JERSEY Law and Practice Contributed by: Marcus Pallot and Eleanor Davies, Carey Olsen
Any person may apply to the Judicial Greffier (the clerk to the court) for access to a court file, including to obtain copies of pleadings filed and/or for evidence or documents referred to in a public court hearing. The applicant must set out all reasons why those cop- ies are requested. The Judicial Greffier may agree to release the document(s), but may stipulate that the requesting party pay a reasonable fee for provision of the document(s). 1.4 Legal Representation in Court Only Jersey advocates may appear and have rights of audience in the courts of Jersey. Foreign lawyers can- not conduct or appear in cases in the Jersey courts. For a complex and/or high-value commercial claim, it is usual for it to take three to four years to reach trial, usually via several interlocutory hearings. Less com- plicated claims progress more quickly, and it is pos- sible for standalone applications, such as applications for a creditors’ winding-up, to be heard in a matter of weeks. Applications concerning the administration of trusts vary from a period of months to years, depend- ing on the complexity of the application. Litigation funding by a third party is permitted in Jer- sey, on the condition that such arrangements are properly structured. Furthermore, the agreement must not prejudice any potential defendants. Case law in this area indicates that in order for an arrangement to be valid, it is important that the plaintiff and its advo- cates retain control of the proceedings and obtain the benefit of a substantial proportion of any sums awarded in the proceedings, and the funder agrees to satisfy any adverse cost orders against the plaintiff. For example, a litigation funding agreement was upheld by the Royal Court in In The Matter of the Val- etta Trust ((2012) (1) JLR 1) where: 2. Litigation Funding 2.1 Third-Party Litigation Funding • the litigation funder agreed to pay the legal costs of the plaintiffs and would meet any adverse costs orders against the plaintiffs;
• control of the litigation remained with the plaintiffs, although they had to keep the funder informed and agreed to conduct the litigation in accordance with the reasonable advice of the plaintiffs’ lawyers; • the funder had the right to terminate the agreement if satisfied that there had been a material adverse decline in the prospects of success but would remain liable for all costs incurred during the exist- ence of the agreement and for adverse costs to the date of termination; and • the funder was entitled to share in any damages recovered. Unlike jurisdictions such as England and Wales, there is no statutory regulation of damages-based agree- ments (or indeed of litigation funding generally). 2.2 Third-Party Funding: Lawsuits There are currently no express restrictions as to which civil lawsuits are available for third-party funding, except that any litigation funding agreement must meet the requirements set out in 2.1 Third-Party Liti- gation Funding . 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding is available for a plaintiff in Jersey. The availability of third-party funding for defendants has not yet been considered in Jersey. 2.4 Minimum and Maximum Amounts of Third-Party Funding Please see 2.5 Types of Costs Considered under Third-Party Funding . Jersey law does not presently stipulate any minimum or maximum amounts of third- party funding in the context of Jersey litigation. 2.5 Types of Costs Considered Under Third- Party Funding It is open for a third-party funder to finance all or part of the costs associated with the legal action in ques- tion. 2.6 Contingency Fees Contingency fee arrangements are not presently per- mitted in litigation in Jersey.
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