ROYAL COURT OF
JERSEY
With a view to
simplifying the process of obtaining judgment (particularly at the sitting of
the Samedi Division on Friday afternoons) the
following provisions shall apply:
1. Any
judgment for a sum of money will, unless the Court otherwise specifically
directs, automatically carry with it the power to distrain on the moveables of the defendant pursuant to Rule 11/3 of the
Royal Court Rules 2004 and the Act of Court will reflect this. Accordingly, it will no longer be
necessary to apply specifically for “permission to sell”.
2. Any
judgment for a sum of money against an individual will, unless the Court otherwise
specifically directs, automatically carry with it a power of arrest on wages at
the standard rate in force at the date of judgment and the Act of Court will
reflect this. Accordingly it will
no longer be necessary to refer specifically to an arrest on wages unless the
plaintiff wishes to seek an arrest for a larger sum than the standard rate or
does not wish there to be an arrest on wages at all.
3. Where
a matter falls within Rule 12/2(2) (i.e. an action commenced by simple summons
for the recovery of a debt or liquidated sum and judgment is obtained in
default or without opposition, without any order for substituted service or
service out of the jurisdiction having been made or without the action having
been placed on the pending list) any judgment shall, unless the Court otherwise
specifically directs, carry with it an order against the defendant for fixed
costs in accordance with Rule 12/2(2) and the Act of Court will reflect
that. Accordingly the
plaintiff will not need to ask for an order for costs when seeking judgment in
such cases unless he wishes to obtain an order on some basis other than the
scale of fixed costs or does not wish there to be an order for costs.
4. Paragraph
3 above does not apply in relation to actions commenced by Order of
Justice or representation.
The circumstances in such cases vary considerably and the plaintiff
should therefore state specifically at the time of judgment whether costs are
required and, if so, the nature of the costs order sought.
5. Any
request for interest must, as at present, be raised specifically at the time of
seeking judgment.