JERSEY Law and Practice Contributed by: Marcus Pallot, Eleanor Davies and Christopher Tan, Carey Olsen
claim). The form of a summons is prescribed by the RCR. Order of Justice An order of justice may alternatively be used to commence an action. It is intended for more complex matters and is more common as it is suitable for all but the simplest cases. Unlike a summons, an order of justice may also include injunctions against the defendant. If injunctions against the defendant are sought in terms of the order of justice, it must be lodged with the Bailiff of the Royal Court for signing. Representation A representation may be used to commence rep- resentation proceedings in Jersey (as opposed to an action). A representation does not assert a cause of action against a defendant, but is a means of applying to the court to bring a cer- tain state of affairs to its attention and to ask the court to intervene and/or order some form of relief (akin to a “petition” in other jurisdictions). A representation is particularly suitable where the applicant seeks orders which only affect them- selves, or where the identity of other individuals who should be party to the proceedings is not yet known. Amending Pleadings There is no automatic right for a party to amend its pleadings at any stage of the proceedings in Jersey. A party who wishes to amend its plead- ings must either obtain the consent of all of the other parties or seek permission from the court, which may be granted at the court’s discretion. 3.5 Rules of Service Actions are commenced by service of the sum- mons or order of justice, summoning the defend- ant to a first hearing of the action in a general list which takes place on Friday afternoons.
Proceedings by way of representation are com- menced on lodging the representation at court (although service is still important for prescrip- tion/limitation purposes), and the court will usu- ally give directions as to service on relevant par- ties at the first hearing of the representation. Once a plaintiff commences an action in Jersey by way of a summons or order of justice, the plaintiff must arrange for it to be served on the defendant and thereafter convene a first hearing by “tabling” the action (notifying the court). Service in the Jurisdiction Service in the jurisdiction can be effected either by ordinary service or by personal service, depending on the process to be served. A simple summons may be served by ordinary service. This involves serving the documents at an address by post or by fax, or by leaving the document at the defendant’s “proper address” as defined in the RCR. An order of justice must be served by personal service. This involves attending in person and leaving the document (or a copy, if an order of justice) with the person to be served. Where per- sonal service is required under the rules (such as for an order of justice), it must be carried out by the Viscount of Jersey (the executive officer of the Courts of Jersey). However, where personal service is not required under the rules, a party may effect personal service by attending in per- son themselves and leaving the document with the person to be served, without the Viscount’s involvement. Where personal service is required by the RCR but is not possible, the plaintiff may apply to the court for an order permitting “substituted ser- vice”. This allows the document to be brought to
724 CHAMBERS.COM
Powered by FlippingBook