Court
of Appeal (Civil) (Amendment No. 5)
Rules 2019
Made 22nd July 2019
Coming into
force 23rd July 2019
THE COURT OF APPEAL makes these Rules under Article
19 of the Court of Appeal (Jersey) Law 1961[1] –
1 Interpretation
In these Rules “principal
Rules” means the Court of Appeal (Civil) Rules 1964[2].
2 Rule 10A amended
In Rule 10A of the principal Rules after paragraph (3) there
shall be inserted the following paragraph –
“(4) This Rule does not apply to an appeal which lies to the Court
under Article 68(1)(b) of the Children (Jersey) Law 2002[3].”.
3 Rule 18 amended
In Rule 18 of the principal Rules after paragraph (2) there shall be
inserted the following paragraphs –
“(3) Taxation of costs for the purposes of paragraph (1) includes
taxing by way of summary assessment of the costs of or arising out of any
application.
(4) 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.
(5) An amount ordered to be paid on account under paragraph (4) is
recoverable in the same way as if the proceedings in question were before the
Royal Court.”.
4 Rule 18B inserted
After Rule 18A of the principal Rules there shall be inserted the
following Rule –
“18B Leave of the Court under Article 14 of the Law
An application to the Court
under Article 14 of the Law for leave to appeal from a decision of the Court
shall be made within 28 days of the date on which the decision was given
or, if later, of the date on which reasons for the decision were given.”.
5 Citation and
commencement
These Rules may be cited as the Court of Appeal (Civil) (Amendment
No. 5) Rules 2019 and shall come into force on the day after they are made.
A.J. Clarke
Judicial Greffier