"Qui ast d'appellations et doleances en matieres civiles, a sortir devant les juges sujets a la cour

M. Le Marchant dealt with appeals and doleances, and in so doing stated as follows:-

"Et notez, selon le coustumier, distinguant entre doleance et appel, qu'appel est prins communement pour appel sur une sentence definitive, et doleance pour appel sur une sentence interlocutoire, es cas ou il est permis l'interjecter."

This distinction between appeals from final judgments and doleances from interlocutory judgments does not appear to have been maintained as a matter of practice to the present day. Further, it appears that doleances have not been presented to the Royal Court within the memory of those now in practice at the Guernsey Bar. Thus it may well be that this remedy no longer has any place in the jurisprudence of Guernsey. However our decision on other issues does not require us to reach a final conclusion on this aspect.

This being said, we were referred among others to three authorities in jurisdictions where the Doleance had been used as a means of introducing a form of judicial review. We refer first to the Jersey case of In the Matter of the Doleance of Harbours and Airport Committee (1991) JLR p.316.