ROYAL COURT OF
1. The granting of a
freezing order is a matter for the discretion of the Bailiff or Deputy Bailiff
when considering an application. It
is desirable, however, that a consistent approach should in general be adopted
in relation to the form and carrying out of such orders, since they represent
serious restrictions on the rights of those persons subjected to them. This is especially so since freezing
orders are almost invariably granted after hearing only the applicant’s
case on an ex parte application.
The purpose of this Practice Direction is to set out guidelines for the
assistance of the Bailiff and Deputy Bailiff and those who apply for freezing
2. Attached to this
Practice Direction is a standard form of freezing order relating to assets
within the jurisdiction. The form,
by its language and layout, is intended to make it easier for persons served
with an order of this type to understand what it means. The standard form should be used save to
the extent that the Bailiff or Deputy Bailiff hearing a particular application
considers there is a good reason for adopting a different form. If variations from the standard form
are proposed, they should be clearly identified for consideration by the Bailiff
or Deputy Bailiff when the application is made.
3. The following
matters should be borne in mind in relation to an ex parte application for a
A. (i) All
papers including the Order of Justice, the supporting affidavit and all exhibits
should be delivered to the Bailiff’s Chambers at the earliest
(ii) A skeleton
argument or similar document summarising the application in particular any
unusual or novel features should also be filed.
(iii) The Bailiff or Deputy
Bailiff will consider the application as soon as it is possible to do so. The Order of Justice containing the
freezing order will then be signed or the applicant’s Advocate will be
required to attend to address any matters which arise.
(iv) The Advocate making the
application should therefore make himself available to attend forthwith upon
the Bailiff or Deputy Bailiff to discuss the application if so required.
(v) Any Advocate
required to attend before the Bailiff or Deputy Bailiff shall immediately after
the hearing prepare a full note of all that was said at the hearing. A copy of the note shall be provided
immediately to any defendant who requests a copy.
B. An applicant
should be prepared, in an appropriate case, to support his cross-undertaking in
damages. The Bailiff or Deputy
Bailiff may order a payment by way of such security to the applicant’s
Advocate to be held by him as an officer of the Court pending further order.
C. The standard form
of freezing order attached contains an undertaking on the part of the applicant
to serve the Order of Justice containing the freezing orders and the supporting
affidavit on the defendant and parties cited as soon as practicable. This obligation, especially that of
service on the defendant, is fundamental to the granting of the freezing
order. Any failure to comply with
that undertaking will be viewed by the Court with considerable disfavour.
will note that when granting the freezing order the Bailiff or Deputy Bailiff
may at the same time order its service out of the jurisdiction. If such an order is sought then
practitioners must ensure compliance with the requirements of the Service of
Process (Jersey) Rules 1994 and Practice Direction RC15/03 (which specifies
what must be contained in the affidavit sworn in support of a service out
application) when making an application for such service.
E. Any application
for the discharge or variation of any of the freezing orders granted will be
dealt with as soon as the Court can entertain such an application. The parties should ensure their
availability at short notice for such purpose.
4. With effect from the
date this Practice Direction comes into force, practitioners should no longer
refer to Mareva injunctions and should refer to such
orders as freezing orders.
5. This Practice Direction
will come into force on 5th January, 2015 and Practice Direction
RC05/24 is revoked.
for a Freezing Order
main body of the Order of Justice insert:-
upon the Plaintiff by his Advocate undertaking:
1. To comply with
any Order that the Court may make as to damages if the Court later finds that
this Order has caused loss to the Defendant and decides that the Defendant
should be compensated for that loss by the Plaintiff;
2. To pay the reasonable
costs of the Party Cited incurred as a result of this Order including the costs
of ascertaining whether the Party Cited holds any of the Defendant's assets and
if the Court later finds that this Order has caused the Party Cited loss, and
decides that the Party Cited should be compensated for that loss by the
Plaintiff, the Plaintiff will comply with any Order this Court may make as to
3. [Optional] To
fortify the undertakings contained in the foregoing paragraphs 1 and/or 2
paying the sum of
to his Advocate on or before the
and shall forthwith upon such payment notify the Defendant/Party Cited of the
causing a written guarantee in the sum of £
to be issued from a bank having a place of business in Jersey and shall
forthwith upon such issue provide a copy of the guarantee to the Defendant/Party
4. That other than
with leave of the Court any information obtained pursuant to this or any Order
of the Court in this action shall only be used for the purposes of this
action;] OR [if wider use anticipated, inserted details of intended
purpose and foreign jurisdiction concerned].
5. To serve this
Order of Justice and the Affidavit evidence in support upon the Defendant and
only this Order of Justice upon the Party Cited as soon as practicable.
6. [If relevant] To
cause an Affidavit to be sworn and filed with the Court [substantially in the
terms of the draft Affidavit produced to the Court]. OR
[confirming the substance of what was said to the Court by the
7. To notify
forthwith in writing any party served with this Order should this Order cease
to have effect for any reason or should it be varied.
IT IS HEREBY
1. Disposal of Assets by the Defendant
(1) Service of this Order
of Justice upon the Defendant shall operate as an immediate interim order
restraining him from removing from the Island of Jersey or in any way disposing
of or dealing with or diminishing the value of any of his assets[in the island
of Jersey] [or elsewhere] [if the term "his assets" is too
restrictive, insert appropriate wording] which are in the Island of Jersey
whether in his own name or not and whether solely or jointly owned [up to the
prohibition includes the following assets in particular:-
(a) the property known as
or the net sale money after payment of any charges if it has been sold;
(b) the property and assets
of the Defendant's business known as
(or carried on at )
or the sale money if any of them have been sold; and
(c) any money in the
(2) If the total
unencumbered value of the Defendant's assets in the Island of Jersey [or
the Defendant may remove any of those assets from the Island of Jersey or may
dispose of or deal with them so long as the total unencumbered value of his
assets still in the Island of Jersey [or elsewhere] remains above
2. Disclosure of Information by the Defendant
The Defendant shall within
hours/working days of service hereof upon him inform the Plaintiff's Advocate
in writing of all his assets in the Island of Jersey [or elsewhere] whether in
his own name or not and whether solely or jointly owned, giving the value,
location and details of all such assets. [The Defendant may be entitled to
refuse to provide some or all of this information on the grounds that it may
incriminate him]. The
information must be confirmed in an Affidavit which must be provided to the
Plaintiff's Advocate within
working days of service hereof upon the Defendant.
(1) Paragraph 1. Of this
order does not prohibit the Defendant from spending
a week towards his ordinary living expenses [and
£ a week towards
his ordinary and proper business expenses] and also
£ a week [or a
reasonable sum] on legal advice and representation. Before spending any money the
Defendant must tell the Plaintiff's Advocate the amount concerned and where the
money is to come from.
[(2) This Order does not prohibit
the Defendant from dealing with or disposing of any of his assets in the
ordinary and proper course of business.]
(3) The Defendant may agree
with the Plaintiff's Advocate that the above spending limits should be
increased or that this order should be varied in any other respect but any such
agreement must be in writing.
(4) The Defendant may cause
this order to cease to have effect if the Defendant provides security by paying
the sum of
into Court or makes provision for security in that sum by some other method
agreed with the Plaintiff's Advocate.
4. Dealing with Assets by the Party Cited
Service of this Order of Justice
upon the Party Cited shall operate as an immediate interim order restraining it
from removing from the Island of Jersey [or elsewhere] or in any way disposing
of or dealing with or diminishing the value of any of the Defendant's assets
which are held by it in the Island of Jersey [or elsewhere] whether in the
Defendant's own name or not and whether solely or jointly owned up to the value
[This prohibition includes the
following assets in particular:-
any money in accounts numbered
5. Disclosure of Information by the Party Cited
The Party Cited shall inform the
Plaintiff's Advocate in writing/within
hours/working days of service hereof upon it of all of the Defendant's assets
in the Island of Jersey held by it whether in the Defendant's own name or not
and whether solely or jointly owned, giving the value, location and details of
all such assets. The
information must be confirmed in an Affidavit which must be furnished to the
Plaintiff's Advocate within
working days after service of this Order on the Party Cited. [If appropriate, wording may be
inserted to provide for inspection and copying of documents].
(1) Paragraph 4 of this
order does not prevent any bank from exercising any right of set off it may
have in respect of any facility which it gave to the Defendant before it was
served with this Order.
(2) No bank need enquire as
to the application or proposed application of any money withdrawn by the
Defendant if the withdrawal appears to be permitted by this Order.
7. Effect of any order
(1) A Defendant who is an
individual who is ordered not to do something must not do it himself or in any
other way. He must not do it
though others acting on his behalf or on his instructions or with his encouragement.
(2) A Defendant which is a
corporation and which is ordered not to do something must not do it itself or
by its directors, officers, employees, or agents or in any other way.
(1) In these orders
"he" "him" or "his" include "she" or
"her" and "it" or "its";
(2) Where there are two or
more Defendants or two or more Parties Cited then (unless otherwise stated) a
reference to "the Defendant" or "the Party Cited" mean both
or all of them respectively;
(3) An order requiring
"the Defendant" or "the Party Cited" to do or not to do
anything requires each Defendant or Party Cited respectively to do or not to do
(4) A requirement relating
to service of any order on "the Defendant" or "the Party
Cited" means on each of them respectively.
[9. Service out of the Jurisdiction and Substituted Service
(1) Leave is hereby given
to the Plaintiff to serve this Order of Justice personally on the Defendant
outside the jurisdiction at
requiring his attendance before the Royal Court on
(2) Leave is hereby given
to the Plaintiff to effect substituted service on the Defendant by way of
service of the Order of Justice
(with a request that it be transmitted to the Defendant) requiring the Defendant's attendance before the
Royal Court on
10. Variation or Discharge
The Defendant (or anyone
notified of this Order) may apply to the Court at any time to vary or discharge
these orders (or so much of it as affects that person), but anyone wishing to
do so must first inform the Plaintiff's Advocate.
AND IT IS
HEREBY FURTHER ORDERED THAT:-
(1) The Defendant and the
Party Cited be convened before the Royal Court so that in their presence and
after proof of the facts hereinbefore alleged the Court may:-
(a) confirm the said
Given at St.
YOU MUST OBEY THE ORDERS CONTAINED IN THIS ORDER OF JUSTICE. IF YOU DO NOT YOU WILL BE GUILTY
OF CONTEMPT OF COURT AND MAY BE SENT TO PRISON. YOU ARE ENTITLED TO APPLY TO THE
COURT TO RECONSIDER THIS ORDER.