Service
of Process Rules 2019
PART 1
SERVICE OUTSIDE JERSEY OF PROCESS OF JERSEY COURTS
1 Scope of this Part
(1) This Part applies –
(a) service of Jersey process
out of the jurisdiction;
(b) obtaining the permission
of the Court for service; and
(c) the procedure for
service.
(2) This Part does not apply to the service of
documents in matrimonial causes or matters.
2 Interpretation
In this Part –
“civil procedure convention” means
any convention (including the Hague Convention) which applies or has been
extended to Jersey regarding service out of the jurisdiction;
“Commonwealth State” means a
state listed in Schedule 3 to the British Nationality Act 1981;
“Court” means the Royal Court
or the Greffier;
“defendant” includes a third
party convened in an action and a respondent to proceedings commenced by
representation;
“Greffier” means the Judicial
Greffier;
“Hague Convention” means the
Convention on the service abroad of judicial and extrajudicial documents in
civil or commercial matters signed at the Hague on 15 November 1965;
“the jurisdiction” means
Jersey;
“plaintiff” includes a
defendant who is convening a third party in an action and the representor in
proceedings commenced by representation;
“sealed” and “under seal” mean sealed with the seal of
Jersey;
“Summons” means process in any
civil or commercial matter summoning or citing a person outside Jersey to
appear before a court of Jersey.
3 Grounds for Service out
of the jurisdiction
(1) The plaintiff may serve a Summons out of
the jurisdiction with the permission of the Court if any of the grounds
specified in the Schedule applies.
(2) Despite paragraph (1) where the
parties to a contract have agreed that a Summons can be served in or out of the
jurisdiction in a manner specified in the contract, service in the manner
specified shall be good and effective service wherever the person to be served
is resident.
4 Application for
permission to serve the Summons out of the jurisdiction
(1) An application for permission under Rule 3
must be made to the Greffier in writing.
(2) Despite paragraph (1) an application
for permission under Rule 3 may be made to the Bailiff or to the Inferior
Number of the Royal Court if the application is part of or incidental to a
matter before the Bailiff or the Inferior Number, as the case may be.
(3) The application must –
(a) state which ground in the
Schedule is relied on and show that there is a good arguable case on that
ground;
(b) show –
(i) that there is a serious issue to be tried
and that the plaintiff believes that the claim has a reasonable prospect of
success,
(ii) why Jersey is the proper
place in which to bring the claim; and
(c) state –
(i) the defendant’s address and email address
(if known), and
(ii) by what means the
defendant is to be made aware of the Summons.
(4) Where the application is made in respect of
a claim referred to in paragraph 1(3) of the Schedule, the application
must also state the grounds on which the plaintiff believes that there is
between the plaintiff and the defendant a real issue which it is reasonable for
the Court to try.
(5) The application must be supported by
affidavit.
(6) The Court will not give permission unless
satisfied that Jersey is the proper place in which to bring the claim.
(7) Where the Court gives permission to serve
the Summons out of the jurisdiction –
(a) the Court will specify –
(i) the date upon which the defendant is to
appear before the Royal Court of Jersey, or
(ii) the time within which
the defendant is to file an answer or any other response or document; and
(b) the Court may –
(i) give directions about the method of
service, and
(ii) give permission or
directions for other documents in the proceedings to be served out of the
jurisdiction.
5 Service of documents
other than the Summons – permission
Where –
(a) give permission or directions for other
documents in the proceedings to be served out of the jurisdiction; and
(b) the Summons states that particulars of
claim are to follow,
the permission of the Court is not required to serve the particulars
of claim.
6 Notice of proceedings –
non-parties
Where notice of proceedings under these Rules is served out of the
jurisdiction on a person who is not a party to the proceedings, that person may
make an application to the Court under Rule 6/7 of the Royal Court Rules 2004 to dispute the jurisdiction
of the Court as if that person were a party.
7 Methods of service –
general provisions
(1) Where a party wishes to serve a Summons or
other document on a party out of the jurisdiction, it must be served by the
method directed by the Court and otherwise may be served –
(a) by any method provided
for by –
(i) Rule 8 (service through foreign
governments, judicial authorities and British Consular authorities),
(ii) Rule 10 (service by
other methods),
(iii) Rule 11 (service of
Summons or other document on a State);
(b) by any method permitted
by a civil procedure convention or treaty; or
(c) by any other method
permitted by the law of the country in which it is to be served.
(2) Nothing in this Rule or in any court order
authorises or requires a person to do anything in a country where the Summons
or other document is to be served which is contrary to the law of that country.
8 Service through foreign
governments, judicial authorities and British Consular authorities
(1) Where a party wishes to serve the Summons
or any other document in any country which is a party to a civil procedure
convention or treaty providing for service in that country, it may be served –
(a) through the authority
designated under the relevant civil procedure convention or treaty in respect
of that country; or
(b) if the law of that
country permits –
(i) through the judicial authorities of that
country, or
(ii) through a British
Consular authority in that country (subject to any provisions of the applicable
convention about the nationality of persons who may be served by such a
method).
(2) Where a party wishes to serve a Summons or
any other document in any country with respect to which there is no civil
procedure convention or treaty providing for service in that country, the
Summons or other document may be served, if the law of that country so permits –
(a) through the government of
that country, where that government is willing to serve it; or
(b) through a British
Consular authority in that country.
9 Procedure where service
is to be through foreign governments, judicial authorities and British Consular
authorities
(1) This Rule applies where a party wishes to
serve a Summons or any other document under Rule 8(1) or Rule 8(2).
(2) Where this Rule applies, that party must
file –
(a) a request for service of
the Summons or other document specifying one or more of the methods in Rule 8(1)
or Rule 8(2);
(b) a copy of the Summons or
other document;
(c) any other documents or
copies of documents required by Practice Directions; and
(d) any translation required
under Rule 12.
(3) Where a party files the documents specified
in paragraph (2), the Greffier will –
(a) seal the copy of the
summons or other document; and
(b) forward the documents to
the Bailiff.
(4) The Bailiff will send documents forwarded
under this Rule –
(a) where the Summons or
other document is being served through the authority designated under a civil
procedure convention or treaty, to that authority; or
(b) in any other case, to the
Foreign and Commonwealth Office with a request that it arranges for the Summons
or other document to be served.
(5) An official certificate which –
(a) states that the method
requested under paragraph (2)(a) has been performed and the date of such
performance;
(b) states, where more than
one method is requested under paragraph (2)(a), which method was used; and
(c) is made by –
(i) a British Consular authority in the country
where the method requested under paragraph (2)(a) was performed,
(ii) the government or
judicial authorities in that country, or
(iii) the authority designated
in respect of that country under a civil procedure convention or Treaty, is
evidence of the facts stated in the certificate.
(6) A document purporting to be an official
certificate under paragraph (5) is to be treated as such a certificate,
unless it is proved not to be.
10 Service by other methods
(1) Where a party wishes to serve a Summons or
any other document in any country with respect to which there is no civil
procedure convention or treaty providing for service in that country, the
Summons or other document may be served, if the law of that country so permits,
through a process server in that country, properly authorised in that regard.
(2) Where a party wishes to serve the Summons
or other document in –
(a) any Commonwealth State
which is not a party to the Hague Convention or is such a party but the
Government of the United Kingdom has not declared acceptance of its accession
to the Convention;
(b) the United Kingdom,
Guernsey or the Isle of Man; or
(c) any British overseas
territory,
the party or the party’s agent must effect service either directly
or by another method directed by the Court.
11 Service of summons or
other document on a State
(1) This Rule applies where a party wishes to
serve the summons or other document on a State.
(2) In this Rule, “State” has the meaning given
by section 14 of the State Immunity Act 1978 (as extended to Jersey by the
State Immunity (Jersey) Order 1985).
(3) The party must file in the Bailiff’s
Chambers –
(a) a request for service to
be arranged by the Foreign and Commonwealth Office;
(b) a copy of the summons or
other document; and
(c) any translation required
under Rule 12.
(4) The Bailiff will send the documents filed
under this Rule to the Foreign and Commonwealth Office with a request that it
arranges for them to be served.
(5) An official certificate by the Foreign and
Commonwealth Office stating that a summons or other document has been duly
served on a specified date in accordance with a request made under this Rule is
evidence of that fact.
(6) A document purporting to be such a
certificate is to be treated as such a certificate, unless it is proved not to
be.
(7) Where –
(a) section 12(6) of the
State Immunity Act 1978 (as extended to Jersey by the State Immunity (Jersey)
Order 1985) applies; and
(b) the State has agreed to a
method of service other than through the Foreign and Commonwealth Office,
the summons or other document may be served either by the method
agreed or in accordance with this Rule.
12 Translation of summons or
other document
(1) Except where paragraph (4) or (5)
applies, every copy of the summons or other document filed under Rule 8
(service through foreign governments, judicial authorities etc.) or Rule 11
(service of summons or other document on a State) must be accompanied by a
translation of the Summons or other document.
(2) The translation must be –
(a) in the official language
of the country in which it is to be served; or
(b) if there is more than one
official language of that country, in any official language which is
appropriate to the place in the country where the Summons or other document is
to be served.
(3) Every translation filed under this Rule
must be accompanied by a statement by the person making it that it is a correct
translation, and the statement must include that person’s name, address and
qualifications for making the translation.
(4) A party is not required to file a
translation of a Summons or other document filed under Rule 8 (service
through foreign governments, judicial authorities etc.) where the Summons or
other document is to be served –
(a) in a country of which
English is an official language; or
(b) on a British citizen
(within the meaning of the British Nationality Act 1981),
unless a civil procedure convention or treaty requires a translation.
(5) A party is not required to file a
translation of a summons or other document filed under Rule 11 (service of
summons or other document on a State) where English is an official language of
the State in which the summons or other document is to be served.
13 Undertaking to be
responsible for expenses
Every request for service filed under Rule 8 (service through
foreign governments, judicial authorities etc.) or Rule 11 (service of
summons or other document on a State) must contain an undertaking by the person
making the request –
(a) to be responsible for all expenses incurred
by the Foreign and Commonwealth Office or foreign judicial authority; and
(b) to pay those expenses to the Foreign and
Commonwealth Office or foreign judicial authority on being informed of the
amount.
14 Substituted service
(1) The Court may make all such orders for substituted
service or otherwise as may be necessary to give effect to these Rules.
(2) The prescription of a right of action is
suspended on the making of an order for substituted service under paragraph (1).
(3) However, prescription is not suspended where –
(a) the service is invalid;
(b) the action is
discontinued; or
(c) the defendant is
discharged from the proceedings.
15 Proof of service before
obtaining judgment
Where –
(a) a hearing is fixed when the Summons is
issued;
(b) the Summons is served on a defendant out of
the jurisdiction; and
(c) that defendant does not appear at the
hearing,
the plaintiff may not obtain judgment against the defendant until
the plaintiff files written evidence that the Summons has been duly served in
accordance with this Part.
PART 2
SERVICE OF DOCUMENTS FROM COURTS OR TRIBUNALS OUTSIDE JERSEY
16 Scope of this Part
This Part applies to the service in Jersey of any document in
connection with civil or commercial proceedings in a foreign court or tribunal.
17 Interpretation
In this Part –
(a) “convention country” means a country in
relation to which there is a civil procedure convention (within the meaning of
Rule 2);
(b) “foreign court or tribunal” means a court
or tribunal in a country outside Jersey.
18 Request for service –
letter of request
(1) The Viscount will serve on a person in
Jersey a document to which this Part applies upon receipt from the Attorney
General of a written request for service –
(a) in the case of a
convention country, from a consular or other authority of the country; or
(b) in other cases, from the
Foreign and Commonwealth Office, with a recommendation that service be effected.
(2) The request must be accompanied by –
(a) a translation of the
request into English;
(b) two copies of the document
to be served; and
(c) unless the foreign court
or tribunal certifies that the person to be served understands the language of
the document, two copies of a translation of it into English.
19 Other forms of request
for service
(1) The Viscount may serve on a person in
Jersey a document to which this Part applies upon receipt of a written request
for service other than a request referred to in Rule 18(1).
(2) The Viscount may require the request to be
accompanied by –
(a) a translation of the
request into English;
(b) two copies of the
document to be served; and
(c) unless the person to be
served understands the language of the document, two copies of a translation of
it into English.
20 Method of service
(1) The Viscount will serve the document or a copy
of it, together with a copy of any translation, by personal service in
accordance with Part 5 of the Royal Court Rules 2004.
(2) If the request for service specifies a
different method of service, the Viscount may use that method as well as or
instead of personal service.
21 If service is not
possible
(1) Where the Viscount has not been able to
serve a document, he or she will return the document –
(a) in the case of a request
within Rule 18, to the Attorney General; or,
(b) in the case of a request
within Rule 19, to the person who lodged the request,
together with a statement why the document could not be served.
(2) If the Attorney General so requests in the
case of a request within Rule 18, the Viscount will specify the costs
incurred attempting to serve the document.
(3) In the case of a request within Rule 19,
the Viscount will specify the costs incurred attempting to serve the document.
22 After service has been
effected
(1) Where service of a document has been
effected by the Viscount, he or she will return a copy of the document together
with a record certifying when and how service was effected –
(a) in the case of a request
within Rule 18, to the Attorney General; or
(b) in the case of a request
within Rule 19, to the person who lodged the request.
(2) If the Attorney General so requests in the
case of a request within Rule 18, the Viscount will specify the costs
incurred in serving the document.
(3) In the case of a request within Rule 19,
the Viscount will specify the costs incurred in serving the document.
23 Certification to the
requesting party
(1) In relation to a request within Rule 18,
the Attorney General will send to the person who requested service a
certificate stating when and how the document was served or the reason why it
has not been served.
(2) The certificate will also state, where
appropriate, the amount of the costs of serving or attempting to serve the
document.
(3) The certificate will be accompanied by a
copy of the document served (or by the original if the document was not served).
PART 3
CLOSING PROVISIONS
24 [1]
25 Citation and commencement
(1) These Rules may be cited as the Service of
Process Rules 2019.
(2) These Rules come into force on 28th October
2019.
SCHEDULE
(Rule 3(1))
Grounds for service out of the Jurisdiction
1 General grounds
(1) A claim is made for a
remedy against a person domiciled within the jurisdiction or who has a
residential and employment status within the meaning of the Control of Housing and Work (Jersey) Law 2012.
(2) A claim is made for an
injunction ordering the defendant to do or refrain from doing an act within the
jurisdiction.
(3) A claim is made against
a person (“the defendant”) on whom the Summons has been or will be served
(otherwise than in reliance on this paragraph) and –
(a) there is between the
plaintiff and the defendant a real issue which it is reasonable for the Court
to try; and
(b) the plaintiff wishes to
serve the Summons on another person who is a necessary or proper party to that
claim.
(4) A claim is made against
the defendant in reliance on one or more of –
(a) sub-paragraph (2);
(b) paragraphs 2(1) to 6(6);
(c) paragraph 9(1) or (2),
and a further claim is made against the same defendant which arises
out of the same or closely connected facts.
2 Claims in relation to
contracts
(1) A claim is made in
respect of a contract where the contract –
(a) was made within the
jurisdiction;
(b) was made by or through
an agent trading or residing within the jurisdiction;
(c) is governed by Jersey law;
or
(d) contains an agreement
to the effect that the Court shall have jurisdiction to determine any claim in
respect of the contract.
(2) A claim is made in
respect of a breach of contract committed within the jurisdiction.
(3) A claim is made for a
declaration that no contract exists where, if the contract was found to exist,
it would comply with any of the conditions set out in sub-paragraph (1).
3 Claims in tort etc.
A claim is made in respect of a civil wrong where –
(a) damage was sustained,
or will be sustained, within the jurisdiction; or
(b) damage which has been
or will be sustained results from an act committed, or likely to be committed,
within the jurisdiction.
4 Enforcement
A claim is made to enforce any judgment or arbitral award.
5 Claims about Jersey
immovables
The subject matter of the claim relates wholly or principally to
immovables within the jurisdiction, provided that nothing under this paragraph
shall render justiciable the title to or the right to possession of immovable
property outside Jersey.
6 Claims about trusts
etc.
(1) A claim or application
is made under Article 5 of the Trusts (Jersey) Law 1984 or otherwise a claim is made
in respect of a trust which is created by the operation of a statute, or by a
written instrument, or created orally and evidenced in writing, and which is
governed by Jersey law.
(2) A claim is made in
respect of a trust which is created by the operation of law, or by a written
instrument, or created orally and evidenced in writing, and which provides that
jurisdiction in respect of such a claim shall be conferred upon the courts of
Jersey.
(3) A claim is made for any
remedy which might be obtained in proceedings for the administration of the estate
of a person who died domiciled within the jurisdiction or whose estate includes
assets within the jurisdiction.
(4) A claim is made in
relation to a testate or intestate succession of movable or immovable estate,
including an application –
(a) for –
(i) the annulment or
rectification of a will, or
(ii) the reduction of a
will ad legitimum modum,
(b) for bénéfice
d’inventaire, or
(c) concerning a claim of avancement
de succession.
(5) A claim is made against
the defendant as constructive trustee, or as trustee of a resulting trust,
where the claim arises out of acts committed or events occurring within the
jurisdiction or relates to assets within the jurisdiction.
(6) A claim is made for
restitution where –
(a) the defendant’s alleged
liability arises out of acts committed within the jurisdiction;
(b) the enrichment is
obtained within the jurisdiction;
(c) the assets claimed are
within the jurisdiction; or
(d) the claim is governed
by Jersey law.
7 Claim for costs order
in favour of or against third parties
A claim is made by a party to proceedings where the Court has
jurisdiction under the Civil Proceedings (Jersey) Law 1956 to make a costs order in
favour of or against a person who is not a party to those proceedings.
8 Salvage etc. claims
A claim is –
(a) in the nature of
salvage and any part of the services took place within the jurisdiction; or
(b) to enforce a claim
under Part 2 of the Shipping (Oil Pollution) (Liability and
Compensation) (Jersey) Law 2015.
9 Claims under various
other enactments
(1) A claim is made under
the Forfeiture of Assets (Civil Proceedings)
(Jersey) Law 2018.
(2) A claim or application
is made under the Companies (Jersey) Law 1991 and the person to be served
is a necessary or proper party.
(3) A claim is made under an
enactment (including an enactment of the United Kingdom extended to Jersey by
Order in Council or otherwise having effect in Jersey) which allows proceedings
to be brought and those proceedings are not covered by any of the other grounds
referred to in this Schedule.
10 Claims for breach of
confidence or misuse of private information
A claim is made for breach of confidence or misuse of private
information where –
(a) detriment was suffered,
or will be suffered, within the jurisdiction; or
(b) detriment which has
been, or will be, suffered results from an act committed, or likely to be
committed, within the jurisdiction.
11 Claims for financial
relief with respect to a child
A claim is made for an order for financial relief with respect to a
child in accordance with Schedule 1 to the Children (Jersey) Law 2002.