Insolvency · Guernsey
Find trusted insolvency lawyers in Guernsey
Guernsey insolvency work is handled by Advocates of the Royal Court who advise and appear in the same case. Tell us what you are facing and we match you with a specialist for a first, no-obligation conversation.
- Advocates admitted to the Royal Court of Guernsey
- Insolvency, trust, company and property disputes
- Free matching, no obligation to instruct
Free matching. No obligation to instruct.
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Before you instruct
How insolvency work is handled in Guernsey
If a company, director or creditor in Guernsey is facing financial distress, the first practical question is who may act for you before the Royal Court. Guernsey is a Crown Dependency with its own legislature, its own courts and its own body of law, and insolvency sits within the general civil jurisdiction of the Ordinary Court. Insolvency lawyers in Guernsey are Advocates of the Royal Court, a fused profession that both advises and appears. On this page we explain how the jurisdiction is structured, which prescription periods can affect claims connected to an insolvency, what costs recovery looks like, and how our free matching service puts you in touch with an Advocate who handles this area.
Guernsey in detail
What makes Guernsey insolvency practice different
Insolvency in Guernsey is argued in an English-speaking court that applies a mixed body of law built on Norman customary law, with English common law and English-style statute grafted on top. Because banking, funds, trusts and private client work dominate the economy, corporate, finance and trust litigation is unusually concentrated for a jurisdiction of this size.
A Bailiwick with three jurisdictions
Guernsey is not part of the United Kingdom: it is a Crown Dependency within the Bailiwick of Guernsey, which also comprises Alderney and Sark. The States of Deliberation legislates for the Bailiwick, but Alderney and Sark keep their own first-instance courts applying their own law. Advocates of the Royal Court are admitted to practise the laws of Guernsey, Alderney and Sark throughout the Bailiwick.
Where insolvency matters are heard
The Ordinary Court of the Royal Court exercises the general civil jurisdiction, including commercial, trust, company and insolvency work. It sits with a judge and, where facts are in issue, at least two Jurats, usually three. The judge alone decides law, procedure and costs; the Jurats are the judges of fact. Appeals lie to the Guernsey Court of Appeal, and ultimately to the Judicial Committee of the Privy Council.
One profession, not two
Advocacy in Guernsey is fused: an Advocate performs in effect the roles that solicitors and barristers perform in England, acting both as instructing lawyer and as court advocate, and Advocates are officers of the Royal Court. Non-advocate lawyers may practise Guernsey law while employed or supervised by a firm of Advocates, but must not hold themselves out as Advocates and must state the jurisdiction in which they are qualified.
Costs and what you can recover
Advocates bill by hourly rates, and recoverable rates are capped by the Costs and Fees Rules at GBP 351 per hour for Advocates and GBP 235.17 for associates with effect from 1 January 2026. Because those rates sit below what is actually charged, a successful party typically recovers around 60% to 70% of its legal spend. Costs normally follow the event.
Funding rules you should know
Under the Guernsey Bar Rules, contingency or success fee arrangements and damages-based agreements are prohibited, while third-party litigation funding is permitted. Where a costs order is made, the receiving party serves a bill of costs, and a paying party who disputes entries may apply to the Royal Court for taxation within one month, before a Taxation Master.
Legal aid and enforcement
The Guernsey Legal Aid Service provides free or reduced-cost advice and representation to private individuals who cannot otherwise afford an Advocate, subject to a means test and a merits test — but it is not available to companies or groups of people. For money claims, enforcement is carried out by HM Sheriff; enforcement against Guernsey real property follows the customary procedure known as saisie.
All figures and deadlines on this page are taken from official Guernsey and Bailiwick sources — the Royal Court of Guernsey, The Guernsey Bar and the States of Guernsey — together with published practitioner guides consulted in 2026.
Common problems
What clients bring to us
Insolvency situations in Guernsey raise questions that are specific to the Bailiwick, and the answers are not the same as in England.
You are unsure who may act
Rights of audience belong to Advocates of the Royal Court, and non-advocate lawyers may only practise Guernsey law under supervision. Knowing who may advise, sign and appear from the outset avoids wasted steps.
Deadlines do not work as in England
Guernsey applies prescription rather than limitation: the right of action may be extinguished, not merely barred. Breach of trust claims, for example, run for three years from the date the claimant first had knowledge.
Costs are difficult to predict
Advocates bill hourly while recoverable rates are capped below what is charged, so a successful party typically recovers roughly 60% to 70% of its actual spend. Public legal aid is not available to companies.
Why use the service
Matching you with the right Guernsey Advocate
We do not practise law and we do not advise on your case. We identify which Advocate is suited to it.
Insolvency focus
We match you with Advocates who work on corporate and personal insolvency, creditor claims and the trust and company disputes that frequently sit alongside them in Guernsey.
Bailiwick coverage
Advocates of the Royal Court are admitted throughout the Bailiwick, so the same practitioner can deal with Guernsey matters and questions arising in Alderney or Sark.
Free and non-binding
Using the service costs you nothing and places you under no obligation to instruct. You decide whether to proceed once you have spoken to the Advocate.
One clear first step
Describe your situation once and we pass it to a specialist. You avoid calling firm after firm trying to work out who handles insolvency work.
Also available in
European jurisdictions we cover
The same matching service operates across Europe, so you can find specialist advice whether your matter is in Guernsey or elsewhere.
Questions
Insolvency in Guernsey: frequent questions
Do I need an Advocate rather than a solicitor for insolvency work in Guernsey?
Full rights of audience belong to Advocates of the Royal Court, and advocacy in Guernsey is a fused profession, so the same person instructs and appears. Non-advocate lawyers may practise Guernsey law while employed or supervised by a firm of Advocates, but must not hold themselves out as Advocates and must state the jurisdiction in which they are qualified.
How do I choose among insolvency lawyers in Guernsey?
Look at whether the Advocate regularly appears in the Ordinary Court of the Royal Court, which exercises the general civil jurisdiction including insolvency, and whether the firm can also cover linked trust, company or property issues. Our matching service is free and puts you in contact with a specialist for your situation.
Which court deals with insolvency matters in Guernsey?
Insolvency falls within the general civil jurisdiction of the Ordinary Court of the Royal Court, which sits with a judge and, where facts are in issue, at least two Jurats, usually three. The judge decides law, procedure and costs, while the Jurats are the judges of fact. Appeals go to the Guernsey Court of Appeal.
Does Guernsey prescription affect claims arising in an insolvency?
It can. Contractual and tort claims generally prescribe six years from accrual, personal injury claims three years, and breach of trust claims three years from the date the claimant first had knowledge of the breach. Prescription in Guernsey is substantive law and extinguishes the right of action rather than merely barring the remedy.
Can a company obtain legal aid in Guernsey for insolvency litigation?
No. The Guernsey Legal Aid Service assists private individuals who cannot otherwise afford an Advocate, and legal aid is not available to companies or groups of people. A company or its officers therefore need to consider private funding, which is why understanding costs recovery matters before proceedings start.
Can a Guernsey Advocate act on a success fee or no-win-no-fee basis?
Under the Guernsey Bar Rules, contingency or success fee arrangements and damages-based agreements are prohibited, although third-party litigation funding is permitted. Costs normally follow the event, and recoverable rates are capped by the Costs and Fees Rules below the rates actually charged, so a successful party typically recovers around 60% to 70% of its spend.
Next step
Tell us about your Guernsey insolvency matter
Describe your situation in a few lines. We match you with an Advocate of the Royal Court who handles insolvency work, and you decide whether to instruct. The matching service is free and places you under no obligation.