Applications for an Acte Vicomte
chargé d’écrire (“AVCD”) pursuant to Rule 11/1 of the
Royal Court Rules 2004.
1. In the matter of the representation of Alfalfa
Investments Limited  JRC055, the Court pronounced
that the amendments to the Loi (1832) sur les Décrets occasioned by the Statute Law Reform (Miscellaneous
Provisions) (Jersey) Law 2014 meant that applications by creditors for an AVCD
would be entertained where the creditor had the benefit of a valid
acknowledgement of debt and a subsequent registered Act of Court.
2. Such applications for an AVCD must, in
accordance with Rule 11/1 of the Royal Court Rules, be made by Representation
and accompanied by an Affidavit which exhibits the act or judgment and verifies
the amount of the debt still outstanding.
3. Where such an application is made, and to avoid
the potential of unfairness for the debtor, the Royal Court requires that the
supporting Affidavit must include the following:
that the creditor is not aware that the debt for a liquidated sum is subject to
a genuine dispute and arguable defence or counterclaim.
b) Prima facie evidence that the debtor has not
paid the outstanding debt and that the outstanding debt is now due.
c) Evidence that the creditor had engaged or
attempted to engage with the debtor in order to explain that bankruptcy and
dégrèvement is imminent
d) Evidence that appropriate steps have been taken
by the creditor to make the debtor aware that an application for an AVCD is to
be made to the Royal Court and
e) Evidence that a reasonable period of time has
elapsed between the outstanding debt falling due and the application for an
AVCD, which would necessarily be a period of one month as provided for under
Article 2 of the Loi (1832) sur les Décrets.
4. This Practice Direction is effective
12th May 2020