COMMON LAW AND STATUTE LAW IN GIBRALTAR

The legal system of Gibraltar is based on the common and statute law of England. In 1962 the English Law (Application) Ordinance was passed declaring the extent to which English law is in force in Gibraltar. The common law and the rules of equity from time to time in force in England apply to Gibraltar subject to any modifications or exclusions made by Her Majesty in Council, an act of Parliament or an Ordinance passed by the House of Assembly in Gibraltar. In all causes or matters in which there is any conflict or variance between the common law and the rules of equity with reference to the same subject, the rules of equity prevail. The Ordinance further lists in its schedule the statute law of England which applies to Gibraltar.

Whilst the legal system is based on that of England the statute law has developed differently insofar as the House of Assembly has enacted and ammended laws to suit Gibraltar's own particular requirements. This can be seen in particular areas such as landlord and tenant law as regards the protection of the right of all Gibraltarians to a secure home balanced against the need for the development of Gibraltar as an offshore finance center. As well as the security of a legal system based on the common law and statute law of England, Gibraltar's lawyers and accountants are trained in the United Kingdom.