Civil Proceedings
(Jersey) Law 1956
Official
Consolidated Version
This is an official
version of consolidated legislation compiled and issued under the authority of
the Legislation (Jersey) Law 2021.
04.200
Showing the law
from 1 January 2019 to Current
Civil Proceedings
(Jersey) Law 1956
A LAW to revise the Law with regard
to the awarding of costs in Civil Proceedings and to extend the jurisdiction of
the Petty Debts Court
Commencement
[see
endnotes]
PART 1
COSTS IN CIVIL PROCEEDINGS
1 Interpretation
In this Part of this Law, the expression “costs”
includes recoverable costs and non-recoverable costs (frais
répétables and frais
non-répétables).
2 Power of Royal Court to
award costs
(1) Subject to the
provisions of this Part and to rules of court made under the Royal Court (Jersey)
Law 1948, the costs of and incidental to all proceedings in the Royal Court
shall be in the discretion of the Court, and the Court shall have full power to
determine by whom and to what extent the costs are to be paid.
(2) On the hearing of any
appeal from the Petty Debts Court, the Royal Court shall have full power to
determine how and by whom the costs of the proceedings in the Royal Court and
in the Petty Debts Court are to be paid.
3 [1]
4 Recovery of costs
Costs ordered to be paid under this Part shall be recoverable as a
civil debt.
5 Saving
Nothing in this Part shall alter the practice in any criminal or
quasi-criminal cause or matter.
PART 2
EXTENSION OF JURISDICTION OF PETTY DEBTS COURT
6 Right to proceed in Royal Court in virtue of judgment obtained in
Petty Debts Court
A creditor who has obtained in the Petty Debts Court a judgment for
a sum exceeding £25 may obtain from the Royal Court, sitting in or out of
term, an order authorizing the Viscount to serve a notice on the judgment
debtor requiring him or her to satisfy the judgment debt within 3 months from
the date of the notice, and where, at the expiration of the said period, the
judgment debtor has neither satisfied the judgment debt nor placed his or her
property under the control of the Royal Court (remis
ses biens entre les mains de la Justice) the
Royal Court may, upon the application of the judgment creditor, adjudge the
personal and real estate of the judgment debtor to be renounced.
PART 3
Citation
7 Citation
This Law may be cited as the Civil Proceedings (Jersey)
Law 1956.