JERSEY Law and Practice Contributed by: Marcus Pallot, Eleanor Davies and Christopher Tan, Carey Olsen
• have come into existence after litigation has commenced or become a contemplated prospect; and • have come into existence for the dominant purpose of obtaining information to be sub- mitted to lawyers for the purpose of giving or obtaining legal advice in relation to or seeking evidence of information for such litigation. A privileged document remains privileged from the moment of its creation unless and until the privilege in respect of the document is expressly or impliedly waived by a party who is entitled to the privilege. 5.6 Rules Disallowing Disclosure of a Document The legal system in Jersey provides for discov- ery mechanisms to identify potentially relevant documents, as described in 5.1 Discovery and Civil Cases . In addition to discovery mecha- nisms, evidence for use in litigation is also developed and admitted onto the court record by way of witness testimony in the form of sworn affidavits deposed by witnesses, to which docu- mentary evidence may be exhibited in the form of an “exhibit” to an affidavit. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief The court has inherent jurisdiction and discre- tion to grant injunctive relief in any case where it appears just and convenient to do so, either with or without conditions. It is a prerequisite that the party applying for injunctive relief must have a substantive right, the protection of which is sought by way of the injunctive relief. An injunction may be granted on an interim basis, to protect the position or status quo between the
parties pending final resolution of the dispute at trial, or it may be granted as a final order at the conclusion of a trial. A number of specific types of injunction are available in Jersey, including: • freezing orders – which restrain the dissipa- tion of assets to defeat a prospective judg- ment; • search orders – which require access to documentary evidence; and • Clameur de Haro a summary injunction to prevent physical interference in respect of land. 6.2 Arrangements for Obtaining Urgent Injunctive Relief The standard means of obtaining an injunction in Jersey is to lodge an order of justice pleading the case and setting out the injunctions sought, for a judge of the court to grant in chambers on the papers. This typically takes from a couple of days to a week from lodging the papers, but the court can accommodate greater urgency where the need is demonstrated. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief can be obtained on an ex parte basis if two conditions are satisfied. • There must be strong grounds for proceeding ex parte, which usually require demonstration that notice of the injunction would prompt the action it is intended to restrain, or that there is a need for extreme speed. • Damage to the respondent must be compen- sable in damages under a cross-undertaking by the applicant, or the risk of non-compen-
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