitted for the whole Bailiwick
- Guernsey prescription rules, not English limitation periods
- Free, no-obligation matching with a first response in 24–48 hours
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Intellectual property in Guernsey
How intellectual property work is handled in the Bailiwick
If your brand, designs, software or creative work are being copied, licensed or challenged in the Bailiwick, you need advice on how the law actually works here. Guernsey is a Crown Dependency with its own legislature, its own courts and its own body of law, so an intellectual property lawyer in Guernsey will not simply apply English rules by default. Advocates of the Royal Court practise the laws of Guernsey, Alderney and Sark, and they handle both the advisory work and the advocacy. Tell us what has happened — a dispute, a licensing question, a filing or a threatened claim — and we match you, free of charge, with a lawyer whose practice covers your type of intellectual property matter.
Local framework
What makes Guernsey different for intellectual property matters
Intellectual property work in Guernsey sits inside a legal system that is not English law. These are the structural points that most often surprise clients, followed by the deadlines that matter once a claim has to be brought.
A Crown Dependency with its own law
Guernsey is not part of the United Kingdom. It is a Crown Dependency within the Bailiwick of Guernsey, which also comprises Alderney and Sark, with its own legislature, courts and body of law. The system is mixed: Norman customary law forms the core of private law, with English common law and statute grafted on. English case law is persuasive but not binding, and court terminology remains French.
One profession: Advocates of the Royal Court
Advocacy in Guernsey is fused: an Advocate performs the roles that a solicitor and a barrister perform in England, both instructing and appearing in court. All Advocates are members of the Guernsey Bar by law, are admitted by the Royal Court and take their oath in French. Lawyers qualified in other jurisdictions may practise under supervision but must not hold themselves out as Advocates.
Where a dispute is heard
Civil claims in Guernsey start either in the Magistrate’s Court, which handles debt and damages claims up to GBP 10,000, or in the Royal Court, whose Ordinary Court exercises general civil jurisdiction over commercial, company, trust and property matters. The judge decides law, procedure and costs; where facts are in issue, Jurats are the judges of fact. Appeals go to the Guernsey Court of Appeal.
Prescription, not limitation
Guernsey does not use the English law of limitation. It applies prescription, which extinguishes the right of action rather than merely barring the remedy, and which is a matter of substantive law. Contractual and tort claims are generally prescribed after six years, breach of trust claims three years from knowledge, and personal injury claims three years. Interrupting prescription depends on a summons being served.
Costs, funding and legal aid
Advocates bill by hourly rates, and the rates recoverable from the losing party are capped by Guernsey’s Costs and Fees Rules — GBP 351 per hour for an Advocate from 1 January 2026. A successful party typically recovers around 60% to 70% of its actual spend. Costs follow the event; contingency and success fees are prohibited; third-party funding is permitted; and legal aid is not available to companies.
A finance centre with international reach
Banking, funds, trusts and private client work dominate the Guernsey economy, so corporate, fiduciary and finance litigation is unusually concentrated for an island of its size. If intellectual property is held through a Guernsey structure, or licensed across borders, that context matters: your Advocate weighs the trust, company and contractual questions alongside the intellectual property issue itself.
Every deadline and figure on this page is taken from published Guernsey official sources and practitioner material, current as at 2026, and none of it is a substitute for advice on your own facts.
- The Legal and Court System in Guernsey — Appleby
- Advocates of the Royal Court — Guernsey Royal Court
- The Guernsey Bar
- Collas Crill explains prescription
- Defamation and reputation management, Guernsey — Chambers
- Prescription and limitation — when should you bring a claim? — Ferbrache & Farrell
- Time limits: how Guernsey’s prescription rules differ from English limitation — Bedell Cristin
- Claims against estates in Guernsey — Bedell Cristin
- Matrimonial Causes — Guernsey Royal Court
- Evictions — Guernsey Royal Court
- Rent control — States of Guernsey
- Court of Appeal — Guernsey Royal Court
- Legal Aid — Guernsey Royal Court
Why clients hesitate
The three things that go wrong first
Intellectual property problems in the Bailiwick usually begin with the same avoidable mistakes.
You assume English law applies
Guernsey is not England, yet most guidance available online assumes English statutes and English limitation periods. Starting from the wrong rulebook can damage a claim long before anyone argues the merits.
You cannot tell who is entitled to act
Only Advocates of the Royal Court hold full rights of audience in the Bailiwick, and lawyers qualified elsewhere must state the jurisdiction they are qualified in. Choosing the wrong representative creates delay and unnecessary risk.
The deadlines are quiet and unforgiving
Guernsey prescription can extinguish your right of action rather than merely bar the remedy, and the periods differ from the English ones. Assuming a letter or a negotiation has paused the clock is not a strategy.
How we help
Matching built for the Bailiwick
We are not a law firm. We introduce you to the right Advocate and explain the framework you are operating in.
Advocates, not generalists
We match you with Advocates of the Royal Court who are members of the Guernsey Bar and practise the laws of the Bailiwick, including Alderney and Sark.
Guernsey-specific timelines
Your first conversation covers prescription and which period is likely to apply to your matter, so you understand your position before costs begin to build.
Costs you can plan around
Guernsey caps the hourly rate recoverable from a losing party, and Advocates bill by the hour. You will know how the fee structure works before you commit to anything.
One form, one match
Tell us once about your trade mark, copyright, design, licensing or confidentiality issue. We route the enquiry to a lawyer whose practice fits it, at no cost to you.
Nearby and relevant
Instructions often come from
Guernsey sits between the United Kingdom, France and the other Crown Dependencies, and much of its cross-border work reaches the island through the jurisdictions below.
Questions
Intellectual property in Guernsey: common questions
Do I need an intellectual property lawyer in Guernsey, or can I keep using my UK adviser?
No one says you must change, but Guernsey is a Crown Dependency with its own courts and its own body of law, and English case law is only persuasive there. The lawyers who appear before the Guernsey courts are Advocates of the Royal Court, admitted for the whole Bailiwick, including Alderney and Sark. Many of them also take cross-border instructions.
How long do I have to start an intellectual property claim in Guernsey?
Guernsey applies prescription rather than the English law of limitation, and prescription extinguishes the right of action rather than merely barring the remedy. Contractual and tort claims are generally prescribed six years after the cause of action accrues; breach of trust claims three years from the claimant’s knowledge; personal injury claims three years. Because it is substantive law, it is taken seriously from the outset.
Which court hears a dispute of this kind in Guernsey?
Civil work begins either in the Magistrate’s Court, for debt and damages claims up to GBP 10,000, or in the Royal Court, whose Ordinary Court exercises general civil jurisdiction over commercial, company, trust and property matters. The judge decides law, procedure and costs, while Jurats are the judges of fact where facts are in issue.
What does it cost to instruct an Advocate in Guernsey?
Advocates bill by the hour. Guernsey’s Costs and Fees Rules cap the rate a successful party can recover — GBP 351 per hour for an Advocate from 1 January 2026 — so recovery typically runs at around 60% to 70% of actual spend. Contingency and success fee arrangements are prohibited, although third-party litigation funding is permitted.
Can a company obtain legal aid in Guernsey?
No. The Guernsey Legal Aid Service assists private individuals who cannot otherwise afford an Advocate, and it is not available to companies or to groups of people. An application must satisfy both a financial means test and a legal merits test, and a certificate covers costs only from the date it is issued.
Must I travel to Guernsey to instruct a lawyer there?
Not necessarily for the early stages: instructions are frequently taken by telephone, email or video before any hearing date is fixed. Where a matter does reach the Royal Court, an Advocate of the Royal Court holds the right of audience. We explain at matching stage what your matter is likely to involve.
Free matching
Tell us about your intellectual property matter
Describe your situation in a short form — what is happening, which rights are involved and where you are based. We compare it with the practices of Advocates and specialist lawyers who work on Guernsey matters and introduce you to one of them. The introduction costs you nothing.