Insolvency & Liquidation · Guernsey
Find liquidation lawyers in Guernsey who know the Royal Court
Insolvency work in the Bailiwick runs through the Ordinary Court of the Royal Court of Guernsey, where the same Advocate advises you and appears for you. Tell us what has happened and we will match you with a specialist for a free first conversation.
- Advocates of the Royal Court with full rights of audience
- Early guidance on prescription, which extinguishes the right of action
- Free, no-obligation matching, usually within 24–48 hours
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Insolvency in the Bailiwick
What liquidation work in Guernsey actually involves
Guernsey is a Crown Dependency, not part of the United Kingdom, and it has its own legislature, courts and body of law. Company and insolvency matters fall within the general civil jurisdiction of the Ordinary Court of the Royal Court of Guernsey, which sits with a judge and, where facts are in issue, at least two Jurats. Because advocacy here is a fused profession, the liquidation lawyers in Guernsey you instruct will usually both advise you and appear for you — you do not brief a separate court advocate. Guernsey law also applies prescription rather than English limitation, and prescription extinguishes the right of action rather than merely barring the remedy. This page explains how the framework works and how our free matching service connects you with an Advocate who handles insolvency work.
Local framework
How liquidation and insolvency matters work in Guernsey
The Bailiwick’s insolvency work is handled inside a legal system that is neither English nor French but a distinct mixture of both. Its courts, its profession and its rules on time limits all work differently from what a UK-based director or creditor might expect.
Where insolvency cases are heard
Guernsey is a Crown Dependency with its own legislature, the States of Deliberation, its own courts and its own body of law. The Ordinary Court of the Royal Court exercises the general civil jurisdiction, covering commercial, trust, company, insolvency, property and public law. It sits with a judge and, where facts are in issue, at least two Jurats, who decide the facts.
Advocates: one profession, both roles
Lawyers with full rights of audience are Advocates of the Royal Court, admitted by the Full Court after meeting cumulative requirements and taking the oath in French. Advocacy is fused: an Advocate instructs and appears in court. All Advocates are members of The Guernsey Bar, a statutory body, and are officers of the Court whose primary duty is to the Court.
Prescription, not limitation
Guernsey has no direct equivalent of the English law of limitation. It applies prescription, which does not merely bar the remedy but extinguishes the right of action, and which is a matter of substantive law rather than procedure. Contractual and tort claims generally carry six years from accrual, while breach of trust claims carry three years from knowledge.
What costs recovery looks like
Advocates bill clients by hourly rates. Guernsey’s Costs and Fees Rules fix recoverable rates — GBP 351 per hour for Advocates and GBP 235.17 for associates — which sit well below the rates actually charged, so a successful party typically recovers around 60% to 70% of its legal spend. Costs follow the event.
Legal aid and its limits
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. Legal aid is not available to companies or groups of people. A Green Form scheme allows limited advice and assistance and can support an application for a certificate.
Enforcement: saisie and the Sheriff
Enforcement against Guernsey real property follows the customary procedure known as saisie, dealt with by the Royal Court sitting en Plaids d’Heritage rather than by English-style execution. For money claims, HM Sheriff acts as the Court’s executive officer once judgment is obtained, using methods such as an arrest of wages. Proceedings begin, and prescription is interrupted, by a summons handed to HM Sergeant.
The country information on this page is drawn from official Guernsey sources — the Royal Court of Guernsey, The Guernsey Bar and the States of Guernsey — together with published Guernsey practitioner guidance consulted in 2026.
- The Legal and Court System in Guernsey — Appleby
- Advocates of the Royal Court — Royal Court of Guernsey
- The Guernsey Bar — statutory body of Advocates
- Collas Crill explains: prescription
- Time limits: how Guernsey’s prescription rules differ from English limitation — Bedell Cristin
- Evictions — Royal Court of Guernsey
- Court of Appeal practice and time limits — Royal Court of Guernsey
- Guernsey Legal Aid Service — Royal Court of Guernsey
Why it is not straightforward
Three things that slow insolvency matters down in the Bailiwick
Most delays come from assumptions carried over from English practice, not from the substance of the dispute.
Cross-border structures, local rules
Guernsey companies, trusts and funds frequently sit inside international groups. The Bailiwick is not part of the United Kingdom, so English assumptions about limitation, procedure and enforcement do not automatically carry across.
Finding the right Advocate
Insolvency work sits in the Ordinary Court of the Royal Court, and Guernsey’s fused profession means the Advocate who advises you also appears for you. Choosing someone with genuine company and insolvency experience matters.
Costs that are hard to predict
Advocates bill by hourly rates, and Guernsey’s recoverable rates are capped well below what is actually charged. Contingency fees and damages-based agreements are prohibited under the Guernsey Bar Rules, so funding has to be planned in advance.
How we help
What our free matching service gives you
You describe the matter once; we do the comparison and put you in front of the right Advocate.
Matched with an Advocate, not a call centre
Every enquiry is reviewed by people who understand the Bailiwick’s courts. We introduce you to an Advocate of the Royal Court who handles the kind of insolvency matter you have.
A free first conversation
Matching costs you nothing and carries no obligation to instruct. You decide whether to proceed once you have discussed scope, approach and likely timetable with the Advocate.
Prescription raised early
Because prescription extinguishes the right of action rather than merely barring the remedy, timing is not a detail. We help you ask the right deadline questions at first contact rather than afterwards.
A panel built for cross-border work
Guernsey’s economy is dominated by banking, investment funds, trusts and private client work, so we look for advisers used to structures and counterparties spread across several jurisdictions.
Other jurisdictions
Where else we match clients with lawyers
The Bailiwick sits alongside other European and Crown Dependency jurisdictions, each with its own courts and its own approach to insolvency.
Questions
Frequently asked questions about liquidation in Guernsey
Which court in Guernsey hears liquidation and insolvency matters?
The Ordinary Court of the Royal Court of Guernsey exercises the general civil jurisdiction, which covers commercial, trust, company, insolvency, property and public law matters. It sits with a judge and, where facts are in issue, at least two Jurats, who are the judges of fact. Appeals lie to the Guernsey Court of Appeal and ultimately to the Judicial Committee of the Privy Council.
Do I need to instruct both a solicitor and a barrister in Guernsey?
No. Advocacy in Guernsey is a fused profession: an Advocate of the Royal Court performs in effect the roles that solicitors and barristers perform in England, acting both as instructing lawyer and as court advocate. The liquidation lawyers in Guernsey you brief will normally advise you and represent you in the same firm.
How long do I have to bring a claim in Guernsey?
Guernsey applies prescription rather than limitation, and prescription extinguishes the right of action rather than merely barring the remedy. Contractual and tort claims generally carry six years from accrual, breach of trust claims three years from knowledge, and personal injury claims three years from accrual or from the claimant’s date of knowledge.
Can a company obtain legal aid in Guernsey?
No. The Guernsey Legal Aid Service provides free or reduced-cost advice and representation to private individuals who cannot otherwise afford an Advocate, and legal aid is not available to companies or groups of people. Directors facing personal exposure may qualify as individuals, subject to the financial means test and the legal merits test.
How are legal fees and costs recovery handled in Guernsey?
Advocates bill their clients by hourly rates. Guernsey’s Costs and Fees Rules fix recoverable rates — GBP 351 per hour for Advocates and GBP 235.17 for associates — which are substantially lower than the rates actually charged, so a successful party typically recovers around 60% to 70% of its legal spend. Costs follow the event.
Is Guernsey law the same as English law?
No. Guernsey is a Crown Dependency with its own legislature and its own courts, and English case law is persuasive but not binding. The core of its private law is Norman customary law, onto which English common law and English-style statutes have been grafted, so English assumptions about procedure and time limits should not be carried over.
Next step
Tell us about your Guernsey matter
Describe the situation in a few lines — the company or structure involved, the counterparty and what you need to achieve. We compare our panel and put you in touch with an Advocate who handles insolvency and liquidation work in Guernsey, at no cost to you.