Royal Court (Amendment No. 2) Rules 2006


Royal Court (Amendment No. 2) Rules 2006

Made                                                                        23rd March 2006

Coming into force                                        in accordance with Rule 5

THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of the Royal Court (Jersey) Law 1948[1] and all other powers enabling it in this behalf, has made the following Rules –

1        Interpretation

In these Rules, “principal Rules” means the Royal Court Rules 2004[2].

2        Rule 1/1 amended

In Rule 1/1(1) of the principal Rules, after the definition of “pending list” there shall be inserted the following definition –

“ ‘practice directions’ means directions issued under Rule 20/11;”.

3        Rule 20/9 amended

For paragraphs (2) and (3) of Rule 20/9 of the principal Rules there shall be substituted the following paragraphs –

“(2)    All contracts passed before the Royal Court shall henceforth be in English but in the form that was customary when they were drafted in French.

(3)     In paragraph (2) ‘contracts’ includes anything under which simple contractual hypothecs or rentes are created or reimbursed.

(4)     Practice directions may include for the purposes of paragraph (2) –

(a)     provisions specifying with which expression in French an expression in English is to be taken to correspond; and

(b)     any other requirement or provision necessary or expedient for carrying the directions into effect.

(5)     In paragraph (4)(a) ‘expression’ includes words or phrases.

(6)     An application referred to in Rule 17/3(1)(a), (f), (j) or (k) shall be in English.”.

4        Rule 20/11 inserted

After Rule 20/10 of the principal Rules there shall be inserted the following Rule –

“20/11    Practice directions

The Bailiff may issue directions in exercise of the inherent jurisdiction of the Royal Court to regulate its own process.”.

5        Citation and commencement

(1)     These Rules may be cited as the Royal Court (Amendment No. 2) Rules 2006.

(2)     Rules 1, 2 and 4 shall come into force 7 days after these Rules are made.

(3)     Rule 3 shall, subject to paragraph (5), come into force on 1st June 2006.

(4)     Rule 20/9(2) of the principal Rules (as substituted by these Rules) shall, until 31st October 2006, have effect as if for the word “shall” there were substituted the word “may”.

p. matthews

Deputy Judicial Greffier

 


 



[1]                                    chapter 07.770

[2]                                    chapter 07.770.72


Page Last Updated: 26 Apr 2016