Island Life   

    the community website serving the Channel Islands                                                                               celebrating 14 years 2000 - 2014

 

 

 

Legal System


Laws of Alderney

The channel Islands have been part of the Duchy of Normandy since 933AD and a possession of the English Crown since 1066. The local laws not surprisingly have their base in the customary (or Coutume) law of Normandy and customary law continued to develop after the Napoleonic era, when they were scrapped in France. The laws of Property and Inheritance remain continue to reflect their Norman origins

As the 19th century came to an end, the islands increasingly looked toward the English legal system for guidance. 

In the late 20th century, much legislation was passed based on International principles such as for anti-money laundering. 

Clameur de Haro

Unique to the Channel Islands, the Clameur de Haro is thought to have originally been a plea to Rollo,  the Viking Duke of Normandy. 

The petitioner must fall to his/her knees before two witnesses and state in French to the Duke, that a wrong-doing has occurred. The Lord's prayer is then recited in French and the Clameur registered before the Bailiff within 24 hours, or be guilty of contempt of court. Once registered at the Greffe, the petitioner has a year and a day to start a Royal Court action. The Clameur will normally act as a Prevention order during that period.

The Clameur was last used in Guernsey on 30 March 2000 when in a packed conveyancing court, Paul Moed blocked a property sale which he claimed was prejudicial and detrimental to his rights. It was previously raised in 1997. In Alderney, it was last used in 1998.

Court

The Court of Alderney deals with all civil matters and is consists of six Jurats (from the Latin 'jurare', to swear as on an oath)  - mainly well respected senior members of the community, and a Chairman.

The Royal Court in Guernsey deals with Appeals and thereafter cases can be referred to the Channel Islands' Court of Appeal, comprising of the Bailiffs of Guernsey and Jersey and several leading Queen's Counsel. . The final appeal is to the Privy Council Judicial Committee.

Advocates

Alderney like the other Channel Islands has lawyers known as Advocates who combine the role of barrister and solicitor. They must have qualified in England and passed the local Bar examination. They must also have successfully studied at the University of Caen for a minimum period of six months.

 
 
 
 
 
 

  

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