Practice Direction - RC 15/01 - Service out of jurisdiction - contents of affidavits on application



Service Out of Jurisdiction

Contents of Affidavits on Application


 1.     Affidavits required by Rule 9 of the Service of Process (Jersey) Rules 1994, as in support of an application for leave to serve a summons out of the jurisdiction must -

(1)     exhibit a copy of the Order of Justice instituting the proceedings together with any other relevant documentation;

(2)     identify the paragraph or paragraphs of Rule 7 relied on as giving the Court jurisdiction to order service out, together with a summary of the facts relied on as bringing the case within each such paragraph;

(3)     state the belief of the deponent that there is a good cause of action - it should be sufficiently full to show that the plaintiff has a good arguable case for the relief claimed;

(4)     summarise the considerations relied upon as showing that the case is a proper one in which to subject a party outside the jurisdiction to proceedings within it;

(5)     summarise why Jersey is the appropriate forum for the proceedings;

(6)     draw attention to any features which might reasonably be thought to weigh against the making of the order sought;

(7)     show in what place or country the defendant is or probably may be found; and

(8)     indicate the date which the plaintiff invites the Court to specify as the date upon which the defendant is to appear before the Court.

2.      This practice direction replaces Practice Direction 05/03, and shall take effect from 5th January, 2015.

Page Last Updated: 29 Apr 2015