Royal
Court of Jersey
Judicial Hypothecs
RC18/01
- This Practice Direction concerns actions for the acknowledgement
of a debt by consent under Rule 18/4 of the Royal Court Rules 2004 as
amended.
- An action for the
acknowledgement of a debt by consent shall be instituted by the delivery
to the Judicial Greffier of an acknowledgement document which must –
(a)
be in or
substantially in the appropriate form set out in Schedule 1 attached to this
Practice Direction;
(b)
be
typewritten or printed in either single or 1½ line spacing on paper of
A4 size, and shall be set out in such a manner as to leave a clear margin
at least 2½ inches in depth at the foot of the paper below the signatures;
(c)
state the
amount to be acknowledged expressed in both words and figures and dates
expressed in the form “the 1st January, 20--”; and
(d)
where the
registration of an act in relation to the acknowledgement of a debt is intended
by the parties thereto to operate as a hypothec on a specific property, contain
a description of the property which must -
(i) include
details of the title by which the property was acquired by the borrower,
(ii) be expressed, wherever
practicable, in the form of a street address,
(iii) be no longer than is necessary for the
purpose of identifying the property,
but which should not include any description of boundaries or
abutments (other than the name of the road which the property borders or from
which access is gained to it) except where necessary for the purpose of
demarcating the property to be hypothecated from other property belonging to
the borrower.
Amended this the 3rd day of
September, 2018.
SCHEDULE 1
FORMS OF ACKNOWLEDGEMENT OF
DEBT (“RECONNAISSANCES”)
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Form of simple acknowledgement of debt
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IN THE ROYAL COURT OF JERSEY
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Before the Judicial Greffier
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The day
of ,
20
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BETWEEN A.B. and C.D., defendants; and E.F.,
plaintiff; actioning the defendants to acknowledge
their indebtedness in a bond/note of hand, in the capital sum of
.................. [bearing interest], subscribed by them [jointly and
severally] in favour of the plaintiff on the .................(date), [the
said registration to operate as a hypothec only on the property
.................., in the parish of ............................., to which
the defendants are entitled by [insert details of title] registered on the
............................
The defendants, (by their signatures/by the
signature of their advocate/solicitor/attorney) hereto, acknowledge their
indebtedness to the plaintiff in the said sum [and consent to the immediate
registration of this acknowledgement in the Public Registry].
The plaintiff/plaintiff’s
(advocate/solicitor), by his/her signature hereto, requests (immediate
registration of this acknowledgement/an act recording acknowledgement only).
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(Initials of law firm)
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Form of acknowledgement where the debt is
guaranteed by a third party
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IN THE ROYAL COURT OF JERSEY
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Before the Judicial Greffier
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The day
of ,
20
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BETWEEN A.B. (hereinafter called “the first
defendant”) and C.D. (hereinafter called “the second defendant”), OF THE ONE
PART; AND E.F. (hereinafter called “the plaintiff”), OF THE OTHER PART; actioning the defendants as follows:– (1) the first
defendant to acknowledge his indebtedness in a bond/note of hand in the
capital sum of .................. [bearing interest] subscribed by him in
favour of the plaintiff on the ................... (date), [the said
registration to operate as a hypothec only on the property
.................., in the parish of ............................., to which
the first defendant is entitled by [insert details of title] registered on
the .............................]; and (2) the second defendant to
acknowledge his guarantee to the said bond/note of hand [the said
registration to operate as a hypothec only on the property
.................., in the parish of ............................., to which
the second defendant is entitled by [insert details of title] registered on
the .............................].
(By their signatures/by the signatures of
their advocates/solicitors/attornies) hereto, (1)
the first defendant acknowledges his indebtedness to the plaintiff in the
said sum, and (2) the second defendant acknowledges his indebtedness as
guarantor in the said sum, [and the defendants consent to the immediate
registration of this acknowledgement in the Public Registry].
The plaintiff/plaintiff's
(advocate/solicitor), by his/her signature hereto, hereby requests (immediate
registration of this acknowledgement/an act recording acknowledgement only).
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(Initials of law firm)
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Form of acknowledgement of guarantee only
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IN THE ROYAL COURT OF JERSEY
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Before the Judicial Greffier
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The day
of ,
20
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BETWEEN A.B., defendant; and C.D.,
plaintiff; actioning the defendant to acknowledge
his guarantee to a bond/note of hand in the capital sum of
..................[bearing interest] subscribed by E.F. in favour of the
plaintiff on the ........................(date), (or his guarantee
dated the .................. in the capital sum of ................ to the
indebtedness of E.F. to the plaintiff,); [the said registration to operate as
a hypothec only on the property .................., in the parish of
............................., to which the defendant is entitled by [insert
details of title] registered on the .............................].
The defendant, (by his signature/by the
signature of his advocate/solicitor/attorney) hereto, acknowledges his
indebtedness as guarantor in the said sum [and consents to the immediate
registration of this acknowledgement in the Public Registry].
The plaintiff/plaintiff's
(advocate/solicitor) by his/her signature hereto, hereby requests (immediate
registration of this acknowledgement/an act recording acknowledgement only).
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(Initials of law firm)
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Form of acknowledgement where a third party
makes a declaration with regard to dower, life-enjoyment, etc.
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IN THE ROYAL COURT OF JERSEY
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Before the Judicial Greffier
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The day
of ,
20
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BETWEEN A.B. (hereinafter called “the first
defendant”) and C.D. (hereinafter called “the second defendant”), OF THE ONE
PART; and E.F. (hereinafter called “the plaintiff”), OF THE OTHER PART; actioning the defendants as follows:– (1) the first
defendant to acknowledge his indebtedness in a bond/note of hand in the
capital sum of ......................[bearing interest] subscribed by him in
favour of the plaintiff on the …………....... (date), [the said
registration to operate as a hypothec only on the property
.................., in the parish of ............................., to which
the first defendant is entitled by [insert details of title] registered on
the .............................]; and (2) the second defendant to declare
[insert appropriate declaration].
(By their signatures/by the signatures of
their advocates/solicitors/attornies) hereto, (1)
the first defendant acknowledges his indebtedness to the plaintiff in the
said sum [and consents to the immediate registration of this acknowledgement
in the Public Registry]; and (2) the second defendant gives the aforesaid
undertaking.
The plaintiff/plaintiff's
(advocate/solicitor), by his/her signature hereto, hereby requests (immediate
registration of this acknowledgement/an act recording acknowledgement only).
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(Initials of law firm)
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Form
of acknowledgement where a third party makes a declaration with regard to
existing hypothecary rights
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IN THE ROYAL COURT OF JERSEY
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Before the Judicial Greffier
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The day
of ,
20
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BETWEEN A.B. (hereinafter called
‘the first defendant’) and C.D. (hereinafter called ‘the second defendant’),
OF THE ONE PART; and E.F. (hereinafter called ‘the plaintiff’), OF THE OTHER
PART; actioning the defendants as follows- (1) the
first defendant to acknowledge his/her indebtedness in a bond/note of hand in
the capital sum of ....................... [bearing interest] subscribed
by him/her in favour of the plaintiff on
the ………….......................(date), [the said registration to operate
as a hypothec only on the property .................., in the parish of
............................., to which the first defendant is entitled by
[insert details of title] registered on the .............................];
and (2) the second defendant to declare [insert appropriate declaration].
The first defendant, (by his/her
signature/by the signature of his/her advocate/solicitor/attorney) hereto,
acknowledges his/her indebtedness to the plaintiff in the said sum and
consents to the immediate registration of this acknowledgement as aforesaid;
and the second defendant, (by his/her signature/by the signature of his/her
advocate/solicitor/attorney gives the aforesaid undertaking.
The plaintiff/plaintiff's
(advocate/solicitor), by his/her signature hereto, hereby requests (immediate
registration of this acknowledgement/an act recording acknowledgement only).
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(Initials
of law firm)
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Form of acknowledgement referring to the
value or a percentage of the value
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IN THE ROYAL COURT OF JERSEY
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Before the Judicial Greffier
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The day
of ,
20
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BETWEEN A.B. and C.D., defendants; and E.F.,
plaintiff; actioning the defendants to acknowledge
their indebtedness pursuant to [describe the agreement] dated the ………. (date)
which indebtedness shall operate as a hypothec [on the whole of the value
from time to time] or [on ….percent of the value from time to time] of [the
whole of the immovable property of the defendants] or only on the property
.................., in the parish of ............................., to which
the defendants are entitled by [insert details of title] registered on the
............................
The defendants, (by their signatures/by the
signature of their advocate/solicitor/attorney) hereto, acknowledge their
indebtedness to the plaintiff and that such indebtedness shall operate as a
hypothec as described above [and consent to the immediate registration of
this acknowledgement in the Public Registry].
The plaintiff/plaintiff’s
(advocate/solicitor), by his/her signature hereto, requests (immediate
registration of this acknowledgement/an act recording acknowledgement only).
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(Initials of law firm)
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