Petty Debts Court
Rules 2018
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;
“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;
“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.
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 (concerning notices to quit
and evictions);
(c) actions
under Article 1(2) of the Petty Debts Court (Miscellaneous Provisions)
(Jersey) Law 2000 (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; and
(b) proceedings
under the Maintenance Orders (Facilities for Enforcement)
(Jersey) Law 2000.
(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.
(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 Address for Ministers)
Order 2024.[1]
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; 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.
(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.
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
CITATION
61 Citation
These Rules may be cited as the Petty Debts Court Rules 2018.