JERSEY Law and Practice Contributed by: Marcus Pallot, Eleanor Davies and Christopher Tan, Carey Olsen
sable damage must clearly outweigh the risk of injustice to the applicant should the order not be made. On an ex parte application, the applicant is under a duty to give full and frank disclosure of all matters relevant to the exercise of the court’s discretion. Failure to comply with this duty can result in orders granted ex parte being lifted. 6.4 Liability for Damages for the Applicant An applicant for injunctive relief in Jersey may be held liable for damages suffered by the respond- ent. Every application for an interim injunction must contain an undertaking in damages. Addition- ally, the court may order a payment by way of security to be paid to the applicant’s advocate to be held by that advocate as an officer of the court until the court orders otherwise. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Freezing injunctions are typically sought in Jer- sey because the defendant has assets held in the jurisdiction: such injunctions can be obtained in support of proceedings in other jurisdictions. Although less common, the Jersey court does have jurisdiction to grant worldwide freezing orders if it otherwise has personal jurisdiction over the defendant. 6.6 Third Parties and Injunctive Relief Injunctive relief can (and typically will) be obtained in order to freeze the assets of a per- son that are in the hands of a third party, where restraining that third party is considered neces- sary to ensure the preservation of assets pending the judgment pursued by the plaintiff. In those circumstances, the third party is referred to as
“party cited”. The consequences for breach of an injunction stated in 6.7 Consequences of a Respondent’s Non-compliance will also apply to a third party who is cited in the order. 6.7 Consequences of a Respondent’s Non-compliance Breach of an injunction amounts to contempt of court and is punishable as such, typically by imprisonment and/or a fine. The trial is generally conducted as follows. • Opening speeches – the plaintiff’s advo- cate opens the case by making an opening speech, indicating the nature of the evidence that will be led for the plaintiff and the nature of the plaintiff’s case. • The defendant’s advocate may then open the defendant’s case with a similar speech, although this sometimes takes place after the plaintiff’s evidence and before the defendant’s evidence. • The plaintiff’s advocate calls each of the witnesses for the plaintiff and carries out examination-in-chief, which is followed by cross-examination by the defendant’s advo- cate (although typically evidence-in-chief is by way of tendering witness statements that have been prepared and served previously). • The defendant’s advocate makes a speech, if they have not already done so at the start of the trial, and then calls each of the witnesses for the defendant and carries out examina- tion-in-chief (as above), which is followed by cross-examination by the plaintiff’s advocate. • There are then closing speeches including submissions of law and fact; typically, the 7. Trials and Hearings 7.1 Trial Proceedings
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