Petty Debts Court
Rules 2004
Made 29th April 2004
Coming into force 1st
June 2004
THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 11 of
the Royal Court
(Jersey) Law 1948,[1] Article 2 of the Law Reform (Miscellaneous
Provisions) (Jersey) Law 1967,[2] and Article 8 of the Service of Process and Taking of
Evidence (Jersey) Law 1960,[3] and of all other powers enabling
it in this behalf, orders as follows –
1 Interpretation
(1) In
these Rules –
“the Claim Summary” means the document containing a summary of the claim in the
general form which was previously customary on the billet;
“the Court” means the Petty Debts Court or (except in Rules 5, 6, 8, 10,
21, 22, 23, 24, 25, 26, 27, 28, 29, 31 (4), (5), (6) and (7), 36, 40, 41 and
42) the Greffier;
“file”
means file with the Greffier and “filed” shall be construed
accordingly;
“the Greffier” means the Judicial Greffier;
“the Judge” means the Judge of the Court;
“judgment by default” means any judgment which is given against a party to
proceedings in his absence;
“month”
means a calendar month where it appears in any judgment, order, direction or
other document forming part of any proceedings in the Court, unless the context
otherwise requires;
“originating summons” means a summons which commences proceedings;
“proceedings” means any proceedings in the Court however commenced and
includes any judgment by default.
(2) A
reference in these Rules to an enactment is a reference to that enactment as
amended by any subsequent enactment.
2 Reckoning
periods of time
(1) Any
period of time fixed by rules of court or by any judgment, order or direction
for doing any act shall be reckoned in accordance with the following provisions
of this Rule.
(2) Where
the act is required to be done within a specified period after or from a
specified date, the period begins immediately after that date.
(3) Where
the act is required to be done within or not less than a specified period
before a specified date, the period ends immediately before that date.
(4) Where
the act is required to be done a specified number of clear days before or after
a specified date at least that number of days must intervene between the day on
which the act is done and that date.
(5) Where,
apart from this paragraph, the period in question, being a period of seven days
or less would include a Saturday, Sunday, public holiday or bank holiday,
Christmas Day or Good Friday, that day shall be excluded.
(6) In
paragraph (5) of this Rule “public holiday” and “bank
holiday” means a day appointed to be observed as a public holiday or as a
bank holiday under the Public Holidays and
Bank Holidays (Jersey) Law 1951.[4]
3 Extension
of time in respect of days when the offices of the Viscount or the Greffier are
closed
Where the time prescribed by rules of court, or by any judgment,
order or direction, for doing any act before the Greffier or at the offices of
the Viscount or the Greffier expires on a Sunday or other day on which those
offices are closed, and by reason thereof that act cannot be done on that day,
the act shall be in time if done on the next day on which those offices are
open.
4 Power
to extend and abridge time
(1) The
Court or the Viscount may, on such terms as it or he thinks just, by order
extend or abridge the period within which a person is required or authorised by
rules of court, or by any judgment, order or direction, to do any act in any
proceedings.
(2) The
Court or the Viscount may extend any such period as is referred to in paragraph (1)
of this Rule although the application for extension is not made until after the
expiration of that period.
(3) The
period within which a person is required by rules of court, or by any order or
direction, to serve, file or amend any pleading or other document may be
extended by consent (given in writing) without an order being made for that
purpose.
5 Divisions
of the Court
(1) There
shall be the following divisions of the Court, namely –
(a) Civil
Claims Division;
(b) Tenancy
Division; and
(c) Family
Division.
(2) The
jurisdiction of the Tenancy Division is the determination of –
(a) actions brought under Article 2 or 3 of
the “Loi (1946) concernant l’expulsion des
locataires réfractaires”[5];
(b) actions
brought under Article 1(2) of the Petty
Debts Court (Miscellaneous Provisions) (Jersey) Law 2000;[6] and
(c) claims
for arrears of rent or for damages in lieu of rent brought together with an
action under sub-paragraph (a) or (b) of this paragraph of this Rule.
(3) The
jurisdiction of the Family Division is the determination of –
(a) proceedings
brought under the Separation and
Maintenance Orders (Jersey) Law 1953;[7] and
(b) proceedings
brought under the Maintenance Orders
(Facilities for Enforcement) (Jersey) Law 2000.[8]
(4) The
jurisdiction of the Civil Claims Division is the determination of all matters
within the jurisdiction of the Petty Debts Court which are not within the
jurisdiction of the Tenancy Division or the Family Division.
6 Proceedings
by and against minors
(1) A
minor may commence, prosecute, defend, intervene in, or make any application
in, any proceedings before the Court by a guardian ad litem appointed for that
purpose.
(2) An
application for the appointment of a guardian ad litem may be made ex parte to
the Court or the Greffier in chambers, and where such application is made by a
minor it shall be made through his next friend.
7 Form
of originating summons
(1) Every
originating summons shall –
(a) specify
the date upon which appearance is required;
(b) specify
the plaintiff’s address for service in the Island; and
(c) specify
any claim for interest which the plaintiff may intend to make.
(2) Every
originating summons in the Civil Claims Division shall –
(a) in
an action in which general damages are claimed, include a statement of the
quantification of the said general damages;
(b) specify
the total sum of the claim, interest, stamp duty and costs claimed by the
plaintiff as at the date of the first hearing in the proceedings; and
(c) be
in the appropriate form set out in the Schedule to these Rules or in a form
substantially to the like effect.
8 Address
for service
(1) If
a plaintiff shall fail to give an address for service in the Island in
accordance with Rule 7(1)(b) of these Rules but has at any time been
legally represented in relation to the proceedings, his address for service
shall be the address of his last advocate or solicitor.
(2) Every
defendant who appears personally or through an advocate or solicitor before the
Court in proceedings that are not then concluded shall give an address for
service in the Island, provided that, if he fails to do so, but has at any time
been legally represented in relation to the proceedings, his address for
service shall be the address of his last advocate or solicitor.
9 Service
of documents generally
Except where rules of court or any other enactment otherwise
expressly provide, or the Court otherwise orders, service of any document in
any proceedings before the Court may be effected by personal service or
ordinary service.
10 Personal
service - when required
Subject to the terms of Rules 16, 17 and 18 of these Rules, personal
service is required in the case of the following originating summonses for
appearance before the Court, that is to say, a summons –
(a) to
reply to an action brought under Article 2 or 3 of the “Loi (1946) concernant l’expulsion des
locataires réfractaires”;[9]
(b) to
reply to proceedings brought under the Separation
and Maintenance Orders (Jersey) Law 1953;[10]
(c) to
appear before the Court pursuant to Article 10 of the Maintenance Orders (Facilities for Enforcement)
(Jersey) Law 2000;[11] and
(d) to
reply to an action brought under Article 1(2) of the Petty Debts Court (Miscellaneous Provisions)
(Jersey) Law 2000[12] to seek the cancellation (“résolution”) of a contract of lease of an immovable or any interest in
an immovable.
11 Service
through the intermediary of the Viscount’s Department – when
required
Service through the intermediary of the Viscount’s Department is
required –
(a) where
personal service is required; and
(b) in
the case of a summons to witness the confirmation of an arrest.
12 Ordinary
service – how effected
(1) Subject
to the provisions of paragraph (4) of this Rule, ordinary service of a
document is effected in the case of an individual –
(a) by
leaving it at the last known address or last known place of business of the
person to be served; or
(b) by
sending it by ordinary post to the last known address or last known place of
business of the person to be served; or
(c) by
leaving it at the business address of the advocate or solicitor (if any) who
has undertaken in writing to accept service on behalf of the person to be
served in the proceedings in connection with which service of the document in
question is to be effected; or
(d) in
such other manner as the Court may direct.
(2) Subject
to the provisions of paragraph (4) of this Rule, ordinary service of a document
is effected in the case of a body corporate –
(a) by
leaving it at the registered or principal office of the body; or
(b) by
sending it by ordinary post to the registered or principal office of the body;
or
(c) by
leaving it at the last known place of business of the body to be served; or
(d) by
sending it by ordinary post to the last known place of business of the body to
be served; or
(e) by
leaving it at the business address of the advocate or solicitor (if any) who
has undertaken in writing to accept service on behalf of the body to be served
in the proceedings in connection with which service of the document in question
is to be effected; or
(f) in
such other manner as the Court may direct.
(3) Without
prejudice to the provisions of Article 12 of the Interpretation (Jersey) Law 1954,[13] a document sent by post to
an address within the Island shall, unless the contrary is proved, be deemed to
have been served on the second day after the day on which it was posted, days
on which there is no collection or delivery of letters excepted.
(4) Where
the plaintiff is a litigant in person, ordinary service shall be effected
through the intermediary of the Greffier at the Magistrate’s Court
Greffe. The summons and Claim Summary together with an appropriately stamped
and addressed envelope shall be delivered to the Greffier not later than three
o’clock in the afternoon of the last working day before the last working
day on which a summons can validly be sent by post to an address within the
Island in accordance with the terms of paragraph (3) of this Rule and Rule 21
(which will normally be the penultimate Friday before the Wednesday on which
the defendant is to appear) (hereinafter referred to as “the last
litigants in person day”). The Greffier shall countersign the summons and
record the posting thereof.
Provided that if the last litigants in person day shall fall on the
last day for the tabling of proceedings for any sitting of the Petty Debts
Court, as set out in Rule 22, then the last litigants in person day shall
be the working day before.
13 Personal
service – how effected
Personal service of a document is effected by leaving it with the
person to be served.
14 Personal
service on body corporate
Personal service of a document on a body corporate may, in cases
where provision is not otherwise made by any enactment, be effected by leaving
it with the president or chairman, or secretary, treasurer or other similar
officer thereof, or by leaving it at or delivering it to the registered office
of the body.
15 Personal
service on the States or a Committee or other administration of the States
Personal service of a document on the States or a Committee or other
administration of the States may, in cases where provision is not otherwise
made by any enactment, be effected by leaving it with the Greffier of the
States.
16 Substituted
service
(1) If,
in the case of any document which by virtue of any provision of rules of court
is required to be served personally on any person, it appears to the Court that
it is impracticable for any reason to serve that document personally on that
person, the Court may make an order for substituted service of that document.
(2) An
application for an order for substituted service shall be made by affidavit
stating the facts on which the application is founded.
(3) An
order giving leave to effect substituted service of a document which requires
the person to be served to appear before the Court shall specify the date on
which the appearance is required.
(4) Substituted
service of a document, in relation to which an order is made under this Rule,
is effected by taking such steps as the Court may direct to bring the document
to the notice of the person to be served.
17 Service
of process on agent of oversea principal
(1) Where
the Court is satisfied on an ex parte
application that –
(a) a
contract has been entered into within the jurisdiction with or through an agent
who is either an individual residing or carrying on business within the
jurisdiction or a body corporate having a registered office or place of
business within the jurisdiction; and
(b) the
principal for whom the agent was acting was at the time when the contract was
entered into and is at the time of the application neither such an individual
nor such a body corporate; and
(c) at
the time of the application either the agent’s authority has not been
determined or he is still in business relations with his principal,
the Court may authorise service of process beginning the proceedings
relating to the contract to be effected on the agent instead of on the
principal.
(2) An
order under this Rule authorising service of process which requires the person
to be served to appear before the Court shall specify the date on which the
appearance is required.
(3) Where
an order is made under this Rule authorising service of process on a
defendant’s agent, a copy of the order and of the process shall be sent
by post to the defendant at his address out of the jurisdiction.
18 Service
of process for recovery of land where no-one appears to be in possession
Where proceedings are instituted to seek the cancellation of a
contract of lease of or to recover the possession of an immovable or any
interest in an immovable, the Court may –
(a) if
satisfied on an ex parte application that no person appears to be in possession
of the immovable or interest in an immovable and that service cannot otherwise
be effected on any defendant, authorise service on that defendant to be
effected by affixing a copy of the process to some conspicuous part of the
immovable or of the immovable in which that defendant has an interest;
(b) if
satisfied on such an application that no person appears to be in possession of
the immovable or interest in an immovable and that service could not otherwise
be effected on any defendant, order that service already effected by affixing
the process to some conspicuous part of the immovable or of the immovable in
which that defendant has an interest shall be treated as good service on that
defendant.
19 Record
of service
The record of service of a document shall –
(a) state
the person by whom, the means by which, the place at which and the day on which
service was effected except that, in the case of a document sent by post, the
day on which the document was posted shall be stated instead of the day on
which the document was served;
(b) not
simply state that service of a document was effected by ordinary service; and
(c) be
in the appropriate form set out in the Schedule to these Rules or in a form substantially
to the like effect.
20 Service
out of the jurisdiction
(1) Service
out of the jurisdiction of a summons may be allowed by the Court
whenever –
(a) relief
is sought against a person domiciled or ordinarily resident within the jurisdiction;
(b) the
claim is brought to enforce, rescind, dissolve, annul or otherwise affect a
contract, or to recover damages or obtain other relief in respect of the breach
of a contract, being (in either case) a contract which –
(i) was made within
the jurisdiction; or
(ii) was made by or
through an agent trading or residing within the jurisdiction on behalf of a
principal trading or residing out of the jurisdiction; or
(iii) is by its terms, or by
implication, governed by Jersey law; or
(iv) contains a term to the
effect that the Petty Debts Court shall have jurisdiction to hear and determine
any action in respect of the contract;
(c) the
claim is brought in respect of a breach committed within the jurisdiction of a
contract made within or out of the jurisdiction, and irrespective of the fact,
if such be the case, that the breach was preceded or accompanied by a breach
committed out of the jurisdiction that rendered impossible the performance of
so much of the contract as ought to have been performed within the
jurisdiction;
(d) the
claim is founded on a tort and the damage was sustained, or resulted from an
act committed, within the jurisdiction;
(e) the
whole subject-matter of the action is land situate within the jurisdiction
(with or without rents or profits); and
(f) the
claim is brought to enforce any judgment or arbitral award.
(2) Every
application for leave to serve such summons on a defendant out of the
jurisdiction shall be supported by affidavit or other evidence, stating that in
the belief of the deponent the plaintiff has a good cause of action and showing
in what place or country such defendant is or probably may be found, and the
grounds upon which the application is made; and no such leave shall be granted
unless it shall be made sufficiently to appear to the Court that the case is a
proper one for service out of the jurisdiction.
(3) Any
order giving leave to effect such service shall specify the date upon which
such defendant is to appear before the Petty Debts Court and shall also state
whether personal service of the summons on the defendant is required.
(4) An
affidavit of service shall be endorsed on or annexed to a copy of the summons
and tabled with the Claim Summary in lieu of a record of service in accordance
with Rule 22.
21 Time
within which summons to be served
Except where provision is otherwise made, a summons for appearance
before the Court shall be served at least four clear days before the day on
which the defendant is required to appear, and this Rule shall apply not only
to the originating summons in the proceedings but also to all subsequent
summonses therein.
22 Tabling
of proceedings
Where proceedings are to be brought before the Court for the first
time, the Claim Summary and record of service shall be filed at the
Magistrate’s Court Greffe not later than three o’clock in the
afternoon of the second working day before the day on which the proceedings are
due to be called. The Claim Summary and record of service shall be on the same
document except where service is effected through the intermediary of the
Viscount’s Department. The Greffier shall ensure that the Claim Summary
complies with these Rules and “table” it. Provided that a record of
service shall not be necessary when the Greffier shall have effected the
posting of the summons in accordance with paragraph (4) of Rule 12 of
these Rules.
23 Grounds
for declaring originating summons invalid
(1) The
Court may declare an originating summons to be invalid –
(a) if
it has been served otherwise than in an authorised manner;
(b) if
the Claim Summary and the originating summons differ in terms to such an extent
that the rights of the party on whom the originating summons has been served
will be materially prejudiced.
(2) If
an originating summons served on a defendant is declared invalid, he shall be
discharged (“renvoyé”)
from the proceedings.
24 Judgment
by default not to be given where originating summons not served in due time
The Court shall not give judgment by default in any proceedings
unless it is satisfied that the originating summons was served in due time.
25 Prescription
The prescription of a right of action shall be interrupted on the
service of an originating summons in proceedings for appearance before the
Court or, where an order for substituted service is made under Rule 16, on
the making of the order:
Provided that prescription shall not be interrupted where –
(a) the
service is invalid;
(b) the
proceedings are discontinued; or
(c) the
defendant is discharged from the action.
26 Setting
aside or abandonment of judgment by default
(1) Any
judgment by default may be set aside or abandoned by order of the Court on such
terms as to costs or otherwise as the parties shall agree or the Court shall
think fit.
(2) An
application for an order under paragraph (1) of this Rule shall be made by
summons and where made by a defendant shall be supported by an affidavit
stating the circumstances in which the default has arisen and confirming that
the defendant has a good defence to the proceedings.
27 Procedure
at the first hearing
(1) At
the first hearing of the proceedings and at any subsequent hearing the Court may –
(a) adjourn
to another day or indefinitely for a subsequent hearing;
(b) give
judgment to the plaintiff for the whole or part of the claim;
(c) dismiss
the whole or part of the proceedings;
(d) send
the proceedings or any part thereof which remains in dispute for mediation in
accordance with Rule 28 of these Rules;
(e) where
appropriate pronounce interlocutory judgment against a defendant for liability
with the matter of the amount of damages being sent to proof or to mediation or
with such other procedural directions being given as shall be required in order
for the amount of damages to be assessed;
(f) give
such procedural directions as shall be required in order to bring the matters
in dispute to an early resolution where the Court considers that the
proceedings ought not to be sent to proof; or
(g) send
the proceedings to proof in respect of any part thereof which remains in
dispute.
(2) Other
than in exceptional circumstances, proceedings shall not be adjourned to a
subsequent ordinary sitting of the Court on more than three consecutive
occasions.
28 Mediation
Notwithstanding anything contained in these Rules, at the first or
any subsequent hearing of any disputed proceedings the Court may adjourn the
proceedings for mediation on such terms as it considers appropriate and may
give such consequential directions as it thinks necessary for that purpose.
29 Procedure
when proceedings are sent to proof or pleadings are otherwise ordered
(1) When
the whole or part of the proceedings have been sent to proof or pleadings are
otherwise ordered the plaintiff shall, unless the Court shall otherwise order,
within fourteen days, file a detailed statement of his claim in relation to the
matters which remain in dispute.
(2) Where
the Court is of the opinion that a statement of claim is not in a proper form
or does not include sufficient detail to enable the defendant and the Court to
understand the basis of the Plaintiff’s claim or that the claim set out
in the statement of claim is not in respect of the claim set out in the
summons, the Court may reject the statement of claim and in that event shall
require the plaintiff, within such further period as the Court shall specify,
to file an amended statement of claim in a proper form and with sufficient
detail.
(3) A
defendant may, on giving four clear days’ notice to the Greffier and to
the plaintiff ask the Court to strike out the plaintiff’s proceedings –
(a) where
the time limited for filing a statement of claim has expired and no statement
of claim has been filed; or
(b) where
a statement of claim has been filed and rejected by the Court and an amended
statement of claim has not been filed within the further period specified by
the Court.
(4) The
defendant shall, unless the Court shall otherwise order, within fourteen days
of receipt of a statement of claim, file an answer thereto.
(5) The
plaintiff may, unless the Court shall otherwise order, within fourteen days of
receipt of an answer, file a reply thereto. Except when the answer contains a
counterclaim, no subsequent pleading shall be filed except by leave of the
Court.
(6) A
counterclaim shall be made in writing and shall contain sufficient details.
(7) When
the answer contains a counterclaim, the plaintiff shall, within fourteen days
of receipt of the counterclaim, file an answer to counterclaim and the
defendant may, unless the Court shall otherwise order, within fourteen days of
the receipt of the answer to counterclaim, file a rejoinder.
(8) A
copy of every statement of claim, answer, reply, rejoinder and subsequent
pleading shall, within twenty-four hours after it is filed, be delivered by the
party filing to the opposite parties.
(9) Subject
to the provisions of paragraph (10) of this Rule, a defendant in an action
may set up by way of counterclaim against the claims of the plaintiff any right
or claim the determination of which is within the jurisdiction of the Court,
and such counterclaim shall have the same effect as a cross-action so as to
enable the Court to pronounce a final judgment in the same action both on the
original claim and on the counterclaim.
(10) Where a
defendant sets up a counterclaim, if the plaintiff contends that the claim
thereby raised ought not to be disposed of by way of counterclaim but in an
independent action, the Court may at any time order that such counterclaim be
excluded.
(11) If in
any case in which the defendant sets up a counterclaim the action of the
plaintiff is stayed, discontinued or dismissed, the counterclaim may
nevertheless be proceeded with.
(12) Where
the Court is of the opinion that an answer (including an answer to counterclaim)
or a counterclaim is not in a proper form or does not include sufficient detail
to enable the plaintiff and the Court to understand the basis of that
defendant’s defence or counterclaim, the Court may reject the answer or
counterclaim and in that event shall require that defendant, within such
further period as the Court shall specify, to file an amended answer or an
amended counterclaim in a proper form and with sufficient detail.
(13) The
plaintiff may, on giving two clear days’ notice to the Greffier and to
the defendant, ask the Court to pronounce judgment against the defendant –
(a) where
the time limited for filing an answer (including an answer to counterclaim) has
expired and no answer has been filed; or
(b) where
an answer (including an answer to counterclaim) has been filed and rejected by
the Court and an amended answer has not been filed within the further period
specified by the Court.
(14) The
plaintiff may, on giving two clear days’ notice to the Greffier and to
the defendant, ask the Court to strike out a counterclaim where a counterclaim
has been filed and rejected by the Court and an amended counterclaim has not
been filed within the further period specified by the Court.
(15) Where
the Court is of the opinion that any pleading filed by any party to any
proceedings, other than a pleading referred to in paragraph (2) or (12) of
this Rule or paragraph (4) of Rule 31 of these Rules, is not in a
proper form or does not include sufficient detail to enable the other parties
to the proceedings and the Court to understand the basis of that party’s
factual contentions, the Court may reject the pleading filed by that party and
in that event shall require that party, within such period as the Court shall
specify, to file an amended pleading in a proper form and with sufficient
detail.
30 Interlocutory
orders and procedural directions
(1) In
making interlocutory orders or giving procedural directions, the Court shall
have regard to the need for efficient case management and to the desirability
of bringing the proceedings to a conclusion within a reasonable time.
(2) An
application for the making of an interlocutory order shall be made by an
interlocutory summons returnable before the Court which shall be served either
by ordinary service or by leaving the summons at the address for service of the
party who is served with the summons.
(3) The
Court may of its own motion at any time convene the parties to the proceedings
and give procedural directions in relation thereto.
31 Third
parties
(1) Where
a defendant in his answer to an action which has been sent to proof –
(a) claims
against a person not already a party to the action any contribution or
indemnity; or
(b) claims
against such a person any relief or remedy relating to or connected with the
original subject matter of the action and substantially the same as some relief
or remedy claimed by the plaintiff; or
(c) requires
that any question or issue relating to or connected with the original subject
matter of the action should be determined not only as between the plaintiff and
the defendant, but also as between either or both of them and a person not
already a party to the action,
the Court may, after hearing the parties, make an order that such
person be convened as a third party.
(2) In
such order (a copy of which shall be delivered to all the parties to the
action) the Court shall give such directions as it may consider appropriate for
service on such third party and for the filing of pleadings.
(3) Where
a third party has been so convened, he shall from the time of service be a
party to the action as if he had been made a defendant in an original action
either by the defendant on whose application he was convened or by the
plaintiff.
(4) Where
the Court is of the opinion that an answer filed by a third party is not in a
proper form or does not include sufficient detail to enable the defendant and
the Court to understand the basis of the defence to the third party claim, the
Court may reject the answer filed by the third party and in that event shall
require the third party, within such further period as the Court shall specify,
to file an amended answer in a proper form and with sufficient detail.
(5) Where
the time limited for filing an answer or an amended answer by the third party
has expired and no answer has been filed –
(a) he
shall be deemed to admit any claim stated in the defendant’s answer and
shall be bound by any judgment (including judgment by consent) or decision in
the action insofar as it is relevant to any claim, question or issue stated in
the defendant’s answer and the defendant may, on giving two clear
days’ notice to the Greffier and to the third party, ask the Court to
pronounce judgment against the third party as to liability, but not as to the
amount; and
(b) the
defendant by whom the third party was convened, may, if judgment by default is
given against him in the action, at any time after satisfaction of that
judgment and, with the leave of the Court, before satisfaction thereof, obtain
judgment against the third party in respect of any contribution or indemnity
claimed in his answer and, with the leave of the Court, in respect of any other
relief or remedy claimed therein.
(6) The
Court may at any time set aside or vary a judgment given under paragraph (5)
above on such terms as it thinks just.
(7)
(a) Where
in any action a defendant has convened a third party, the Court may at or after
the trial of the action or, if the action is decided otherwise than by trial,
on an application by summons give such judgment as the nature of the case may
require for the defendant against the third party or for the third party
against the defendant;
(b) where
in an action judgment is given against a defendant and judgment is given for
the defendant against a third party, the judgment shall not be put into
execution against the third party without the leave of the Court until the
judgment against the defendant has been satisfied.
(8) Where
in any action which has been sent to proof a defendant in his answer –
(a) claims
against a person who is already a party to the action any contribution or
indemnity; or
(b) claims
against such a person any relief or remedy relating to or connected with the
original subject matter of the action and substantially the same as some relief
or remedy claimed by he plaintiff; or
(c) requires
that any question or issue relating to or connected with the original subject
matter of the action should be determined not only as between the plaintiff and
himself but also as between either or both of them and some other person who is
already a party to the action,
the Court may after hearing the parties make an order that such
person be convened as a third party by the defendant and the provisions of
paragraph (2) of this Rule shall apply.
(9) Where
a defendant has convened a third party and the third party makes such a claim
or requirement as is mentioned in paragraphs (1) or (8) of this Rule, this Rule
shall apply as if the third party were a defendant; and similarly where any
further person to whom by virtue of this paragraph this Rule applies as if he
were a third party makes such a claim or requirement.
32 Consolidation
of causes or matters
(1) Where
two or more actions are pending before the Court, then, if it appears to the
Court –
(a) that
some common question of law or fact arises in both or all of them; or
(b) that
the rights to relief claimed therein are in respect of or arise out of the same
transaction or series of transactions; or
(c) that
for some other reason it is desirable to make an order under this Rule,
the Court may order those actions to be consolidated on such terms
as it thinks just or may order them to be tried at the same time or one
immediately after another or may order any of them to be stayed until after the
determination of any of them.
(2) Actions
that have been consolidated may be deconsolidated at any stage of the
proceedings.
33 Amendment
of claim or pleading
(1) The
Court may at any stage of the proceedings allow a plaintiff to amend his claim,
or any party to amend his pleading, on such terms as to costs or otherwise as
may be just.
(2) Any
party may at any stage of the proceedings amend his pleadings with the consent
of the other parties.
34 Further
and better statement or particulars
(1) In
any proceedings, the Court may order a party to serve on any other party
particulars of any claim, defence or other matter stated in his pleading, or a
statement of the nature of the case on which he relies, and the order may be
made on such terms as the Court thinks just.
(2) Before
applying for particulars by summons, a party may apply for them by letter.
(3) Particulars
of a claim shall not be ordered under paragraph (1) of this Rule to be
delivered before defence unless the Court is of opinion that they are necessary
or desirable to enable the defendant to plead or ought for any other special
reason to be so delivered.
(4) All
particulars, whether given in pursuance of an order or otherwise, shall be
filed within twenty-four hours of being furnished to the party requiring them.
35 Discovery
and inspection of documents
(1) The
Court may order any party to any proceedings to furnish any other party with a
list of the documents which are or have been in his possession, custody or
power relating to any matter in question in the cause or matter, and to verify
such list by affidavit.
(2) An
order under paragraph (1) of this Rule may be limited to such documents or
classes of documents only, or to such only of the matters in question in the
proceedings, as may be specified in the order.
(3) If
it is desired to claim that any documents are privileged from production, the
claim must be made in the list of documents with a sufficient statement of the
grounds of the privilege.
(4) A
party who has furnished any other party with a list of documents in compliance
with paragraph (1) of this Rule must allow the other party to inspect the
documents referred to in the list (other than any which he objects to produce)
and to take copies thereof, and, accordingly, must give the other party notice
in writing stating a time within seven days after furnishing the list at which
the said documents may be inspected at a place specified in the notice.
(5) The
Court may order any party to any proceedings to make an affidavit stating
whether any document or class of document specified or described in the order
is, or has at any time been, in his possession, custody or power, and if not
then in his possession, custody or power, when he parted with it and what has
become of it.
(6) The
Court may order any party to any proceedings in whose pleadings or affidavits
reference is made to any document to produce that document for the inspection
of any other party and to permit him to take copies thereof.
(7) Before
applying by summons, a party may apply by letter to any other party to furnish
him with such a list and allow him to inspect and take copies of the documents
referred to therein.
36 Admissions
(1) A
party to any proceedings may give notice, by his pleading or otherwise in
writing, that he admits the truth of the whole or any part of the case of any
other party.
(2) Where
admissions of fact are made by a party to the proceedings either by his
pleadings or otherwise, any other party to the proceedings may apply to the
Court for such judgment or order as on those admissions he may be entitled to,
without waiting for the determination of any other question between the
parties, and the Court may give such judgment or make such order on the
application as it thinks just.
37 Withdrawal
and discontinuance
(1) Except
with the consent of the other parties to the action, a party may not
discontinue an action or counterclaim, or withdraw any particular claim made by
him therein, or withdraw his defence or any part of it, without the leave of
the Court, and any such leave may be given on such terms as to costs, the
bringing of a subsequent action or otherwise as the justice of the case may
require.
(2) Subject
to the terms imposed by the Court in granting such leave, the fact that a party
has discontinued an action or counterclaim or withdrawn a particular claim made
by him therein shall not be a defence to a subsequent action for the same, or
substantially the same, cause of action.
(3) Where
a party is liable to pay any costs under the provisions of paragraph (1)
of this Rule, then if, before payment of such costs, he subsequently brings an
action for the same, or substantially the same, cause of action, the Court may
order the proceedings in that action to be stayed until those costs are paid.
38 Payment
into Court
(1) In
any action before the Court any defendant may at any time pay into Court a sum
of money in satisfaction of the cause or causes of action in respect of which a
claim is made.
(2) Such
payment shall be made by lodging a sum of money with the Greffier who, unless
otherwise directed, shall place the money on deposit with a suitable bank or
with a finance and investment subsidiary of such a bank.
(3) The
Greffier shall within seven days of receipt of payment give notice of the
payment to all parties to the action.
(4) Except
with the consent of the other parties to the action, no payment may be
withdrawn without leave of the Court, such leave to be obtained by summons.
(5) Except
where the tender of payment is pleaded by the party making payment, the fact
that payment into Court has been made shall not be disclosed to the Court
before whom the action is tried until all questions of liability and of the
amount of debt or damages have been decided.
(6) The
Court when awarding costs may take into consideration the fact that payment
into Court has been made:
Provided that nothing in these Rules shall derogate from the
complete discretion of the Court to make such order as to costs as it deems
right and just.
(7) Questions
of interpretation or of administrative procedure left uncertain by this Rule shall
be referred in the first instance to the Greffier for his decision.
39 Misjoinder
and nonjoinder of parties
At any stage of the proceedings in any cause or matter the Court may
on such terms as it thinks just and either of its own motion or on application –
(a) order
any person who has been improperly or unnecessarily made a party or who has for
any reason ceased to be a proper or necessary party, to cease to be a party;
(b) order
any of the following persons to be added as a party, namely –
(i) any
person who ought to have been joined as a party or whose presence before the
Court is necessary to ensure that all matters in dispute in the cause or matter
may be effectually and completely determined and adjudicated upon; or
(ii) any
person between whom and any party to the cause or matter there may exist a
question or issue arising out of or relating to or connected with any relief or
remedy claimed in the cause or matter which in the opinion of the Court it
would be just and convenient to determine as between him and that party as well
as between the parties to the cause or matter,
but no person shall be added as a plaintiff without his consent
signified in writing or in such other manner as the Court may direct.
40 Fixing
a date for trial of proceedings
(1) When
the Court is satisfied that the proceedings are ready for trial, the Court
shall order that the parties to the proceedings appear before the Greffier in
such manner as shall be ordered, in order to fix a date for trial and upon the
payment of the appropriate stamp fee by the appropriate person, the Greffier
shall fix a date for the trial of the proceedings.
(2) If
proceedings have been sent to proof, any party to the proceedings may, at any
time after the closure of pleadings, apply to the Greffier for a date to be
fixed for the trial of the proceedings in the following manner –
(a) the
party applying for a date to be fixed for the trial of the proceedings shall,
not less than four clear days before so doing, notify in writing the other
parties to the proceedings of his intention to make the application and of the
date and time at which he intends to apply (which date and time shall be
convenient to the Greffier);
(b) on
the date and at the time notified the parties shall attend either personally or
through the intermediary of their advocates or solicitors or through the
intermediary of a representative of their advocates or solicitors on the
Greffier at the Magistrate’s Court Greffe, and if the Greffier is
satisfied that the proceedings are ready for trial and upon payment of the
appropriate stamp fee, the Greffier shall fix a date for the trial of the
proceedings;
(c) if
the Greffier is not satisfied that the proceedings are ready for trial, the
Greffier shall adjourn the application for the fixing of a date for trial to
the Court;
(d) when
a date has been fixed for the trial of the proceedings the party applying shall
within two days thereof notify in writing all other parties to the proceedings,
who were not present at the hearing of the application, of the date fixed for
the trial of the proceedings; and
(e) in
the case of any party to proceedings not having an address for service, the
notice required under sub-paragraphs (a) and (d) of this Rule may be sent to
the last known address of any such party.
41 Dismissal
of proceedings for want of prosecution
Where proceedings have been adjourned sine die or have remained sent
to proof for more than one year from the date when they were first so adjourned
or sent to proof the Court may, after giving one week’s notice in open
Court, order that the proceedings be dismissed.
42 Evidence
Any fact required to be proved at the trial of any proceedings by
the evidence of witnesses shall be proved by the examination of witnesses
orally and in open Court; provided that the Court may order that any particular
facts may be proved by affidavit, by production of documents or copies of
documents, or by such other means as the Court may direct.
43 Practice
directions
The Judge may issue directions with the consent of the Bailiff as
regards the practice to be followed in any matter where no provision has been
made by Rules.
44 Revocation
and repeal
(1) The
Petty Debts Court (Jersey) Rules 1992,[14] the Petty Debts Court (Amendment) (Jersey) Rules 1994,[15] the Petty Debts Court (Amendment No. 2) (Jersey)
Rules 1998[16] and the Petty Debts Court (Amendment No. 3) (Jersey)
Rules 2000[17] are hereby revoked.
(2) The
following provisions of the “Loi (1891) sur la Cour pour le recouvrement de
menues dettes”, shall be repealed –
(a) Articles
5, 6, 7, 8, 9, 10, 11, 13, and 24;[18]
(b) in
Article 19, the first paragraph;[19] and
(c) in
Article 22, the words
“, et sera poursuivi devant la Cour Royale”.[20]
45 Citation
and commencement
These Rules may be cited as the Petty Debts Court Rules 2004 and
shall come into force on 1st June 2004.
M. WILKINS
Judicial Greffier.