En Voyage_Issue#11_Flickbook

Business
CLAMOUR
AND CUSTOM:
GUERNSEY’S UNIQUE
LEGAL SYSTEM
‘Haro! Haro! Haro! A l’aide, mon Prince, on me fait tort!’
Those unfamiliar with Guernsey
law might guess that this
exclamation was shouted by
continental paparazzi at the recent
royal wedding. In fact, they are
words forming part of an ancient
and honourable custom of Guernsey
law: the Clameur de Haro.
The Clameur is a centuries-old
way for the people of Guernsey to
protect their rights and property.
Anyone can use it to stop those
whom they believe act unjustly or
without authority. The aggrieved
person faces the wrong-doer on
bended knee in front of witnesses.
The Clameurer then cries out in
Norman French with arms raised
and hands clasped: “Haro! Haro!
Haro! Help me, my Prince, I am
being wronged!” This is followed
by reciting the Lord’s Prayer and a
grace in Norman French. (The exact
wording of the Clameur varies in
Guernsey, Alderney and Sark). On
hearing these words, the target of
the Clameur must stop what he
or she is doing. The Clameurer
and witnesses then have 24 hours
to appear before the Bailiff, who
decides whether the dispute should
proceed to the Royal Court.
The Clameur de Haro has been
rarely used recently, having fallen
into disuse apart from the occasional
property disputes. In 2010, the
Bailiff refused a Clameur made
by the recipients of an eviction
notice because the sender had
done no wrong. In 2016, the
Bailiff accepted that a Clameur
to stop planners from towing a
vehicle could proceed to court.
Despite its rarity, the Clameur
remains a powerful legal tool. It
has an effect similar to a temporary
injunction, which can be invoked
Chris Dye
Senior Associate
at Babbé LLP
c.dye@babbelegal.com
Tel: +44 1481 746181
at any time without a judge’s prior
approval. For this reason, and
because of the religious and royal
invocations, it is considered a serious
and solemn recourse. Those who
abuse or ignore it can be punished.
Raising Clameur has become a
celebrated part of Guernsey culture.
It is sometimes used as a local
expression to threaten menacing
consequences such as: ‘Quiet down,
children, or I’ll raise Clameur’
While the Clameur de Haro is
rare and dramatic, other points of
Norman law are a routine part of
legal practice in the Bailiwick. In
centuries past, Norman custom was
the everyday law of the Channel
Islands and the French region
of Normandy. When Napoleon
created his Civil Code for the whole
of France, he forbade the use of
customary law in French Normandy.
This left Guernsey and Jersey to
develop Norman law on their own.
As the British Empire became
a dominant force in the world
economy, English law gradually
became more and more important
in Guernsey. Many concepts of
Katherine Hitchins
Partner and Head of Corporate
at Babbé LLP
k.hitchins@babbelegal.com
Tel: +44 1481 746192
English law were adopted in
Guernsey to ease business and
trade. However, many other
rules of English law, such as the
convoluted, medieval rules of
English property ownership, were
never adopted in Guernsey
Today, Guernsey is one of
only a handful of territories in
the world where both common
law and local customary law
apply. Those who simply assume
that English and Guernsey law
are identical sometimes get an
unpleasant surprise. Guernsey
advocates study and practise both
common law and Norman custom,
helping clients to navigate both
legal systems on a daily basis.
While it is not always easy for
outsiders to understand, Guernsey’s
legal system is suited to our
Bailiwick. Guernsey has adopted
useful concepts from both English
and Norman law, often resulting
in simpler and fairer legal rules
for those who live and invest
here. It is a unique institution of
which we can all be proud.
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