JERSEY Law and Practice Contributed by: Amy Benest, William Redgrave, Jared Dann and Lynne Gregory, Baker & Partners
3.2 Variations in Approach to Enforcement of Foreign Judgments There are two different regimes used to enforce for - eign judgments. Some foreign judgments may be registered in Jersey and then enforced (Registration Method). For all other judgments, fresh proceedings must be started in Jersey in order to obtain a Jersey judgment which might then be enforced (Customary Method). Registration Method The Registration Method applies to foreign judg - ments which fall within the narrow parameters of the Judgments (Reciprocal Enforcement) (Jersey) Law 1960. The Registration Method only applies to cer - tain judgments issued from five British jurisdictions, If the foreign judgment does not fall within those nar - row parameters, fresh proceedings must be issued as a matter of customary law. The Order of Justice will plead that the foreign judgment represents a final determination of the merits of the case as a matter of the applicable foreign law which should be recognised as a matter of comity. 3.3 Categories of Foreign Judgments Not Enforced In order to be enforced in Jersey, either under the Registration Method or the Customary Method, the foreign judgment must be final and conclusion, and for a sum for a liquidated sum of money, which is not in respect of taxes, fines, penalties or other fiscal liability, and which has not been wholly satisfied. The judg - ment cannot be contrary to public policy in Jersey. If the foreign judgment does not fall within these requirements, it cannot be enforced in Jersey. Under the Registration Method, the foreign judgment must be capable of being enforced in the original juris - diction. as explained below. Customary Method Under the Registration Method, a judgment creditor has six years to register it from the date of the judg - ment. Under the Customary Method, there does not appear to be any date by which a foreign judgment
As to challenging methods of enforcement, a debtor may assert that they do not own the asset against which enforcement is sought. Some assets are pro - tected from being arrested for sale, such as tools of trade. 2.6 Unenforceable Domestic Judgments Declaratory judgments per se may not be enforced, but where a person acts in a manner contrary to the declaration, causing damage, a cause of action may be brought against that person. In Jersey, judgments are valid for ten years. Enforce - ment actions must therefore be started within ten years of the date of the judgment. 2.7 Register of Domestic Judgments All orders of the courts are kept by the Judicial Gref - fier. They are not available to the general public, but as mentioned above, a request may be made to ascertain whether a party has been involved in any proceed - ings before the court. The court has issued a Practice Direction concerning how to make an application for access to the court file. Most judgments, save for those which the court has determined will not to be published, are published on the Jersey Legal Information Board website and are publicly available. 3. Foreign Judgments 3.1 Legal Issues Concerning Enforcement of Foreign Judgments Jersey is a self-governing British Crown Dependency. It is not party to any international treaties or conven - tions governing the enforcement of foreign judgments. The States of Jersey has passed the Judgment (Recip - rocal Enforcement) (Jersey) Law 1960 which allows for some foreign judgments to be registered. The Hague Convention of 2 July 2019 on the Recogni - tion and Enforcement of Foreign Judgments in Civil or Commercial Matters has not been extended to Jersey.
261 CHAMBERS.COM
Powered by FlippingBook