Royal Court
(Amendment No. 6) Rules 2007
Made 14th May 2007
Coming into force 21st
May 2007
THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of
the Royal Court (Jersey) Law 1948[1], has made the following Rules –
1 Interpretation
In these Rules, “principal Rules”
means the Royal Court Rules 2004[2].
2 Rule
6/23A inserted
After Rule 6/23 of the principal Rules there shall be inserted the
following Rule –
“6/23A Exchange
of affidavits etc.
(1) At any stage in any cause or matter, the
Court may, if it thinks fit for the purpose of disposing fairly and
expeditiously of the cause or matter, direct any party to serve on the other
parties, on such terms as the Court thinks just, affidavits or written
statements containing the oral evidence that the party intends to lead on any
issues of fact to be decided at the trial.
(2) If the party serving an affidavit or
statement under paragraph (1) does not call the witness to whose evidence
it relates, no other party may put it in evidence at the trial without the
leave of the Court.
(3) Unless the Court otherwise orders, if the
party serving the affidavit or statement does call such a witness at the
trial –
(a) that party may not without the consent of
the other parties or the leave of the Court lead evidence from that witness the
substance of which is not included in the affidavit or statement served, except
in relation to new matters which have arisen in the course of the trial;
(b) the Court may, on such terms as it thinks
fit, direct that the affidavit or statement served, or part of it, shall stand
as the evidence in chief of the witness or part of such evidence;
(c) whether or not the affidavit or statement or
any part of it is referred to during the evidence in chief of the witness, any
party may put the affidavit or statement or any part of it in cross-examination
of that witness.
(4) A party who fails to comply with a direction
given under paragraph (1) shall not without the leave of the Court be
entitled to adduce evidence to which the direction related.”.
3 Rule
18/5 amended
In Rule 18/5 of the principal Rules –
(a) for
paragraph (3) there shall be substituted the following paragraphs –
“(3) If the Bailiff grants the
application, the Bailiff shall notify the applicant and the Greffier in writing
that the caveat has been lodged.
(3A) On receipt of that notification –
(a) the applicant shall give written notice of
the lodging of the caveat to every person whose immovable property is affected
by it; and
(b) the Greffier shall cause it to be placed,
until the caveat has been lifted or is no longer in force, in a file forming
part of the Public Registry.”;
(b) in
paragraph (4) for the words “paragraph (3)” there shall be
substituted the words “paragraph (3A)(b)”.
4 Schedule
3 amended
In Schedule 3 to the principal Rules –
(a) in
the heading, for the word “Forms”
there shall be substituted the word “Form”;
(b) after
item 7 there shall be inserted the following item –
“7a Every party shall
within days serve upon every other party
[affidavits made] [statements signed] by those witnesses of fact upon whose
evidence it is intended to rely”.
5 Schedule
6 amended
For the last form in Schedule 6 to the principal Rules
(‘Form of acknowledgement where a third party makes a declaration with
regard to existing hypothecary rights’) there shall be substituted the
form set out in the Schedule to these Rules.
6 Citation
These Rules may be cited as the Royal Court (Amendment No. 6)
Rules 2007 and shall come into force 7 days after they are made.
p. matthews
Deputy Judicial Greffier