JERSEY Law and Practice Contributed by: Marcus Pallot and Eleanor Davies, Carey Olsen
6.7 Consequences of a Respondent’s Non- Compliance Breach of an injunction amounts to contempt of court and is punishable as such, typically by imprisonment and/or a fine.
• Damage to the respondent must be compensa- ble in damages under a cross-undertaking by the applicant, or the risk of non-compensable damage must clearly outweigh the risk of injustice to the applicant should the order not be made. On an ex parte application, the applicant is under a duty to give full and frank disclosure of all matters rel- evant to the exercise of the court’s discretion. Failure to comply with this duty can result in orders granted ex parte being lifted. 6.4 Liability for Damages for the Applicant An applicant for injunctive relief in Jersey may be held liable for damages suffered by the respondent. Every application for an interim injunction must con- tain an undertaking in damages. Additionally, the court may order a payment by way of security to be paid to the applicant’s advocate to be held by that advo- cate as an officer of the court until the court orders otherwise. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Freezing injunctions are typically sought in Jersey because the defendant has assets held in the juris- diction: such injunctions can be obtained in support of proceedings in other jurisdictions. Although less com- mon, the Jersey court does have jurisdiction to grant worldwide freezing orders if it otherwise has personal jurisdiction over the defendant. 6.6 Third Parties and Injunctive Relief Injunctive relief can (and typically will) be obtained in order to freeze the assets of a person that are in the hands of a third party, where restraining that third party is considered necessary to ensure the preser- vation of assets pending the judgment pursued by the plaintiff. In those circumstances, the third party is referred to as “party cited”. The consequences for breach of an injunction stated in 6.7 Consequences of a Respondent’s Non-compliance will also apply to a third party who is cited in the order.
7. Trials and Hearings 7.1 Trial Proceedings The trial is generally conducted as follows.
• Opening speeches – the plaintiff’s advocate opens the case by making an opening speech, indicating the nature of the evidence that will be led for the plaintiff and the nature of the plaintiff’s case. • The defendant’s advocate may then open the defendant’s case with a similar speech, although this sometimes takes place after the plaintiff’s evi- dence and before the defendant’s evidence. • The plaintiff’s advocate calls each of the witnesses for the plaintiff and carries out examination-in- chief, which is followed by cross-examination by the defendant’s advocate (although typically evidence-in-chief is by way of tendering witness statements that have been prepared and served previously). • The defendant’s advocate makes a speech, if they have not already done so at the start of the trial, and then calls each of the witnesses for the defendant and carries out examination-in-chief (as above), which is followed by cross-examination by the plaintiff’s advocate. • There are then closing speeches including sub- missions of law and fact; typically, the plaintiff’s advocate closes first, followed by the defendant’s, the plaintiff having an opportunity to reply. • The court delivers judgment, which is generally reserved, with a written reasoned judgment being issued following deliberation by the judge and jurats. The process at trial is primarily conducted by way of oral argument and witness/expert examination at the hearing. The court may, however, allow affidavit evi- dence to be submitted.
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