Petty Debts Court
Rules 2018
Made 29th March 2018
Coming into force 9th
April 2018
THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of
the Royal Court (Jersey) Law 1948[1] and Article 2 of the Law
Reform (Miscellaneous Provisions) (Jersey) Law 1967[2], has made the following Rules –
PART 1
INTRODUCTORY
1 Interpretation
(1) In
these Rules unless the context otherwise requires –
“affidavit” means a
statement of facts sworn on oath or solemnly affirmed;
“Civil Claims Division”
is defined in Rule 6;
“Claim Summary”
means a written document stating what the claim is and why the claim has been
brought to court, including only the facts that are relevant to the claim;
“company” includes
any corporate body;
“counterclaim” means
a claim by a defendant in response to a claim by a plaintiff;
“child” means a
person who is not yet 18 years old;
“the Court” is a
reference to any judge of the Petty Debts Court;
“ex parte” in relation
to an application means an application which is able to be made by a person
without having to give notice to any other person;
“Family Division” is
defined in Rule 6;
“defendant” means
the person who is defending a claim which a plaintiff has brought to court;
“file” means deliver
to the Greffier and “filed” has
a corresponding meaning;
“Greffier” means the
Judicial Greffier;
“immovable” means
Jersey land and any buildings and premises forming part of Jersey land;
“judgment by default”
means any judgment which is given against a party in his or her absence;
“land” includes any
immovable and any interest in an immovable;
“Magistrate” means
the Magistrat appointed under Article 1(1)
of the Loi (1864) concernant la charge de Juge d’Instruction[3];
“month” means a calendar
month where it appears in any judgment, order, direction or other document
forming part of any proceedings, unless the context otherwise requires;
“originating summons”
means a summons which commences proceedings, and includes any application in
the Tenancy Division referred to in Rule 8(3);
“plaintiff” means
the person who is bringing the claim to court;
“practice directions”
means practice directions issued by the Magistrate in accordance with
Rule 60;
“proceedings” means
any proceedings before the Court however commenced;
“Residential Tenancy Law”
means the Residential Tenancy (Jersey) Law 2011[4];
“small claims proceedings”
means proceedings to which Rule 49 applies;
“summons” means a
notice to a person to appear before the Court;
“Tenancy Division” is
defined in Rule 6.
(2) A
term or expression in the Residential Tenancy Law when used in these Rules in
relation to any matter in the Tenancy Division has the same meaning as in that
Law.
2 The
Overriding Objective
(1) The
overriding objective of the Petty Debts 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 applies or
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.
3 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 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 7 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)
“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[5].
4 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, or are required to be closed, and for that reason the 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.
5 Power
to extend and abridge time
(1) The
Court, the Greffier or the Viscount may, on whatever terms any of them thinks
just, extend or abridge the period within which a person is required or
authorized by Rules of Court, or by any judgment, order or direction, to do any
act in any proceedings.
(2) The
Court, the Greffier or the Viscount may extend any such period as is referred
to in paragraph (1) 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.
6 Divisions
of the Petty Debts Court
(1) The
Petty Debts Court is composed of –
(a) the
Civil Claims Division;
(b) the
Tenancy Division; and
(c) the
Family Division.
(2) The
Tenancy Division determines all cases involving –
(a) residential
tenancies and residential tenancy agreements (in accordance with Article 16
of the Residential Tenancy Law);
(b) actions
under the Loi (1946) concernant l’expulsion des locataires
réfractaires[6] (concerning notices to quit
and evictions);
(c) actions
under Article 1(2) of the Petty Debts Court (Miscellaneous Provisions)
(Jersey) Law 2000[7] (concerning the cancellation
of contracts of lease); and
(d) claims
for arrears of rent or damages in connection with actions under sub-paragraph (b)
or (c).
(3) The
Family Division determines all cases involving –
(a) proceedings
under the Separation and Maintenance Orders (Jersey) Law 1953[8]; and
(b) proceedings
under the Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000[9].
(4) The
Civil Claims Division determines all other cases in Jersey where the Petty
Debts Court has jurisdiction.
PART 2
STARTING PROCEEDINGS
7 Proceedings
by and against children
(1) A
child 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 in chambers, and where such
application is made by a child it must be made through his or her next friend.
(3) In
this Rule –
(a) “guardian
ad litem” means a person appointed by the Court to protect the interests
of a child; and
(b) “next
friend” means a person able to act in place of the child to make an
application to the Court to appoint a guardian ad litem.
8 Form
of originating summons
(1) Every
originating summons must specify –
(a) the
date (agreed with the Greffier, if need be, under Rule 24) upon which
appearance is required;
(b) the
plaintiff’s address for service in Jersey; and
(c) any
claim for interest.
(2) Every
originating summons in the Civil Claims Division must –
(a) if
general damages are claimed, include a statement of how much money is claimed
and how that sum has been calculated;
(b) specify
the total of the claim, and –
(i) any interest,
(ii) stamp duty, and
(iii) costs,
claimed as at the date of the first hearing in the proceedings; and
(c) be
in the appropriate form specified in practice directions.
(3) Subject
to paragraphs (4) and (5), an application in the Tenancy Division under
any of the following Articles of the Residential Tenancy Law –
(a) Article 8(2),
(3) or (5), 9(b) or 10(4) for an order to vary or terminate a residential
tenancy agreement;
(b) Article 11
for the eviction of a tenant who has failed to move out of the property after
the residential tenancy has terminated;
(c) Article 12(2)
for an order for the termination of a residential tenancy agreement and the
eviction of a tenant who has breached the agreement and failed to comply with a
notice in respect of such breach;
(d) Article 14(1)
for an order to delay enforcing an eviction; or
(e) Article 14(4)
for an order to vary, revoke or impose conditions on an order to stay the
execution of an eviction,
must be in the appropriate form specified in practice directions.
(4) Where
an application under Article 14(1) of the Residential Tenancy Law for an
order to stay the execution of an eviction is made in conjunction with an
application under Article 11 or 12(2) of that Law, the form for the
application under Article 14(1) may be merged with the form for the
application under Article 11, or 12(2), as the case may be.
(5) Where
an application under Article 11 or 12(2) of the Residential Tenancy Law
has been made, an application under Article 14(1) of that Law by the
tenant for an order to stay the execution of the eviction, if not made in the
appropriate form specified in practice directions, must be made in such form as
the Court may direct.
9 Address
for service
(1) If
a plaintiff does not give an address for service in Jersey in accordance with
Rule 8(1)(b) but has at any time been legally represented in relation to
the proceedings, the plaintiff’s address for service shall be the address
of his or her 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 must give an address for
service in Jersey, provided that, if the defendant fails to do so, but has at
any time been legally represented in relation to the proceedings, his or her
address for service shall be the address of his or her last advocate or
solicitor.
(3) The
address for service of a Minister (including the Chief Minister) shall, unless
a different address for service is given, be the address specified for the time
being by Order pursuant to Article 51A of the States of Jersey Law 2005[10].
(4) Where
the address in Jersey of a managing agent has been specified in a residential
tenancy agreement, that address –
(a) may
be given by the landlord as the landlord’s address for service in Jersey;
and
(b) shall
be taken to be the landlord’s address for service in Jersey if no other
address is given.
10 Service
of documents generally
Except where Rules of Court or any other enactment otherwise
expressly provide, or the Court orders otherwise, service of any document in
any proceedings before the Court may be carried out by personal service or
ordinary service.
11 Personal
service – when required
Subject to Rules 18, 19 and 20, personal service is required
for a summons in respect of –
(a) an
action under the Loi (1946) concernant l’expulsion des locataires
réfractaires concerning a notice to quit or an eviction;
(b) an
application under the Residential Tenancy Law –
(i) for
an order to vary or terminate a residential tenancy agreement,
(ii) for
the eviction of a tenant who has failed to give vacant possession after the residential
tenancy has terminated, or
(iii) for
the termination of a residential tenancy agreement and the eviction of a tenant
who has breached the agreement and failed to comply with a notice in respect of
such breach;
(c) an
action under Article 1(2) of the Petty Debts Court (Miscellaneous
Provisions) (Jersey) Law 2000 for the cancellation of a contract of lease;
and
(d) in
respect of proceedings under –
(i) the
Separation and Maintenance Orders (Jersey) Law 1953; or
(ii) Article 10
of the Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000.
12 Service
through the Viscount’s Department – when required
Service through the Viscount’s Department is required –
(a) where
personal service is required; and
(b) for
a summons to witness the confirmation of a provisional order for the arrest of
a person’s goods.
13 Personal
service – how it is done
Personal service of a document may only be done through the
Viscount’s Department; and is carried out by leaving it with the person
to be served.
14 Personal
service on company
Personal service of a document on a company may, in cases where
provision is not otherwise made by any enactment, be carried out by leaving it
with the president or chairman, or a director, secretary, treasurer or other
similar officer of the company, or by leaving it at or delivering it to the
registered office of the company.
15 Personal
service on the States or a Minister
(1) Personal
service of a document on the States may, in cases where provision is not
otherwise made by any enactment, be carried out by leaving it with the Greffier
of the States.
(2) Personal
service of a document on a Minister (including the Chief Minister) is carried
out by leaving it at the proper address of that Minister specified in the
States of Jersey (Proper Addresses for Ministers) (Jersey) Order 2014[11].
16 Ordinary
service
(1) Subject
to Rule 17, ordinary service of a document on an individual is carried out –
(a) by
leaving it at his or her last known address or last known place of business;
(b) by sending
it by post to his or her last known address or last known place of business;
(c) by
leaving it at the business address of the advocate or solicitor (if any) who
has undertaken in writing to accept service on his or her behalf; or
(d) in
such other manner as the Court may direct.
(2) Subject
to Rule 17, ordinary service of a document is carried out in the case of a
company –
(a) by
leaving it at the registered or principal office of the company;
(b) by
sending it by post to the registered or principal office of the company;
(c) by
leaving it at the last known place of business of the company;
(d) by
sending it by post to the last known place of business of the company;
(e) by
leaving it at the business address of an advocate or solicitor who has undertaken
in writing to accept service on behalf of the company; or
(f) in
such other manner as the Court may direct.
(3) Unless
a reason is shown to assume otherwise, a document posted locally to an address
in Jersey shall be assumed to have been served on the second day after it was
posted, not counting days on which there is no postal service.
17 Litigants
in person – Ordinary Service through the Greffier
(1) This
Rule applies where the plaintiff is a litigant in person.
(2) Ordinary
service must be carried out through the Greffier at the Magistrate’s
Court Greffe.
(3) The
originating summons and Claim Summary together with a stamped addressed
envelope must be delivered to the Greffier not later than 3 p.m. on the
last working day before the one on which an originating summons can be posted
to an address in Jersey so as to be served in time for the date for which the
defendant is being summoned to appear.
(4) The
Greffier shall countersign and post the originating summons and shall make a
record of when it was posted it.
18 Substituted
service
(1) If,
in the case of any document which 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 must be made by affidavit
stating the facts on which the application is founded.
(3) An
order giving permission 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 carried out by taking whatever steps the Court may direct to bring the
document to the notice of the person to be served.
19 Service
of process on agent of overseas principal
(1) Where
the Court is satisfied on an ex parte
application that –
(a) a
contract has been entered into in Jersey with or through an agent who is either
an individual residing or carrying on business in Jersey or a company having a
registered office or place of business in Jersey;
(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 company; and
(c) at
the time of the application either the agent’s authority has not been
determined or he or she is still in business relations with his or her
principal,
the Court may authorize service of process on the agent instead of
on the principal to commence the relevant proceedings.
(2) An
order under this Rule authorizing service of process which requires the person
to be served to appear before the Court must specify the date on which the
appearance is required.
(3) Where
an order is made under this Rule authorizing service of process on a
defendant’s agent, a copy of the order and of the process must be sent by
post to the defendant at his or her address out of the jurisdiction.
20 Service
of process for recovery of land where no-one appears to be in possession
Where proceedings are brought for the cancellation of a contract of
lease of or to recover the possession of land, the Court may –
(a) if
satisfied on an ex parte application that
no person appears to be in possession of the land and that service cannot
otherwise be carried out on any defendant, authorize service on that defendant
to be carried out by affixing a copy of the process to some conspicuous part of
the land;
(b) if
satisfied on such an application that no person appears to be in possession of
the land and that service could not otherwise be carried out on any defendant,
order that service already carried out by affixing the process to some
conspicuous part of the land shall be treated as good service on that
defendant.
21 Record
of service
(1) The
record of service of a document must state –
(a) who
carried out service;
(b) how
it was carried out; and
(c) where
and when it was carried out.
(2) It
is not sufficient to state only that service of a document was effected by
ordinary service.
22 Service
outside Jersey
(1) Service
of an originating summons outside Jersey may be allowed by the Court whenever –
(a) relief
is sought against a person domiciled or ordinarily resident in Jersey;
(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 in
Jersey,
(ii) was made by or
through an agent trading or residing in Jersey on behalf of a principal trading
or residing outside Jersey,
(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 in Jersey of a contract made
within or outside Jersey, and irrespective of the fact, if such be the case,
that the breach was preceded or accompanied by a breach committed outside
Jersey that rendered impossible the performance of so much of the contract as
ought to have been performed in Jersey;
(d) the
claim is founded on a tort and the damage was sustained, or resulted from an
act committed, in Jersey;
(e) the
whole subject-matter of the action is land in Jersey; and
(f) the
claim is brought to enforce any judgment or arbitral award.
(2) Every
application for permission to serve an originating summons on a defendant
outside Jersey must be supported by affidavit or other evidence stating that,
in the belief of the person making the statement, the plaintiff has a good
cause of action and showing in what place or country the defendant is or
probably may be found, and the grounds for making the application; and no such
permission shall be granted unless it appears to the Court that the case is a
proper one for service outside Jersey.
(3) Any
order giving permission to effect such service shall specify the date upon
which the 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 attached to a copy of the summons
and tabled with the Claim Summary instead of a record of service in accordance
with Rule 25.
23 Time
within which summons to be served
Except where provision is otherwise made, any summons for appearance
before the Court must be served at least 4 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 in
the proceedings.
24 Date
for appearance
(1) Unless
otherwise directed by the Court, an originating summons must not be served
unless the plaintiff has agreed with the Greffier the date for which appearance
is required to reply to a summons.
(2) If
an originating summons is served without a date for appearance having been
agreed with the Greffier, the proceedings on the summons may be adjourned at
the discretion of the Court.
(3) A
direction under paragraph (1) may relate to individual cases or proceedings
or to types or classes of case or proceeding.
PART 3
PROCEEDINGS BEFORE THE COURT
25 Tabling
of proceedings
(1) Where
proceedings are to be brought before the Court for the first time, the Claim
Summary and record of service must be filed at the Magistrate’s Court
Greffe not later than 1 p.m. on the second working day before the day on
which the proceedings are due to be called.
(2) The
Claim Summary and record of service must be on the same document except where
service has been carried out through the Viscount’s Department.
(3) If
the Greffier is satisfied that the Claim Summary complies with these Rules, he
or she shall place it on the Court list.
(4) A
record of service shall not be necessary when the Greffier has posted the
summons and made a record in accordance with Rule 17(4)).
26 Grounds
for declaring originating summons invalid
(1) The
Court may declare an originating summons to be invalid –
(a) if
it has not been served in accordance with these Rules; or
(b) if
the Claim Summary and the originating summons differ in a way that affects the
defendant’s rights.
(2) If
an originating summons served on a defendant is declared invalid, he or she
shall be discharged from the proceedings.
27 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.
28 Prescription
(running of time)
(1) The
running of time within which to bring an action (prescription) is interrupted
by the service of proceedings for appearance before the Court or, where an
order for substituted service is made under Rule 18, on the making of the
order.
(2) However,
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.
29 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
terms as to costs or otherwise agreed by the parties or decided by the Court.
(2) An
application for an order under paragraph (1) must be made by summons and,
if made by a defendant, must 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.
30 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 anything still in dispute for mediation in accordance with
Rule 31;
(e) where
appropriate give judgment against a defendant for liability with the matter of
the amount of damages being sent to proof or to mediation or with other procedural directions being given
for the amount of damages to be assessed;
(f) if
the Court considers that the proceedings ought not to be sent to proof, give
procedural directions or take any step needed to bring the matters in dispute
to an early resolution; or
(g) send
the proceedings to proof, whether under Rule 32 or in the course of small
claims proceedings, in respect of anything still in dispute.
(2) Other
than in exceptional circumstances, proceedings must not be adjourned more than
3 times to a subsequent ordinary sitting of the Court.
31 Mediation
Despite anything in these Rules, at the first or any subsequent
hearing of any disputed proceedings the Court may adjourn the proceedings for
mediation on any terms it considers appropriate and may give any consequential
directions it thinks necessary.
32 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 must, within 14 days, unless the Court
orders otherwise, file a detailed statement of his or her claim in relation to
the matters which remain in dispute.
(2) A
defendant may, on giving 4 clear days’ notice to the Greffier and to the
plaintiff ask the Court to strike out the plaintiff’s
proceedings –
(a) where
the time for filing a statement of claim has passed 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.
(3) The
defendant must, unless the Court orders otherwise, file an answer to the
statement of claim within 14 days of receiving it.
(4) The
plaintiff may, unless the Court orders otherwise, file a reply to the answer
within 14 days of receiving it.
(5) Except
when the answer contains a counterclaim, no subsequent pleading shall be filed
except with the permission of the Court.
(6) Subject
to paragraph (11), a defendant in an action may counterclaim against the
plaintiff any right or claim which the Petty Debts Court has jurisdiction to determine.
(7) The
Court may pronounce a final judgment in the same action both on the original
claim and on the counterclaim.
(8) A
counterclaim must be made in writing and contain sufficient details.
(9) When
the answer contains a counterclaim, the plaintiff must, within 14 days of
receipt of the counterclaim, file an answer to the counterclaim and the
defendant may, unless the Court orders otherwise, within 14 days of the
receipt of the answer to counterclaim, file a rejoinder.
(10) A copy
of every statement of claim, answer, reply, rejoinder and subsequent pleading
must, within 24 hours after it is filed, be delivered by the party filing
to the opposite parties.
(11) Where a
defendant makes a counterclaim, if the plaintiff contends that the claim made
ought not to be disposed of by way of counterclaim but in an independent
action, the Court may at any time order that the counterclaim be excluded.
(12) If in
any case in which the defendant makes a counterclaim the action of the
plaintiff is stayed, discontinued or dismissed, the counterclaim may still be
determined by the Court.
(13) The
plaintiff may, on giving 2 clear days’ notice to the Greffier and to the
defendant, ask the Court to pronounce judgment against the
defendant –
(a) where
the time for filing an answer (including an answer to counterclaim) has passed
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 2 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, including a pleading filed by a third party, 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, without affecting what may be done under Rule 46 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.
33 Directions
hearing
(1) As
soon as practicable after the time for filing pleadings has passed the parties
must attend a directions hearing (if the date for such a hearing has not
already been fixed).
(2) The
date for the directions hearing may be fixed by the Court of its own motion or
on application.
(3) At
the directions hearing the Court may make any order or give any direction that
it is empowered to make or give under Rule 30.
34 Non-compliance
with procedural requirements
If a party fails to comply with an order made or direction given
under Rule 30 or 33, the Court may, on the application of any other
party to the action, make such order as it thinks just including, in
particular, an order that the action be dismissed or, as the case may be, that
the answer or other pleading be struck out and judgment entered accordingly,
and such order for costs as may be appropriate.
35 Orders
before final judgment
An application for an order before final judgment shall be made by a
summons returnable before the Court which must 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.
36 Striking
out
(1) The
Court may at any stage of the proceedings order to be struck out or amended any
claim or pleading, or anything in any claim or pleading, on the ground that –
(a) it
discloses no reasonable cause of action or defence, as the case may be;
(b) it
is scandalous, frivolous or vexatious;
(c) it
may prejudice, embarrass or delay the fair trial of the action; or
(d) it
is otherwise an abuse of the process of the court,
and may make such consequential order as the justice of the case may
require.
(2) No
evidence shall be admissible on an application under paragraph (1)(a).
37 Grounds
for summary judgment
(1) Where
the proceedings have been sent to proof the Court may 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.
38 Procedure
on application for summary judgment
(1) 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.
(2) 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.
(3) The
application must be supported by an affidavit verifying the facts to which the
application relates and stating that, in the belief of the person making the
statement, 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.
(4) 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.
(5) The
summons and a copy of the affidavit must be served on the other party not less
than 14 days before the day on which the summary judgment hearing is to
take place.
39 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.
40 Orders
the Court may make on application for summary judgment
(1) The
orders the Court may make on an application for summary judgment 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.
41 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.
42 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 29 shall apply.
43 Third
parties
(1) Where
a defendant in his or her 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;
(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 or she shall from the time of service be
a party to the action as if the third party had been made a defendant in an
original action either by the defendant on whose application he or she was
convened or by the plaintiff.
(4) Where
the time for filing an answer or an amended answer by the third party has
passed and no answer has been filed –
(a) he
or she 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 2
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 or her in the action, at any time after the judgment is
satisfied and, with the Court’s permission, before it is satisfied,
obtain judgment against the third party in respect of any contribution or
indemnity claimed in his or her answer and, with the permission of the Court,
in respect of any other relief or remedy claimed in the answer.
(5) The
Court may at any time set aside or vary a judgment given under paragraph (5)
on whatever terms it thinks just.
(6) 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.
(7) 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 permission 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 or her answer –
(a) claims
against a person who is already a party to the action any contribution or
indemnity;
(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
himself or herself 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 paragraph (2)
shall apply.
(9) Where
a defendant has convened a third party and the third party makes a claim or
requirement mentioned in paragraph (1) or (9), 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 that person were a
third party, makes such a claim or requirement.
44 Consolidation
of causes or matters
(1) Where
2 or more actions are pending, then, if it appears to the Court –
(a) that
some common question of law or fact arises in both or all of them;
(b) that
the rights to relief claimed 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 whatever
terms 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.
45 Amendment
of claim or pleading
(1) The
Court may at any stage of the proceedings allow a plaintiff to amend his or her
claim, or any party to amend his or her pleading, on whatever terms as to costs
or otherwise may be just.
(2) Any
party may at any stage of the proceedings amend his or her pleadings with the
consent of the other parties.
46 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) file
his or her response; and
(b) serve
it on the other parties,
within the time and, if applicable, in the manner, specified by the
Court.
47 Discovery
and inspection of documents
(1) Each
party to any proceedings must provide copies to any other party of all
documents in his or her possession, custody or power relating to any matter in
question in the cause or matter and which are referred to expressly or by
implication in any pleading, affidavit or witness statement of any party or
which any party wishes to rely on at trial.
(2) If
a party does not want to provide a copy of a document because it is desired to
claim that the document is privileged from production, the claim must be set
out in writing with a sufficient statement of the grounds of the privilege
relied on.
(3) A
party who has provided any other party with copies of documents in compliance
with paragraph (1) must allow the other party to inspect any original of
any document held by that party (other than any document which he or she
objects to produce under paragraph (2)).
(4) Any
party wishing to inspect an original document must give at least 3 days’
notice in writing to the party who holds the original that he or she wishes to
inspect it.
(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 or her possession, custody or power, and if
not then in his or her possession, custody or power, when he or she parted with
it and what has become of it.
(6) The
Court may order any party to any proceedings in whose pleadings, affidavits or
witness statement reference is made to any document to produce the original of
that document for the inspection of any other party and to permit him or her to
take copies.
(7) Before
applying by summons, a party may apply by letter to any other party –
(a) to
furnish him or her with a copy of a document; or
(b) to
allow him or her to inspect and take copies of the documents referred to in the
letter,
or both.
48 Admissions
(1) A party
to any proceedings may give notice, by his or her pleading or otherwise in
writing, that he or she 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 or her
pleadings or otherwise, any other party to the proceedings may apply to the
Court for such judgment or order as on those admissions he or she 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.
PART 4
SMALL CLAIMS
49 Small
Claims Procedure
(1) Unless
in any proceedings the Court orders otherwise, this Rule applies to any
proceedings where the amount claimed does not exceed £5,000 other than
proceedings which include a claim for damages –
(a) for
personal injuries;
(b) under
the Fatal Accidents (Jersey) Law 1962[12]; 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[13].
(2) The
proceedings must be started by an originating summons.
(3) Rule 30
shall apply at the first hearing of the proceedings.
(4) If
the claim is not settled at mediation –
(a) the
plaintiff must, within such period as the Court may require, file a detailed
statement of his or her claim in the form determined by practice directions,
accompanied by all of the documents referred to in the particulars and any
other documents relied on to support the claim; and
(b) the
defendant must, within such period as the Court may require, file an answer in
the form determined by practice directions, accompanied by all of the documents
referred to in the answer and any other documents relied on to support the
answer.
(5) The
Court shall review the documents filed by the parties under paragraph (4)
and may require one or more of the parties to file further pleadings,
particulars and documents or to comply with any other direction given for the
purposes of the proceedings.
(6) When
the Court is satisfied that the pleadings and other documents filed under paragraph (4)
are sufficient to proceed to a trial of the proceedings, the Court shall fix a
date for the trial; and shall issue any other necessary directions.
(7) None
of the Rules relating to –
(a) sending
to proof and pleadings (Rule 32);
(b) discovery
and inspection (Rule 47);
(c) fixing
a date for trial (Rule 53); and
(d) evidence
(Rule 55),
shall apply to the proceedings except insofar as the Court orders
otherwise.
(8) Any
hearing of the proceedings is informal and accordingly –
(a) the
Court may adopt any method of proceeding that it considers to be fair;
(b) the
strict rules of evidence do not apply;
(c) the
Court need not take evidence on oath; and
(d) the
Court may limit cross-examination.
(9) The
Court must give reasons for its decision.
PART 5
OTHER PROCEDURAL MATTERS
50 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 which he or she has
made, or withdraw his or her defence or any part of it, without the permission
of the Court, and any such permission may be given on whatever terms as to
costs, the bringing of a subsequent action or otherwise, are just.
(2) Subject
to the terms imposed by the Court in granting permission, the fact that a party
has discontinued an action or counterclaim or withdrawn a particular claim
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 paragraph (1), then if, before
payment of such costs, the party 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.
51 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 7 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 the permission of the Court, such permission 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 must 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 or her
decision.
52 Misjoinder
and nonjoinder of parties
At any stage of the proceedings in any cause or matter the Court may
on whatever terms it thinks just, 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 or her 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 or her
consent signified in writing or in such other manner as the Court may direct.
53 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 take steps before the Greffier to fix a date for
the trial of the proceedings (“a trial date”).
(2) Upon
the payment of the appropriate stamp fee, the Greffier shall fix a date for a
trial date.
(3) 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 trial date must, not less than 4 clear days beforehand,
notify in writing the other parties to the proceedings of his or her intention
to make the application and of the date and time at which he or she intends to
apply;
(b) on
the date and at the time notified the parties must attend either personally or
through their advocates or solicitors or through a representative of their
advocates or solicitors on the Greffier, 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 trial date;
(c) if
the Greffier is not satisfied that the proceedings are ready for trial, the
Greffier shall adjourn the application;
(d) when
a trial date has been fixed the party applying shall within 2 days notify
in writing all other parties to the proceedings, who were not present at the
hearing of the application, of the date fixed; 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) may be sent to the last
known address of any such party.
54 Dismissal
of proceedings for want of prosecution
Where proceedings have been adjourned indefinitely (“sine
die”) or have remained sent to proof for more than one year from the date
when they were first adjourned or sent to proof, the Court may, after giving
one week’s notice in open Court, order that the proceedings be dismissed.
55 Evidence
(1) 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.
(2) Rule 34
(non-compliance with procedural requirements) shall apply to a failure to
comply with an order given under paragraph (1) as it applies to a failure
to comply with an order or direction given under Rule 30 or 33.
PART 6
COSTS
56 Costs:
jurisdiction
Subject to this Part, the costs of and incidental to all proceedings
in the Court shall be in the discretion of the Court, and the Court shall have
full power to determine by whom and to what extent the costs are to be paid.
57 Costs
assessed by the Greffier
(1) This
Rule applies to an order made by the Court for costs in proceedings which have
been struck out on the grounds that –
(a) a
party has disclosed no reasonable grounds for bringing or defending the
proceedings;
(b) the
proceedings or their defence are an abuse of the court’s process; or
(c) the
conduct of –
(i) a party, or
(ii) a person acting
on a party’s behalf and with the party’s knowledge of such conduct,
is likely to obstruct the just disposal of the proceedings.
(2) The
amount of costs which any party shall be entitled to recover under the order is
assessed by the Greffier.
(3) The
Greffier shall assess the amount on the standard basis unless the Court has
ordered the costs to be assessed on the indemnity basis.
(4) The
standard basis and the indemnity basis have same meaning as they have for the
time being in the Royal Court Rules 2004[14].
58 Fixed
costs
(1) This
Rule applies to an order made by the Court for costs in proceedings other than
proceedings referred to in Rule 57.
(2) The
party awarded costs under the order shall, unless the Court orders otherwise,
recover such costs on the basis of a scale of fixed costs issued from time to
time by practice directions.
(3) Practice
directions for the purpose of paragraph (2) may include provision for the
apportionment of costs.
59 Payment
of costs
(1) Where
a person is liable to pay any costs, the Court may order the person to make an
interim payment on account of costs before the full amount of costs has been
quantified.
(2) Any
amount of costs payable in accordance with these Rules is recoverable as a
judgment debt.
PART 7
PRACTICE DIRECTIONS
60 Practice
directions
Practice directions for the purposes of these Rules shall be issued
by the Magistrate with the agreement of the Bailiff.
PART 8
REPEALS, CITATION ETC.
61 Laws
amended
(1) In Article 2
of the Loi (1891) sur la Cour pour le recouvrement de menues dettes[15] the words “tous les
Mercredis, (excepté les jours observés comme fériés
par la Cour Royale), tant en vacance qu’en terme, à 10am,”
shall be deleted.
(2) Article 3
of the Civil Proceedings (Jersey) Law 1956[16] is repealed.
62 Petty
Debts Court Rules 2004 revoked
The Petty Debts Court Rules 2004[17] are revoked.
63 Citation
and commencement
(1) These
Rules may be cited as the Petty Debts Court Rules 2018.
(2) These
Rules shall come into force on 9th April 2018.
m.J. thompson
Master of the Royal Court