JERSEY Law and Practice Contributed by: Marcus Pallot, Eleanor Davies and Christopher Tan, Carey Olsen
1.3 Court Filings and Proceedings As a general rule, court proceedings and court judgments are open to the public. In exceptional circumstances, upon the request of a party or parties, proceedings may be held in private if it is necessary in the interests of justice. Many applications in respect of the administration of trusts are heard in private on this basis. Proceedings will only be held in private, and/or judgments may be withheld from circulation or redacted or anonymised, if the court is satisfied that that is necessary in the interests of justice. The onus to satisfy the court in this regard rests with the party or parties requesting privacy. 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 copies are requested. The Judicial Greffier may agree to release the document(s), but may stipulate that the request- ing party pays 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. For- eign lawyers cannot 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 complicated claims progress more quickly, and it is possible 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, depending on the complexity of the application.
2. Litigation Funding 2.1 Third-Party Litigation Funding Litigation funding by a third party is permitted in Jersey, on the condition that such arrangements are properly structured. Furthermore, the agree- ment must not prejudice any potential defend- ants. Case law in this area indicates that in order for an arrangement to be valid, it is important that the plaintiff and its advocates 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 Valetta Trust ((2012) (1) JLR 1) where: • 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 existence of the agree- ment and for adverse costs to the date of termination; and • the funder was entitled to share in any dam - ages recovered.
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