Royal Court (Amendment No. 8) Rules 2009

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

 


 



[1]                                    chapter 07.770

[2]                                    chapter 07.770.72


Page Last Updated: 25 Apr 2016