Judgments
(Reciprocal Enforcement) Rules 1961
1 Interpretation
In
these Rules –
“Court” means
the Inferior Number of the Royal Court;
“Law” means
the Judgments
(Reciprocal Enforcement) (Jersey) Law 1960.
2 [1]
3 Application for registration
An application under Article 4
of the Law to have a judgment to which Part 2 of the Law applies registered
in the Royal Court may be made ex parte.
4 Evidence in support of application
(1) An
application for registration shall be supported by an affidavit of the
facts –
(a) exhibiting
a certified copy of the judgment issued by the original court and authenticated
by its seal and where the judgment is not in the French or English language a
translation of the judgment certified by a notary public or authenticated by
affidavit;
(b) stating
to the best of the information and belief of the deponent –
(i) that the applicant
is entitled to enforce the judgment,
(ii) as
the case may require, either that at the date of the application the judgment
has not been satisfied, or, if the judgment has been satisfied in part, what
the amount is in respect of which it remains unsatisfied,
(iii) that
at the date of the application the judgment can be enforced by execution in the
country of the original court,
(iv) that
if the judgment were registered, the registration would not be, or be liable to
be, set aside under Article 6 of the Law;
(c) specifying
the amount of the interest, if any, which under the law of the country of the
original court has become due under the judgment up to the time of
registration,
and shall be accompanied
by such other evidence with respect to the matters referred to in sub-paragraph (b)(iii)
or (c) as may be required having regard to the provisions of the Act of the
States extending the Law to the country of the original court.
(2) Where
the sum payable under the judgment is expressed in a currency other than the
currency of Jersey, the affidavit shall also state the amount which that sum
represents in the currency of Jersey calculated at the rate of exchange
prevailing at the date of the judgment.
(3) The
affidavit shall also state the full name, title, trade or business and the
usual or last known place of abode or of business of the judgment creditor and
the judgment debtor respectively, so far as known to the deponent.
(4) Where
a judgment is in respect of different matters, and some, but not all, of the
provisions of the judgment are such that, if those provisions had been
contained in separate judgments, those judgments could properly have been
registered, the affidavit shall state the provisions in respect of which it is
sought to register the judgment.
5 Security for costs
Save as otherwise
provided by any relevant Act of the States the Court or the Judicial Greffier
may, with respect to an application for registration, order the judgment
creditor to find security for the costs of the application and of any
proceedings which may thereafter be brought to set aside the registration.
6 Title of affidavit
The affidavit shall be
intituled –
7 Order on application for registration
(1) An
order giving leave to register a judgment shall be drawn up by, or on behalf
of, the judgment creditor and 2 copies thereof shall be annexed to the
application.
(2) Such
order shall be in the Form set out in the Schedule to these Rules, with such
variations as circumstances may require.
(3) No
such order shall require to be served on the judgment debtor.
(4) Every
such order shall state the period within which an application may be made to
set aside the registration and shall contain a notification that the judgment
will not be enforced until after the expiration of that period.
(5) The
Court or the Bailiff may, on an application made at any time while it remains
competent for any party to apply to have the registration set aside, grant an
extension of the period (either as originally fixed or as subsequently
extended) during which an application to have the judgment set aside may be
made.
8 Register of judgments
There shall be kept in
the Judicial Greffe a register of the judgments ordered to be registered under
the Law.
9 Notice of registration
(1) Notice
in writing of the registration of a judgment must be served on the judgment
debtor –
(a) if
within the jurisdiction, by personal service, unless some other mode of service
is ordered by the Court or the Judicial Greffier;
(b) if
out of the jurisdiction, in accordance with the Rules applicable to the service
outside Jersey of process of Jersey Courts, save that leave to serve out of the
jurisdiction shall not be required.
(2) The
notice of registration shall state –
(a) full
particulars of the judgment registered and the order for registration;
(b) the
name and address of the judgment creditor or the judgment creditor’s
advocate or solicitor on whom, and at which, any summons issued by the judgment
debtor may be served;
(c) the
right of the judgment debtor to apply on the grounds provided in the Law to
have the registration set aside; and
(d) in
accordance with the terms of the order giving leave to register, within what
time from the date of service of the notice an application to set aside may be
made.
10 Indorsement of service
(1) Within
3 days from the day of service or within such extended period as may, in
special circumstances, be allowed by order of the Judicial Greffier, the notice
or a copy or duplicate thereof shall be indorsed by the person serving the same
with the day of the month and of the week on which service was effected, and,
if the notice is not so indorsed, the judgment creditor shall not be at liberty
to enforce the judgment without the leave of the Court.
(2) Every
affidavit of service of any such notice shall state on what day such
indorsement was made.
11 Application to set aside registration
(1) An
application to set aside the registration of a judgment shall be made by
summons to the Court supported by affidavit.
(2) A
summons for the purpose of this Rule shall be intituled in the same manner as
the affidavit referred to in Rule 6.
12 Enforcement of registered judgments
(1) A
registered judgment shall not be enforceable until after the expiration of the
period which, in accordance with the provisions of Rule 7(4), is specified in
the order giving leave to register as the period within which an application
may be made to set aside the registration, or, if an order is made extending
the period so specified, until after the expiration of the extended period.
(2) If
an application is made to set aside the registration of a judgment, such
judgment shall not be enforceable until such application has been disposed of.
(3) The
party desirous of enforcing a registered judgment shall produce to the Viscount
an affidavit of the service of the notice of registration and of any order made
by the Court in relation to the judgment registered.
13 Determination of certain questions
If, whether under the Law
or under these Rules, any question arises whether a judgment can be enforced by
execution in the country of the original court, or what interest is payable
under the judgment under the law of that country, that question shall be
determined in accordance with such provisions, if any, in that behalf, as are
contained in the Act of the States extending the Law to that country.
13A Entry of Petty
Debts Court judgment in Royal Court, and certification[2]
(1) This Rule applies where
a judgment has been obtained in the Petty Debts Court under which a sum of
money of not less than £500 is payable, not being a sum payable in
respect of –
(a) taxes
or other charges of a like nature; or
(b) a
fine or other penalty.
(2) Where this Rule
applies, the judgment creditor may apply to the Judicial Greffier
for –
(a) the
judgment to be entered in the Royal Court; and
(b) a
certified copy of the judgment so entered,
for the purposes of Article 11 of the Law.
(3) An application under
this Rule will be granted where the Judicial Greffier is satisfied that it is appropriate
for the applicant to enforce the judgment against assets outside Jersey.
(4) An application under
this Rule shall be made ex parte by letter
which –
(a) appends
the judgment obtained in the Petty Debts Court, or a copy certified by an
officer of the Petty Debts Court Greffe; and
(b) sets
out why it is appropriate for the applicant to enforce the judgment against
assets outside Jersey.
(5) If the Judicial
Greffier is not satisfied as required by paragraph (3), he or she
may –
(a) refuse
the application; or
(b) require
evidence (oral or written, whether or not on oath) and may convene the judgment
debtor.
(6) Where the Judicial
Greffier grants the application, he or she will –
(a) order
that the judgment be entered in the Royal Court; and
(b) issue
an Act of Court to the applicant accordingly.
(7) When a judgment has
been entered in the Royal Court in accordance with paragraph (6), the
Judicial Greffier will issue an office copy of the judgment so entered, sealed
with the seal of the Royal Court and certified by the Judicial Greffier as
follows –
“I certify that the above copy judgment is a true copy of a
judgment entered in the Royal Court of Jersey and this copy is issued in
accordance with Article 11 of the Judgments (Reciprocal Enforcement) (Jersey)
Law 1960.
Signed..................................
Judicial Greffier.”
(8) When a judgment has
been entered in the Royal Court in accordance with paragraph (6), the
Judicial Greffier will, if required, also issue a certificate under the seal of
the Royal Court –
(a) giving
any particulars needed to be given to the foreign tribunal in which it is
sought to obtain execution of the judgment; and
(b) stating
the rate at which the judgment carries interest, if any.
(9) The Judicial Greffier
may require the applicant to furnish an affidavit in relation to any
particulars needed to be given to a foreign tribunal in a certificate issued
under paragraph (8).
(10) An affidavit required under
paragraph (9) may be furnished by the applicant’s advocate or solicitor.
13B Setting aside
entry of judgment under Rule 13A[3]
An Act of Court issued under Rule 13A(6) may be set aside by the
Judicial Greffier on such terms as may be just.
14 Certified
copy of judgments obtained in the Royal Court[4]
(1) An
application under Article 11 of the Law for a certified copy of a judgment
obtained in the Royal Court shall be made ex parte to the Judicial Greffier on an
affidavit made by the judgment creditor or the judgment creditor’s
advocate or solicitor.[5]
(2) An
affidavit for the purposes of this Rule shall –
(a) give
particulars of the proceedings in which the judgment was obtained;
(b) have
annexed to it copies of the Acts of the Royal Court in the proceedings, the
evidence of service of process upon, or appearance by, the defendant, and a
statement of the grounds on which the judgment was based;
(c) state
whether the defendant did or did not object to the jurisdiction, and, if so, on
what grounds;
(d) show
that the judgment is not subject to any stay of execution and that no notice of
appeal against it has been entered, and whether the time for appealing has
expired; and
(e) state
the rate at which the judgment carries interest, if any.
(3) Where
an application for a certified copy of a judgment is duly made under this Rule,
there shall be issued an office copy of the judgment sealed with the seal of
the Royal Court and certified by the Judicial Greffier as follows –
“I certify that the above
copy judgment is a true copy of a judgment obtained in the Royal Court of
Jersey and this copy is issued in accordance with Article 11 of the Judgments (Reciprocal
Enforcement) (Jersey) Law 1960.
Signed..................................
Judicial Greffier.”
together with the
following further certificates sealed with the seal of the Royal Court and
signed by the Judicial Greffier –
(a) a
certificate giving particulars of the proceedings in which the judgment was
obtained and having annexed to it copies of the Acts of the Royal Court in the
proceedings, a statement showing the manner in which process was served on the
defendant, or that the defendant appeared thereto, and the objections made to
the jurisdiction, if any, a statement of the grounds on which the judgment was
based and such other particulars as it may be necessary to give to the foreign
tribunal in which it is sought to obtain execution of the judgment;
(b) a
certificate stating the rate at which the judgment carries interest, if any.[6]
15 Rules to have effect subject to Acts of the States[7]
These Rules shall, in
relation to any judgment, have effect subject to any such provisions contained
in the Act of the States extending the Law to the country of the original court
as are declared by the said Act to be necessary for giving effect to the
agreement made between His Majesty and that country in relation to matters for
which provision is made by these Rules.
16 Citation
These Rules may be cited
as the Judgments (Reciprocal Enforcement) Rules 1961.