Litigation
“Litigation” is the word which lawyers use to describe anything which involves proceedings before a Court or Tribunal. There are different types of litigation with which an Advocate can assist.
Criminal litigation
This is where someone is accused of a crime, which may be anything from driving without due care and attention to murder, and the accused person is brought before a Court.
The prosecuting Advocate, responsible for establishing the case against the accused person, will almost always be one of the Advocates employed by the States of Guernsey and working at St. James’ Chambers. An accused person is entitled to be represented by an Advocate if he or she so wishes. In many cases the accused person will be entitled to free representation, or representation at reduced cost, under the Guernsey Legal Aid Scheme.
Matrimonial litigation
As its name suggests, this includes divorce, as well as the financial and child-related issues which typically go with it. It also includes such matters as bringing Court proceedings to obtain maintenance for children, adoption and “care” proceedings.
A matrimonial litigation Advocate will be able to assist with any of these matters. In some cases, someone involved in this type of proceedings may be entitled to free legal representation, or representation at a reduced cost, under the Guernsey Legal Aid Scheme.
Civil litigation
This involves any other matter where a claim is brought before a Court. In most cases, one party is claiming a sum of money from another party, either because the claimant says that the other party has caused him injury (for example, by negligently running him over), broken the terms of a contract, failed to pay a debt or otherwise failed to fulfil an obligation which the other party owes to the claimant.
People who become involved in this type of Court proceedings may be entitled in some circumstances to free legal representation, or representation at a reduced cost, under the Guernsey Legal Aid Scheme.
Because Guernsey is a financial services centre, a very significant amount of the work of the Civil Courts in Guernsey involves financial services related claims. Claims of this type often involve people whose only connection with Guernsey is that they have invested in or are involved with a financial services product which is based here.