Civil law in Solomon Islands

Solomon Islands has no single comprehensive civil code confirmed in the current legal materials. Civil claims are governed by the Constitution of Solomon Islands 1978, Acts and subsidiary legislation, UK general-application Acts that remained in force on 1 January 1961, common law and equity, and customary law. Common law develops through court decisions, while equity supplies additional principles of fairness and relief. Constitution Schedule 3 applies common law and equity unless the Constitution or an Act changes the result, the rule is unsuitable for Solomon Islands, or it conflicts with customary law. Customary law forms part of the law subject to the Constitution and Acts. The subject includes contracts and agreements, secured interests in movable property, negligence and other civil wrongs, land and leases, family relationships, adoption, guardianship, maintenance, protection orders, wills, probate, inheritance and enforcement of judgments. The Secured Transactions Act 2008 replaced the former Bill of Sales system and provides for creating and registering security interests in movable property. Arbitration is available under the Arbitration Act, with High Court supervision and enforcement, and court rules also provide for mediation. Land requires a separate analysis. Registered land is handled through the Registrar of Titles and the land registry, with instruments such as transfers, leases, charges, easements, caveats and rights of way. Customary land is governed through customary ownership and usage under the Land and Titles Act and Customary Land Records Act. A person who is not a Solomon Islander generally cannot hold an interest in customary land, subject to statutory exceptions including some marriage and inheritance situations. A future lease exceeding 21 years is ineffective, and registration is required for a lease dealing. Some dealings may also require consent from a lessor or charge-holder. Registration, surveying, valuation, stamp duties and professional services create separate costs, and registry or land-adjudication timing depends on the matter. The High Court has civil jurisdiction over legal matters except matters of custom. The Court of Appeal hears civil appeals from the High Court and other appeals provided by law. The Magistrates’ Court handles matters including contract and tort claims, landlord-tenant disputes, injunctions, guardianship, custody and interpleader. Its civil money jurisdiction varies by level: ordinary personal suits generally reach SBD 20,000, a Principal Magistrate may reach SBD 50,000, and the limit may reach SBD 100,000 where the parties agree. Local Courts handle local and customary matters, particularly customary-land disputes. A customary-land appeal normally proceeds from the Local Court to the Customary Land Appeal Court within three months, and then to the High Court within three months only on an error of law or procedure. The Civil Procedure Rules 2007 have applied since 1 March 2008. They cover claims, parties, service, disclosure, evidence, mediation, default judgment, injunctions, arbitration applications, appeals and enforcement. A summons generally requires personal service. A person can approach a court registry or clerk, engage private counsel or seek assistance from the Public Solicitor’s Office. The Public Solicitor’s Office provides free legal aid, advice or representation to financially disadvantaged people according to factors such as financial circumstances, the type of problem, age, disability and communication needs. It operates weekly Honiara clinics for civil, family and land matters and has provincial offices or court circuits. Assistance is not automatic representation in every case. Family matters may follow formal or customary pathways. Religious, District Registrar and customary marriages are recognized under the Islanders’ Marriage Act, while an unregistered customary marriage may be dissolved or separated according to customary law. The Magistrates’ Court can deal with affiliation, separation, maintenance, custody and related orders. Under the Family Protection Act 2014, a Magistrates’ Court can issue civil protection orders, and an authorized justice can issue an interim order. Police may issue a safety notice lasting 21 days, renewable once for a further maximum of 21 days. Child protection cases involve the Social Welfare Division and the High Court or Magistrates’ Court; a child means a person under 18, and an interim care or protection order can last up to three months from its date. Inheritance is governed by the Wills, Probate and Administration Act. The process can involve a will or codicil, probate, letters of administration, a personal representative, the Public Trustee and the Registrar General’s Office. The Act addresses intestacy, succession to movable and immovable property, adopted and illegitimate children, and family provision for spouses and children. Customary land succession follows current customary usage and does not automatically follow the rules for registered title. The Registrar General’s Office records births, marriages and deaths and provides access to relevant probate records. Its Honiara office operates from 8:00 to 16:30, and forms may need to be obtained directly. Civil liability generally relies on common-law torts such as negligence, trespass, conversion, nuisance, defamation and damages. The Motor Vehicles (Third-Party Insurance) Act requires third-party risk insurance through a licensed insurer, but insurance rules do not automatically remove a private civil claim. Personal-injury, money and property claims may be taken to the Public Solicitor’s Office Civil Unit. Limitation periods depend on the particular claim and Act, so no single period applies to every civil action. Judgment enforcement may involve the Sheriff, bailiffs and court clerks. Available measures include money orders, debt or earnings redirection, charging orders, seizure and sale of personal or real property, examination hearings, possession of land and enforcement of non-money orders. A Magistrates’ Court can order instalments and, where the statutory conditions are proved, imprisonment for up to six weeks for refusal or neglect despite means to pay. It generally considers seizure of real property only after personal property is insufficient. Foreign judgments may be registered under the Foreign Judgments (Reciprocal Enforcement) Act and the Civil Procedure Rules. Court fees, legal fees, mediation or arbitration costs and enforcement expenses vary by procedure. Examples of published public fees include SBD 5 for certification and SBD 20 for a statutory declaration; current court, land and registry tariffs should be checked for the specific transaction.