JERSEY Law and Practice Contributed by: Marcus Pallot, Eleanor Davies and Christopher Tan, Carey Olsen
4. Pre-trial Proceedings 4.1 Interim Applications/Motions
the attention of the party to be served by some other means, such as email, as determined by the court. Service Out of the Jurisdiction The process for applying to the court for per- mission to serve a party outside of the jurisdic- tion of Jersey is considered in 3.3 Jurisdictional Requirements for a Defendant . Where permission to serve the party outside of the jurisdiction is granted by the court, the court will generally specify the means through which service shall be effected, typically by post and/ or by email. The court will also stipulate a return date upon which the defendant is to appear. 3.6 Failure to Respond There is no need for a defendant to respond pri- or to attending the first hearing of an action to which they have been summoned. If they do not attend, the plaintiff may apply for judgment by default against the defendant at the first hearing. 3.7 Representative or Collective Actions There is no need for a defendant to respond pri- or to attending the first hearing of an action to which they have been summoned. If they do not attend, the plaintiff may apply for judgment by default against the defendant at the first hearing. 3.8 Requirements for Cost Estimate There are no requirements in Jersey to provide clients with a cost estimate of the potential liti- gation at the outset. In practice, however, this is commonly provided at the request of a cli- ent. Where the value of the claim (including any counterclaim) is less than GBP500,000, all par- ties are required to file and exchange cost budg- ets at least seven days before the first directions hearing. There is currently no requirement to do so in cases worth more than GBP500,000.
During the course of proceedings, any party may make an interlocutory application to the court, which is any application made in the intermedi- ary stage after commencement but before the final determination of the action, and in which the applying party seeks some form of relief from the court. Interlocutory applications are not limited to case management issues and may be used to obtain interim remedies. An interlocutory application may include an application: • for directions from the court as to the time- line and manner in which the action should progress; • to strike out all or part of the other side’s case; or • for an order that the plaintiff provides security for the defendant’s costs. 4.2 Early Judgment Applications A party may apply for summary judgment in respect of some or all of the issues in dispute. Under the RCR, an application for summary judgment will only be granted if the court is sat- isfied that: • the plaintiff has no real prospect of succeed- ing on the claim or issue, or the defendant has no real prospect of successfully defend- ing the claim or issue; and • there is no other compelling reason why the case or issue should be disposed of at a trial. In order to grant summary judgment, the court will effectively need to be convinced that it is clear that the plaintiff or defendant has no case
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