Royal Court
(Amendment No. 7) Rules 2007
Made 22nd October 2007
Coming into force 29th
October 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 Part
1 amended
In Rule 1/1(1) of the principal Rules the definition of
“action” shall be deleted.
3 Part
3 amended
(1) In
Rule 3/1(1) of the principal Rules for the word “actions” in sub-paragraphs
(a), (b), (c), (d) and (e) there shall be substituted the word
“proceedings”.
(2) In
Rule 3/3 of the principal Rules –
(a) in
the heading, for the word “actions”
there shall be substituted the word “proceedings”;
(b) for
the opening words “An action before” there shall be substituted the
words “Proceedings before”; and
(c) for
the words “action in vacation or the Court and the parties agree
to” there shall be substituted the word “proceedings or the Court
orders”.
4 Part
4 amended
In Rule 4/2 of the principal Rules –
(a) in
the heading, for the word “Actions”
there shall be substituted the word “Proceedings”;
and
(b) in
paragraph (1) for the words “any action” there shall be substituted
the word “proceedings”.
5 Part
6 amended
(1) In
the heading to Rule 6/2 of the principal Rules for the word
“action” there shall be substituted the word
“proceedings”.
(2) In
Rule 6/4(2) of the principal Rules for the word “action” there
shall be substituted the word “proceedings”.
(3) In
Rule 6/14 of the principal Rules –
(a) in
paragraph (1) –
(i) after the words
“any action” there shall be inserted the words “or
representation”,
(ii) for the words
“the proceedings” (in the 3 places they appear) there shall be
substituted the words “action or representation”,
(b) in
paragraph (2) and in paragraph (3) after the words “the action”
there shall be inserted the words “or representation”;
(c) for
paragraph (4) there shall be substituted the following paragraph –
“(4) Where a person seeks in an
action or representation –
(a) relief which could have been sought by way
of action or representation; and
(b) relief which could have been sought by way
an application for judicial review,
any person against whom such
relief is sought may apply to the Court for an order striking out any claim
relating to matters that could have been the subject of an application for
judicial review and the Court shall make such an order if, having regard to all
the circumstances of the case, it considers that the matter was not properly
included in the action or representation or that it was not appropriate to
include that claim in the action or representation rather than pursuing that
claim by way of an application for judicial review.”; and
(d) in
paragraph (5) and in paragraph (6) after the word “action” there
shall be inserted the words “or representation”.
(4) In
Rule 6/20 of the principal Rules –
(a) in
paragraph (1) for the words “any action” there shall be substituted
the words “any proceedings”; and
(b) in
paragraph (3) the words “in an action” shall be deleted.
(5) In
Rule 6/21(3) of the principal Rules, in sub-paragraph (b) –
(a) for
the words “an action” there shall be substituted the word
“proceedings”; and
(b) for
the words “the action” there shall be substituted the words
“the proceedings”.
(6) In
Rule 6/25 of the principal Rules –
(a) for
the heading there shall be substituted the heading “Deemed withdrawal; dismissal”;
(b) in
paragraph (1) –
(i) for the words
“an action has” there shall be substituted the words
“proceedings have”,
(ii) for the words
“the action” there shall be substituted the words “the
proceedings”; and
(c) in
paragraph (3) for the words “an action” there shall be substituted
the words “any proceedings”.
(7) At
the end of Rule 6/26 of the principal Rules there shall be added the following
paragraphs –
“(14) A person who was a party to an action
dismissed pursuant to paragraph (13) may apply to the Court for the action to
be reinstated.
(15) An application under paragraph (14) must be made
by summons which –
(a) states the grounds of the application; and
(b) is supported by an accompanying affidavit
verifying the facts on which the application is based.
(16) On an application under paragraph (14) the Court,
if it reinstates the action, may do so on terms as to costs (including security
for costs) and shall give such directions as it thinks fit as to the future
course of the action.”.
(8) At
the end of Rule 6/32 of the principal Rules there shall be added the following
paragraph –
“(3) This Rule applies to the
hearing of proceedings on a representation as it applies to the hearing of an
action.”.
(9) In
Rule 6/33 of the principal Rules –
(a) in
paragraph (1) for the words “action before” there shall be
substituted the word “proceedings before”;
(b) in
paragraph (3) and in paragraph (4) for the words “the action” there
shall be substituted the words “the proceedings”; and
(c) in
paragraph (5) for the words “the action is” there shall be
substituted the words “the proceedings are”.
(10) After
Rule 6/36 of the principal Rules there shall be inserted the following
Rule –
“6/37 Procedure
etc. in proceedings commenced by representation
(1) In proceedings commenced by representation,
the procedure to be followed shall be such as the Court may, in its discretion,
determine in the particular case.
(2) In the exercise of its discretion under
paragraph (1), the Court may at any stage direct that any provision of these
Rules governing procedure and pleadings in an action shall apply mutatis mutandis to the proceedings.”.
6 Part
15 amended
(1) For
paragraph (5) of Rule 15/3B of the principal Rules there shall be substituted
the following paragraphs –
“(5) The
respondent may, at the hearing of the appeal, appear and be heard –
(a) by
a senior officer of the Planning and Environment Department authorized by the
respondent for that purpose; or
(b) by
a representative who, if not an advocate, has a relevant qualification and
–
(i) is employed in an
established post in the Law Officers Department, and
(ii) has been approved
by the Greffier or by the Bailiff as a person appropriate to represent the
respondent by reason of his or her expertise in planning law and practice.
(5A) A person has a
relevant qualification for the purpose of paragraph (5)(b)(i) if he or she
has been admitted –
(a) as
a solicitor (écrivain) of the Royal Court;
(b) as
an advocate of the Royal Court of Guernsey;
(c) to
the degree of the Utter Bar of one of the Inns of Court of England and Wales;
(d) as
a member of the Faculty of Advocates in Scotland;
(e) as
a solicitor of the Supreme Court of England and Wales;
(f) to
the Roll of Solicitors in Scotland;
(g) as
a member of the Bar of Northern Ireland; or
(h) as
a solicitor of the Supreme Court of Northern Ireland.”.
(2) In
Rule 15/3D of the principal Rules –
(a) in
paragraph (5)(b) after the words “served on the appellant” there
shall be inserted the words “and on the respondent”; and
(b) in
paragraph (6) after the words “joined as a party to the appeal”
there shall be inserted the words “and the Greffier shall inform the
appellant and the respondent that the applicant has been so joined”.
7 Part
20 amended
In Rule 20/4 of the principal Rules for the word
“action” there shall be substituted the word
“proceedings”.
8 Schedules
4 and 4A substituted
For Schedules 4 and 4A to the principal Rules there shall be
substituted the Schedules so numbered set out in the Schedule (to these Rules).
9 Citation
and commencement
These Rules may be cited as the Royal Court (Amendment No. 7) Rules
2007 and shall come into force 7 days after they are made.
P. MATTHEWS
Deputy Judicial Greffier