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- 1 Should I apply to an ordinary civil court or to a specialised court (for example an employment labour court)?
- 2 Where the ordinary civil courts have jurisdiction (i.e. these are the courts which have responsibility for such cases) how can I find out which one I should apply to?
- 3 Where specialised courts have jurisdiction how can I find out which one I have to address?
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1 Should I apply to an ordinary civil court or to a specialised court (for example an employment labour court)?
Most cases involving civil or commercial matters should be initiated in the Supreme Court of Gibraltar. The Supreme Court is divided into various jurisdictions but due to Gibraltar’s size, there is only one registry. (The Magistrates Court has a limited jurisdiction in some family matters.)
For some matters relating to employment law, your case can be brought before the Industrial Tribunal. Other specialist tribunals are set up in areas such as mental health, income tax appeals and social security appeals.
Further guidance can be obtained from the Supreme Court Registry, 277 Main Street, Gibraltar, telephone number (+350) 200 75608.
2 Where the ordinary civil courts have jurisdiction (i.e. these are the courts which have responsibility for such cases) how can I find out which one I should apply to?
2.1 Is there a distinction between lower and higher ordinary civil courts (for example district courts as lower courts and regional courts as higher courts) and if so which one is competent for my case?
Principally it is only the Supreme Court of Gibraltar which deals with civil matters. (The Magistrates Court has a limited jurisdiction in some family matters.)
2.2 Territorial jurisdiction (is the court of city/town A or of city/town B competent for my case?)
2.2.1 The basic rule of territorial jurisdiction
Due to Gibraltar's size, the issue of internal territorial jurisdiction does not arise.
2.2.2 Exceptions to the basic rule
2.2.2.1 When can I choose between the court in the place where the defendant lives (court determined by the application of the basic rule) and another court?
There is only one Supreme Court in Gibraltar.
2.2.2.2 When do I have to choose a court other than that in the place where the defendant lives (court determined by the application of the basic rule)?
There is only one Supreme Court in Gibraltar.
2.2.2.3 Can the parties themselves attribute jurisdiction to a court that would not be competent otherwise?
There is only one Supreme Court in Gibraltar.
3 Where specialised courts have jurisdiction how can I find out which one I have to address?
Specialist tribunals are set up by statute. You should obtain advice from a local solicitor of from the Citizens Advice Bureau if you think you can bring a claim in a specialist tribunal.
Last update:
01/04/2019
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