Royal Court
(Amendment No. 8) Rules 2009
Made 19th January 2009
Coming into force 1st
February 2009
THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 13
of the Royal Court (Jersey) Law 1948[1], has made the following
Rules –
1 Interpretation
In these Rules “principal Rules”
means the Royal Court Rules 2004[2].
2 Part
5 amended
For paragraph (1) of Rule 5/10 of the principal Rules,
there shall be substituted the following paragraph –
“(1) If a document is required to
be served personally but, on an ex parte
application –
(a) it appears to the Court that it is
impracticable to effect personal service; or
(b) for any other reason the Court considers it
appropriate to order substituted service,
the Court may grant leave to
effect substituted service of the document.”.
3 Part
12 amended
(1) After
paragraph (1) of Rule 12/3 of the principal Rules there shall be
inserted the following paragraph –
“(1A) The power to tax costs under paragraph (1)
includes the power to tax by way of summary assessment the costs of or arising
out of any interlocutory application.”.
(2) After
paragraph (3) of Rule 12/3 of the principal Rules there shall be inserted
the following paragraphs –
“(4) When costs are liable under
paragraph (2) to payment forthwith and have been taxed by the Greffier,
the amount thereof is recoverable as a judgment debt and, accordingly,
Rule 11/3 shall apply.
(5) Costs shall not be taken to have been taxed
for the purposes of paragraph (4) until any appeal against the taxation
has been finally determined or until the time has expired within which such an
appeal may be lodged and none has been.”.
(3) After
Rule 12/13 of the principal Rules there shall be inserted the following
Rule –
“12/13A Taxation
by way of summary assessment
The mode of proceeding in
relation to taxation by way of a summary assessment of costs under
Rule 12/3(1A) shall be specified in practice directions issued in
accordance with Rule 12/14.”.
(4) In
Rule 12/14, for the words “scales of fixed costs” there shall
be substituted the words “rates and scales of recoverable costs”.
4 Part
17 amended
(1) For
sub-paragraph (b) of Rule 17/3(1) of the principal Rules there shall
be substituted the following sub-paragraph –
“(b) the hearing and determination
of an application for the registration of a power of attorney or of an
instrument revoking or abandoning a power of attorney;”.
(2) After
paragraph (2) of Rule 17/3 of the principal Rules, there shall be
inserted the following paragraph –
“(3) A power of attorney, for the
purposes of Rule 17/3(1)(b) –
(a) includes a power of attorney given outside
Jersey that is not revoked by the subsequent legal incapacity of the donor; but
(b) does not include a power of attorney
(wherever given) naming an attorney without whom the donor may not act in
respect of moveable or immoveable property.”.
5 Citation
and commencement
These Rules may be cited as the Royal Court (Amendment No. 8)
Rules 2009 and shall come into force on 1st February 2009.
j.g.p. wheeler
Master of the Royal Court