Jersey Law 30/1956
CIVIL PROCEEDINGS (JERSEY) LAW, 1956.
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1 Interpretation
2 Power
of Royal Court to Award Costs
3 Power
of Petty Debts Court to Award Costs
4 Recovery
of Costs
5 Saving
6 Repeal
7 Extension
of Jurisdiction
8 Recoverable
Costs
9 Right
to Proceed in Royal Court in Virtue of Judgement Obtained in Petty Debts Court
10 Commencement
11 Short
Title
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, sanctioned by Order of Her
Majesty in Council of the
19th day of DECEMBER, 1956.
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(Registered on the 26th day of January, 1957).
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STATES OF JERSEY.
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The 21st day of
September, 1956.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
PART I
COSTS IN
CIVIL PROCEEDINGS
ARTICLE 1
INTERPRETATION
In this Part of this Law, the expression “costs”
includes recoverable costs and non-recoverable costs (“frais
répétables” and “frais
non-répétables”).
ARTICLE 2
POWER OF ROYAL COURT TO AWARD COSTS
(1) Subject
to the provisions of this Part of this Law 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) No
appeal shall lie from an order of the Royal Court as to costs only which are
left to its discretion except with the leave of the court making the order.
(3) 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.
ARTICLE 3
POWER OF PETTY DEBTS COURT TO AWARD COSTS
(1) On
the hearing of an action in the Petty Debts Court, the Court shall have power
in its discretion to make such order as to costs –
(a) where judgement is given for
the plaintiff, to be paid by the defendant to the plaintiff;
(b) where the defendant is
discharged (“déchargé” or
“renvoyé”) from the action, to be paid by the plaintiff to
the defendant;
as it thinks just and reasonable:
Provided that, on any application for an order for the periodical
payment of money, or for the revocation, revival, alteration or variation of
such an order, or for the enforcement of such an order, the Court may, whatever
adjudication it makes, order either party to pay the whole or any part of the
other’s costs.
(2) The
amount of any sum ordered to be paid under this Article shall be specified in
the Act of the Court:
Provided that it shall not be necessary to specify the amount of
the costs commonly known as “frais repetables”.
ARTICLE 4
RECOVERY OF COSTS
Costs ordered to be paid under this Part of this Law shall be
recoverable as a civil debt.
ARTICLE 5
SAVING
Nothing in this Part of this Law shall alter the practice in any
criminal or quasi-criminal cause or matter.
ARTICLE 6
REPEAL
Sub-paragraph (iv) of Article 2 and sub-paragraph (iv) of Article 3
of the Separation and Maintenance Orders (Jersey) Law, 1953, are hereby repealed.
PART II
EXTENSION OF JURISDICTION OF PETTY
DEBTS COURT
ARTICLE 7
EXTENSION OF JURISDICTION
(1) In
the “Règlement modifiant la Procédure devant la Cour pour
le Recouvrement de Menues Dettes”, confirmed by Order of Her Majesty in
Council, dated 3rd August, 1867, for the
words “dix livres sterling”, wherever those words occur, there
shall be substituted the words “cent livres”.
(2) In
the “Loi sur la Cour pour le Recouvrement de Menues Dettes”,
confirmed by Order of Her Majesty in Council, dated 9th May, 1891, as amended, for the words “vingt-cinq livres
sterling”, wherever those words occur, there shall be substituted the
words “cent livres”.
ARTICLE 8
RECOVERABLE COSTS
For Article 24 of the “Loi sur la Cour pour le Recouvrement
de Menues Dettes”, confirmed by Order of Her Majesty in Council, dated
9th May, 1891, as amended, there
shall be substituted the following Article –
“ARTICLE 24
Les frais
répétables dans les causes traitées devant cette Cour
seront comme suit –
(a) les honoraires du
Département du Vicomte et du Département du Greffe Judiciaire;
(b) les honoraires des
avocats et des écrivains en ce qui touche l’écriture de billes,
billets, lettres d’instructions au Vicomte, plaidoiries, ordres
provisoires et copies des réclamations annexées aux ordres
provisoires;
(c) les honoraires du
prevot et le journal des témoins, dont le montant sera reglé par
le Nombre Supérieur de la Cour Royale agissant de concert avec le
Juge.”
ARTICLE 9
RIGHT TO PROCEED IN ROYAL COURT IN VIRTUE
OF JUDGEMENT OBTAINED IN PETTY DEBTS COURT
A creditor who has obtained in the Petty Debts Court a judgement
for a sum exceeding twenty-five pounds may obtain from the Royal Court, sitting
in or out of term, an order authorizing the Viscount to serve a notice on the
judgement debtor requiring him to satisfy the judgement debt within three
months from the date of the notice, and where, at the expiration of the said
period, the judgement debtor has neither satisfied the judgement debt nor
placed his 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 judgement creditor, adjudge the personal and real estate of
the judgement debtor to be renounced.
PART III
COMMENCEMENT AND SHORT TITLE
ARTICLE 10
COMMENCEMENT
This Law shall come into force on such day as the States may by Act
appoint.
ARTICLE 11
SHORT TITLE
This Law may be cited as the Civil Proceedings (Jersey) Law, 1956.
To be printed, published and posted.
F. DE L. BOIS,
Greffier of the States.