Arrangement

THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of the Royal Court (Jersey) Law 1948[1] and Article 8(3) of the Human Rights (Jersey) Law 2000[2], has made the following Rules –

“1/6   The Overriding Objective

(1)     The overriding objective of the Court in proceedings is to deal with cases justly and at proportionate cost.

(2)     Dealing with a case justly and at proportionate cost includes, so far as is practicable –

(a)     ensuring that the parties are on an equal footing;

(b)     saving expense;

(c)     dealing with the case in ways which are proportionate –

(i)      to the amount of money involved,

(ii)      to the importance of the case,

(iii)     to the complexity of the issues, and

(iv)     to the financial position of each party;

(d)     ensuring that it is dealt with expeditiously and fairly;

(e)     allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and

(f)      enforcing compliance with rules, practice directions and orders.

(3)     The Court must seek to give effect to the overriding objective when it –

(a)     exercises any power given to it by these Rules; or

(b)     interprets any Rules.

(4)     The parties are required to help the Court to further the overriding objective.

(5)     The Court must further the overriding objective by actively managing cases.

(6)     Active case management includes –

(a)     encouraging the parties to co-operate with each other in the conduct of the proceedings;

(b)     identifying the issues at an early date;

(c)     deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;

(d)     deciding the order in which issues are to be resolved;

(e)     encouraging the parties to use an alternative dispute resolution procedure if the Court considers that appropriate and facilitating the use of such procedure;

(f)      helping the parties to settle the whole or part of the case;

(g)     fixing timetables or otherwise controlling the progress of the case;

(h)     considering whether the likely benefits of taking a particular step justify the cost of taking it;

(i)      dealing with as many aspects of the case as it can on the same occasion;

(j)      dealing with the case without the parties needing to attend at court;

(k)     making use of technology; and

(l)      giving directions to ensure that the trial of a case proceeds quickly and efficiently.

(7)     The duty under paragraph (3) is subject to any provision of these Rules and of any other enactment which requires the Court to ensure that information is not disclosed contrary to the public interest.

(8)     This Rule does not apply to criminal or quasi-criminal proceedings.”.

“(c)    by email or similar means of electronic communication where the parties are accustomed to communicating with each other by that means or where the parties agree to service by email or by such other similar means;”.

“6/15 Obtaining further information

(1)     The Court may at any time of its own motion or on application order a party to –

(a)     clarify any matter which is in dispute in the proceedings; or

(b)     give additional information in relation to any such matter,

whether or not the matter is contained or referred to in a pleading.

(2)     Paragraph (1) is subject to any rule of law to the contrary.

(3)     Where the Court makes an order under paragraph (1), the party against whom it is made must –

(a)     lodge his or her response with the Greffier; and

(b)     serve it on the other parties,

within the time and, if applicable, in the manner, specified by the Court.

6/16   Restriction on the use of further information

The Court may direct that information provided by a party to another party (whether given voluntarily in response to a request for further information or following an order made under Rule 6/15) must not be used for any purpose except for that of the proceedings in which it is given.

6/17   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 or her 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) may be limited to such documents or classes of documents only, or to such only of the matters in question in the proceedings, or to the results of searches carried out by a party, 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) must allow the other party to inspect the documents referred to in the list (other than any which the party furnishing the list objects to produce) and to take copies thereof and, accordingly, must give the other party notice in writing stating a time within 7 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 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 the other party to take copies thereof.

(6)     The Court may order inspection to take place by delivery of copies of documents in an electronic format.

(7)     Before applying by summons, a party may apply by letter to any other party to furnish him or her with such a list and allow him or her to inspect and take copies of the documents referred to therein.”.

“(4)    Notwithstanding any order made under sub-paragraph (2)(a) above, the Court may at any time order the production of a witness for cross-examination.

(4A)   Where the affidavit or witness statement is the subject of a hearsay notice under Rule 6/21, the provisions of Rule 6/22 shall apply.

(4B)   If a person required to appear for cross examination under this Rule or Rule 6/22 fails to appear the Court may have regard to that person’s evidence as it sees fit.”;

“(7A) The Court shall have power to issue a summons requiring a person to appear in any proceedings before the Court to give evidence or to produce documents or both.

(7B)   Before issuing a summons under paragraph (7A), the Court may –

(a)     request the person so to appear;

(b)     accommodate any reasonable request by the person as to the day and time of the appearance; and

(c)     where it would be appropriate to do so, having regard to the nature of the evidence or any document, undertake to receive the evidence or document in confidence.”.

“(1)    With a view to providing an occasion for the consideration by the Court of the preparations for the trial of an action so that –

(a)     all matters which must or can be dealt with on interlocutory applications and have not already been dealt with may so far as possible be dealt with; and

(b)     such directions may be given as to the future course of the action as appear best adapted to secure the just, expeditious and economical disposal thereof,

the Court will at the expiry of 3 months of the action being placed on the pending list, require the parties to attend a directions hearing (if the date for such a hearing has not already been fixed).

(2)     Paragraph (1) does not prevent any party to the action issuing a summons for directions, or the defendant or any other party to the action applying for an order to dismiss the action.”;

“6/26A   Filing and exchanging cost budgets

(1)     Not later than 7 days before the first directions hearing, unless the Court otherwise orders, all parties must file and exchange budgets where the value of the claim, including any counterclaim, is less than £500,000.

(2)     The contents of any budget shall be set out in a Practice Direction.

(3)     If a party fails to provide a budget or fails to provide a budget with sufficient detail as required by any court order or Practice Direction the Court may require a party to produce a budget containing the required information on such terms, including as to costs, as the Court shall see fit.”.

“(4)    A requirement in these Rules or in any order or direction of the Court to apply to fix a day for the trial or hearing of an action is not satisfied until the hearing to fix a date for the application has taken place.”.

“6/39 Leave to continue claim by way of derivative action

(1)     This Rule applies to proceedings which include any claim by way of derivative action.

(2)     In any proceedings to which this Rule applies, unless the Court orders otherwise –

(a)     the action must be brought by order of justice;

(b)     the order of justice must identify every defendant against whom the plaintiff seeks to bring the action; and

(c)     the company shall be joined as a party.

(3)     Where proceedings to which this Rule applies have been placed on the pending list, the plaintiff must apply to the Inferior Number for leave to continue the action.

(4)     The application when issued must be accompanied by an affidavit verifying the facts on which the claim and the entitlement to sue on behalf of the company are based.

(5)     Unless the Court otherwise orders, an application to fix a date for the hearing for leave to be determined must be made within 21 days after the proceedings are placed on the pending list.

(6)     Any affidavit in response from any defendant or the company joined as a party must be served no later than 7 days prior to the hearing fixed for the application.

(7)     Nothing in this Rule shall prevent the plaintiff from applying for interlocutory relief pending the determination of an application under paragraph (3).

(8)     On the hearing of the application under paragraph (3), the Inferior Number may –

(a)     grant leave to continue the proceedings, for such period and upon such terms as it may think fit;

(b)     dismiss the proceedings;

(c)     adjourn the application and give such directions as to joinder of parties, the filing of further evidence, discovery, cross-examination of deponents and otherwise as it may consider expedient,

and in any case may make such orders as to costs as it thinks fit.

(9)     If the plaintiff does not apply for leave to continue the proceedings as required by paragraph (3) within the time laid down in paragraph (5), any defendant, and the company joined as a party, may apply for an order to dismiss the proceedings.

(10)    On the hearing of such an application for dismissal, the Court may –

(a)     dismiss the proceedings;

(b)     if the plaintiff so requests, grant the plaintiff (on such terms as to costs or otherwise as the Court may think fit) an extension of time to apply for leave to continue the proceedings; or

(c)     make such other order as may in the circumstances be appropriate,

and in any case may make such orders as to costs as it thinks fit.

(11)    If there is a material change in circumstances after the Inferior Number has given leave to the plaintiff to continue the proceedings in pursuance of an application under paragraph (3), any defendant or the company joined as a party may make an application supported by affidavit requiring the plaintiff to show cause why the Court should not dismiss the action or any claim made in it by way of derivative action. On such application the Court shall have the same powers as it would have had upon an application under paragraph (10).

(12)    The plaintiff may include in an application under paragraph (3) an application for an indemnity out of the assets of the company in respect of costs incurred or to be incurred in the action and the Court may grant such indemnity upon such terms as may in the circumstances be appropriate.

(13)    A respondent to any application under paragraph (3) shall not be obliged to file an answer until after determination of that application.

(14)    Where leave is given any directions required in relation to that leave may be given at any time by the Bailiff or the Greffier as either shall see fit.

6/40   Proceedings under Article 141 of the Companies (Jersey) Law 1991

(1)     This Rule applies to proceedings under Article 141(1) of the Companies (Jersey) Law 1991[4] (for an order under Article 143 of that Law on the ground that a company’s affairs are being or have been conducted in a manner which is unfairly prejudicial to the interests of its members or that an act or omission of the company is or would be so prejudicial).

(2)     Proceedings to which this Rule applies must, unless the Court orders otherwise, be brought by order of justice.

(3)     Where the proceedings have been placed on the pending list, Rule 6/6 shall not apply, and the plaintiff must within 21 days apply to the Inferior Number for directions, although the Inferior Number may direct that such application be made to the Bailiff or to the Greffier.

(4)     On the hearing of an application under paragraph (3) the Court shall give such directions as it thinks appropriate with respect to the following matters –

(a)     service of the order of justice on any person, whether in connection with the time, date and place of a further hearing, or for any other purpose;

(b)     whether, and if so by what means, the proceedings are to be advertised;

(c)     the manner in which in which any evidence is to be adduced;

(d)     any other matter affecting the procedure on the order of justice or in connection with the hearing and disposal of the proceedings; and

(e)     such orders, if any, including a stay for any period, as the Court thinks fit, with a view to mediation or other alternative dispute resolution.”.

“PART 7

SUMMARY JUDGMENT

7/1     Grounds for summary judgment

(1)     The Court may in any proceedings give summary judgment against a plaintiff or defendant on the whole of a claim or on a particular issue in any pleading if –

(a)     it considers that –

(i)      the plaintiff has no real prospect of succeeding on the claim or issue, or

(ii)      the defendant has no real prospect of successfully defending the claim or issue; and

(b)     there is no other compelling reason why the case or issue should be disposed of at a trial.

(2)     A summary judgment hearing may be ordered by the Court of its own motion or on application made by either party in accordance with this Part.

7/2     Procedure

(1)     A plaintiff may not, without leave of the Court, apply for summary judgment until the defendant against whom the application is made has placed the matter on the pending list.

(2)     If a plaintiff applies for summary judgment before a defendant against whom the application is made has filed an answer, that defendant need not file an answer before the hearing.

(3)     An application for summary judgment must be made by summons which must set out the claims or issues which it is proposed that the Court will decide at the hearing.

(4)     The application must be supported by an affidavit verifying the facts to which the application relates and stating that, in the deponent’s belief, the other party has no real prospect of succeeding on the claim or issue or of defending the claim or issue set out in the application as the case may be.

(5)     Unless the Court otherwise directs, an affidavit for the purposes of this Rule may contain statements of information or belief with the sources and grounds thereof.

(6)     The summons and a copy of the affidavit must be served on the other party not less than 14 clear days before the day on which the summary judgment hearing is to take place.

7/3     Evidence filed in response to a summary judgment application

(1)     If the respondent to an application for summary judgment wishes to rely on evidence at the hearing, he or she must –

(a)     file an affidavit containing or exhibiting the evidence to be relied upon; and

(b)     serve copies on every other party to the application,

at least 7 days before the summary judgment hearing.

(2)     If the applicant wishes to rely on any evidence in reply, he or she must –

(a)     file an affidavit containing or exhibiting the evidence to be relied upon; and

(b)     serve a copy on the respondent,

at least 3 days before the summary judgment hearing.

(3)     Where a summary judgment hearing is fixed by the Court of its own motion the Court must set out for the parties the claim or issue it wishes to be determined; and –

(a)     any party who wishes to rely on evidence at the hearing must –

(i)      file an affidavit containing or exhibiting the evidence to be relied upon, and

(ii)      unless the Court orders otherwise, serve copies on every other party to the proceedings,

at least 7 days before the date of the hearing; and

(b)     any party who wishes to rely on evidence at the hearing in reply to any other party’s written evidence must –

(i)      file in reply an affidavit containing or exhibiting the evidence to be relied upon, and

(ii)      unless the court orders otherwise serve copies on every other party to the proceedings,

at least 3 days before the date of the hearing.

(4)     This Rule does not require affidavit evidence –

(a)     to be filed if it has already been filed; or

(b)     to be served on a party on whom it has already been served.

7/4     Orders the Court may make

(1)     The orders the Court may make under this Part include –

(a)     judgment on the claim, answer or issue;

(b)     the dismissal of the claim, answer or issue;

(c)     the dismissal of the application;

(d)     a conditional order.

(2)     A conditional order for the purpose of paragraph (1) is an order which requires a party –

(a)     to pay a sum of money into court; or

(b)     to take a specified step in relation to his or her claim or answer, as the case may be, and provides that that party’s claim will be dismissed or that any pleading of that party will be struck out if that party does not comply.

7/5     Court’s powers when it determines a summary judgment application

Following determination of a summary judgment application the Court may give directions –

(a)     as to the filing and service of any further pleadings in respect of any claims or issues remaining in dispute;

(b)     about the management of the case.

7/6     Judgment by default

Any judgment given against a party who does not appear at the hearing of a summary judgment application shall be treated as a judgment by default, and Rule 11/2 shall apply.”.

“11/1 Vicomte chargé d’écrire

An application by a creditor under Article 2 or 3 of the Loi (1832) sur les décrets[5] must –

(a)     be made by representation; and

(b)     be accompanied by an affidavit which –

(i)      exhibits the act or judgment relating to the debt, and

(ii)      verifies the amount of the debt still outstanding.”.

“(3)    Where the Court has ordered a person to pay any costs of a party, it may at any time order that person to pay such amount as it sees fit as an interim payment on account of costs before the costs are assessed.

(4)     An amount ordered to be paid on account under paragraph (3) is recoverable as a judgment debt and, accordingly, Rule 11/3 shall apply.”.

“PART 12A

ENFORCEMENT OF COSTS ORDERS IN INJURIES CASES

12A/1 Scope and Interpretation

(1)     This Part applies to proceedings which include a claim for damages –

(a)     for personal injuries;

(b)     under the Fatal Accidents (Jersey) Law 1962[6]; or

(c)     which arises out of death or personal injury and survives for the benefit of an estate by virtue of Article 1(1) of the Customary Law Amendment (Jersey) Law 1948[7],

but does not apply to applications pursuant to Article 2 of the Law Reform (Disclosure and Conduct before Action) (Jersey) Law 1999[8].

(2)     In this Part, ‘plaintiff’ means a person bringing a claim to which this Part applies or an estate on behalf of which such a claim is brought, and includes a person making a counterclaim or an additional claim.

12A/2 Costs orders against certain plaintiffs – limit on enforceability

(1)     Subject to Rule 12A/3, orders for costs made against a plaintiff –

(a)     may be enforced without the permission of the Court but only to the extent that the aggregate amount in money terms of such orders does not exceed the aggregate amount in money terms of any orders for damages and interest made in favour of the plaintiff; and

(b)     may only be enforced after the proceedings have been concluded and the costs have been assessed or agreed.

(2)     An order for costs which is enforced only to the extent permitted by paragraph (1)(a) shall not be treated as an unsatisfied or outstanding judgment.

12A/3 Exceptions

(1)     Orders for costs made against the plaintiff may be enforced to the full extent of such orders without the permission of the Court where the proceedings have been struck out on the grounds that –

(a)     the plaintiff has disclosed no reasonable grounds for bringing the proceedings;

(b)     the proceedings are an abuse of the Court’s process; or

(c)     the conduct of –

(i)      the plaintiff, or

(ii)      a person acting on the plaintiff’s behalf and with the plaintiff’s knowledge of such conduct,

is likely to obstruct the just disposal of the proceedings.

(2)     Orders for costs made against the plaintiff may be enforced to the full extent of such orders with the permission of the Court where the claim is found on the balance of probabilities to be fundamentally dishonest.

(3)     Orders for costs made against the plaintiff may be enforced up to the full extent of such orders with the permission of the Court, and to the extent that it considers just, where –

(a)     the proceedings include a claim which is made for the financial benefit of a person other than the plaintiff or a dependant (other than a claim in respect of the gratuitous provision of care, earnings paid by an employer or medical expenses); or

(b)     a claim is made for the benefit of the plaintiff other than a claim to which this Part applies.

(4)     Where paragraph (3)(a) applies, the Court may, subject to paragraph (5), make an order for costs against a person, other than the plaintiff, for whose financial benefit the whole or part of the claim was made.

(5)     Where the Court is considering whether to make an order against a person as described in paragraph (4), that person must –

(a)     be added as a party to the proceedings for the purposes of costs only; and

(b)     be given a reasonable opportunity to attend a hearing at which the Court will consider the matter further.

(6)     For the purpose of paragraph (3)(a) ‘dependant’ means –

(a)     the wife or husband or former wife or husband of the deceased;

(b)     the civil partner or former civil partner of the deceased;

(c)     any person who –

(i)      was living with the deceased in the same household immediately before the date of the death, and

(ii)      had been living with the deceased in the same household for at least 2 years before that date, and

(iii)     was living during the whole of that period as the husband or wife or civil partner of the deceased;

(d)     any parent or other ascendant of the deceased;

(e)     any person who was treated by the deceased as his or her parent;

(f)      any child or other descendant of the deceased;

(g)     any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;

(h)     any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;

(i)      any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.”.

“PART 15B

APPEALS FROM THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL

15B/1     Application and interpretation

(1)     This Part applies to appeals from the Jersey Employment and Discrimination Tribunal under Article 94 of the 2003 Law, on a question of law or against an order or decision made by the Tribunal under paragraph (3) of that Article.

(2)     In this Part –

(a)     ‘2003 Law’ means the Employment (Jersey) Law 2003[9];

(b)     ‘appeal’ means an appeal to which this Part applies;

(c)     ‘appellant’ means a person to whom leave to appeal has been granted (whether by the Tribunal under Article 94(1) or by the Court under Article 94(6) of the 2003 Law) or, as the case may be, a person who appeals to the Royal Court under Article 94(4) of the 2003 Law;

(d)     ‘leave to appeal’ means leave to appeal to the Royal Court under Article 94 of the 2003 Law;

(e)     ‘respondent’ means any party to the proceedings before the Tribunal to which an appeal relates, other than the party who is bringing the appeal;

(f)      ‘transcript’ means the transcript or other record of the proceedings before the Tribunal to which an appeal relates.

15B/2     Application for leave to appeal (where Tribunal has refused leave)

(1)     This Rule applies where the Tribunal has refused leave to appeal.

(2)     An application under Article 94(6) of the 2003 Law for leave to appeal may be made ex parte to the Bailiff within 14 days of the date on which the decision of the Tribunal to refuse leave was given or, if later, the date on which the applicant received written reasons for that decision.

(3)     The application is made by delivering to the Bailiff –

(a)     a notice in writing specifying the grounds of the application; and

(b)     a copy of the decision or order of the Tribunal to which the intended appeal relates, together with any written reasons given by the Tribunal for the decision or order.

(4)     Within 1 day of delivering those documents to the Bailiff, the applicant shall file a copy of the same with the Greffier.

(5)     The Bailiff may –

(a)     determine the application without a hearing; or

(b)     give such directions for the hearing of the application as the Bailiff thinks fit.

(6)     If the Bailiff refuses the application without a hearing, the Bailiff shall inform the Greffier who shall communicate the decision to the applicant.

(7)     If the Bailiff grants leave to appeal, the Bailiff may give directions as to the further conduct of the appeal.

15B/3     Appeal

(1)     This Rule applies where –

(a)     the Tribunal has granted leave to appeal; or

(b)     a person wishes to appeal to the Royal Court under Article 94(4) of the 2003 Law.

(2)     The appeal shall be brought within 14 days of the date on which leave was granted or, in the case of an appeal under Article 94(4) of the 2003 Law, of the date on which the Tribunal’s decision or order was given, by serving through the intermediary of the Viscount –

(a)     a notice of appeal in writing setting out the grounds of the appeal; and

(b)     a copy of the order granting leave (where leave has been granted).

(3)     The documents referred to in paragraph (2) must be served on the respondent.

(4)     The appellant must –

(a)     within 2 days after service of the notice of appeal file with the Greffier –

(i)      a copy of the notice together with the record of the Viscount certifying that the notice of appeal has been served,

(ii)      a copy of the decision or order of the Tribunal which is the subject of the appeal, and

(iii)     a copy of any written reasons given by the Tribunal for its decision or order;

(b)     within 10 days after the service of the notice of appeal apply to the Bailiff’s Secretary for a day to be fixed for the hearing of the appeal.

(5)     If the appellant does not apply for a day to be fixed for the hearing of the appeal in accordance with paragraph (4)(b), the appeal shall be deemed to have been withdrawn.

(6)     If a party to the appeal so requests, a transcript shall, subject to paragraph (7), be made available to the parties to the appeal and to the Court.

(7)     Before a transcript is made available in accordance with paragraph (6), the party requesting it shall pay the appropriate transcription fee.

(8)     The appellant shall within 21 days of having fixed a day for the hearing of the appeal in accordance with paragraph (4)(b), deliver to the respondent a copy of the contentions to be urged and the authorities to be cited by the appellant in support of the appeal.

(9)     The appellant shall at the same time file 4 copies of the same with the Greffier.

(10)    A respondent who wishes to resist the appeal shall within 21 days of having received the appellant’s contentions deliver to the appellant –

(a)     an answer in writing setting out the grounds on which the respondent will resist the appeal; and

(b)     a copy of the contentions to be urged and the authorities to be cited by the respondent at the hearing of the appeal.

(11)    The respondent shall at the same time file 4 copies of the same with the Greffier.

(12)    This Rule is subject to –

(a)     any directions given by the Bailiff under Rule 15B/2(7); and

(b)     the discretion of the Court to make such order or give such directions as it thinks fit in relation to an appeal.

(13)    Notices, pleadings and documents delivered or filed for the purposes of this Part shall be in such form and comply with such requirements as the Greffier may set out and publish from time to time in practice directions, in consultation with the Bailiff.”.

“Rule 6/39”.