Practice Direction for Service of Process
This practice direction applies to those
wishing to serve proceedings within Jersey where personal service through the
Viscount’s Department is normally required under the Royal Court Rules but
where the Viscount is unable to effect service due to coronavirus and social
distancing measures in force at the time service is required.
This Practice Direction does not apply to
defendants who (in the case of individuals) do not reside in the island or to
legal entities who do not have a place of business, registered office or other
address for service in Jersey.
- Where a
plaintiff considers that difficulties with personal service may arise, a
plaintiff should endeavour to agree with a defendant or any advisor
representing a defendant a method of service. A defendant or any adviser
retained are expected to cooperate with any such request as part of the
obligation of effective case management.
agreement shall be recorded in writing and shall be sent to the Master of
the Royal Court for ratification. An agreement may be reached by an
exchange of emails. An Act of Court will then be issued in pdf form under
Royal Court Rule 5/10 permitting service by the method agreed with a specified
date requiring the defendant to appear before the Royal Court at a
specified time. This will ordinarily be the Friday afternoon sitting of
the Royal Court.
- In the
absence of agreement, an application should be made to the Master of the
Royal Court to dispense with personal service and for substituted service
again under Rule 5/10. The application may be by email. It should
summarise briefly the nature of the claim and should attach any draft
pleading and any relevant correspondence with a defendant or any adviser.
Ordinarily the application will be without notice to the intended
defendant. The normal duty of full and frank disclosure applies to any
such application. A supporting affidavit is not required but any
statements made will be treated as if they had been made on affidavit.
Master will consider the application on the papers. Ordinarily, the order
is likely to be granted unless the Master requires additional information.
The Master may also seek additional information from a defendant if considered
- If the
application is granted, an Act of Court in pdf form will then be issued
under Royal Court Rule 5/10 permitting service by the method ordered by
- On any
ex parte applications to the Bailiff sitting alone or to the Royal Court,
if a party wishes to use another method of service in Jersey instead of
personal service, permission must be sought expressly as part of the
application and drawn to the express attention of the Bailiff or the Royal
plaintiff must effect service in the manner required by the relevant Act
of Court summoning the defendant or convened party to appear before the
- The Act
of Court will also require the plaintiff to file proof of service with the
Judicial Greffe. This will be by no later than 5pm on the Tuesday before
the sitting at which the defendant is required to appear unless the Act of
Court specifies otherwise.
parties or their advisers following service are also expected to cooperate
to agree that the matter may be placed on the pending list or adjourned.
An initial adjournment of 6 weeks (rather than the usual 4 weeks) may be
agreed without reference to the Court. Any longer period or additional
adjournment will still require Court approval pursuant to practice Direction
This guide will remain in force for so long as
the Royal Court is unable to operate normally due to the coronavirus outbreak.
12th May 2020
Page Last Updated: 12 May 2020