JERSEY Law and Practice Contributed by: Amy Benest, William Redgrave, Jared Dann and Lynne Gregory, Baker & Partners
may be enforced. It is important to note however that if a foreign judgment falls within the scope of the Judgments (Reciprocal Enforcement) Law 1960, the judgment creditor must apply for registration: the Cus - tomary Method is not available to a judgment creditor. It should be noted that the Royal Court retains a dis - cretion to enforce a non-money judgment under the Customary Method. 3.4 Process of Enforcing Foreign Judgments As noted in 3.2 Variations in Approach to Enforce- ment of Foreign Judgments , there are two methods of enforcing foreign judgments. Registration Method Pursuant to the terms of the Judgments (Reciprocal Enforcement) Law 1960 and the Judgments (Recipro - cal Enforcement) (Jersey) Act 1973, judgments from the superior courts of five jurisdictions may be submit - ted to the court to be registered. Those jurisdictions and courts are as follows. • England and Wales – the UK Supreme Court, the House of Lords, the Court of Appeal, the High Court of Justice. • Scotland – the UK Supreme Court, the Court of Session, the Sheriff Court. • Northern Ireland – the UK Supreme Court, the Court of Judicature of Northern Ireland. • The Isle of Man – The High Court of Justice of the Isle of Man (including the Staff of Government Divi - sion). • Guernsey – The Royal Court of Guernsey, the Court of Appeal of Guernsey. If a judgment is issued by one of these courts on appeal from a court which is not listed (ie, an inferior court), that judgment may not be registered and so must be enforced under the Customary Method. How - ever, the same is not true for a judgment which has been transferred to a superior court. For example, if a judgment of the County Court of England and Wales is transferred to the High Court, that High Court judg - ment may then be registered in Jersey. In order to have the foreign judgment registered, the judgment creditor must make a written application by
letter to the Judicial Greffier. This may be done on an ex parte basis. The Judicial Greffier is the clerk of the Royal Court but also exercises some judicial functions. The letter must be accompanied by an affidavit which provides evidence to the Judicial Greffier that the requirements of the Judgment (Reciprocal Enforce - ment) (Jersey) Law 1960 have been met. The affida - vit must also exhibit a certified copy of the foreign judgment to be registered, which has been issued by the foreign superior court, on which the seal of the court has been imprinted. In the unlikely event that the judgment is not in England, a certified translation into English will be required. The Judicial Greffier may process the application on the papers. Once registered, notice must be given to the debtor judgment. Notice must be served by personal ser - vice by the Viscount (the executive officer of the Royal Court) unless the court orders otherwise. If the judgment debtor is outside Jersey service must be completed in accordance with the Service of Process Rules 2019, although leave to serve outside Jersey is not required. The notice which shall be served on the judgment debtor must comply with the format set out in the Law. It shall include: • details of the registered judgment; • details of the registration; • the name and address of the judgment creditor; and • details of the judgment debtor’s right to apply to set the registration aside and the date by which an application to set it aside may be made. An application for leave to serve out of the jurisdic - tion must also be made by written letter application to the Judicial Greffier or Master of the Royal Court, supported by detailed affidavit complying with the requirements of the Service of Process Rules 2019. The time for applying to set aside the registration is determined by the Judicial Greffier at her discretion.
262 CHAMBERS.COM
Powered by FlippingBook