ROYAL COURT OF JERSEY
Freezing Order and Interim Injunctions
1. The granting of a freezing order or an
interim injunction 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 such 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 orders or other interim
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. For other types of injunctions, the same
undertakings as for a freezing order should be inserted as part of the relief
asked for. The order applied for should
otherwise specify the precise injunction required so that the defendant knows
what conduct is prohibited or required, and any exceptions that may apply. Paragraphs 7 and 8 of the standard orders for
freezing orders should also be included in any other application for an
injunction. There should also be an
express power to vary any such injunction by consent.
4. The following matters should be borne in
mind in relation to an ex parte application for a freezing order or an interim
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 applied for 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. This obligation applies equally to any other
injunction granted by the Bailiff or Deputy Bailiff.
D. Practitioners will note that when granting a
freezing order or other injunction 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 2019 and Practice Direction RC15/01 (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 freezing order or other injunction 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.
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
6. This Practice
Direction will come into force on Monday 19th October and in place
of Practice Direction RC15/04, which is revoked on the same date.
Wording for a Freezing Order
After the main body of the
Order of Justice insert:-
WHEREFORE 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
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 damages;
3. [Optional] To fortify the undertakings contained in the
foregoing paragraphs 1 and/or 2
[by paying the sum of
to his Advocate on or before the
and shall forthwith upon such payment notify the Defendant/Party Cited of the
[By 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
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
the substance of what was said to the Court by the Plaintiff's Advocate].
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 ORDERED THAT:-
1. Disposal of Assets by
(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
[This prohibition includes the following assets in
(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 accounts numbered
(2) If the total unencumbered value of the
Defendant's assets in the Island of Jersey [or elsewhere] exceeds
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
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
(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.
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 of
prohibition includes the following assets in particular:-
any money in accounts numbered
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
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.
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
(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 it.
(4) A requirement relating to service of any order
on "the Defendant" or "the Party Cited" means on each of
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
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
(with a request that it be transmitted to the Defendant) requiring the Defendant's attendance before the Royal
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
(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:-
the said interim orders.;
St. Helier this
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.