ROYAL COURT OF
JERSEY
RC17/02
Placing Case on the
Pending List and Adjournments by Consent Prior to Pleadings
1.
When an action is to come before the
Royal Court for the first time following service on the defendant or has been
adjourned for the matter to come back before the Royal Court and the parties
(or those parties who have been duly served in an action as the case may be),
agree that the action is to be placed on the Pending List, the following
procedures will apply:-
- It remains the
responsibility of the parties to ensure that the necessary arrangements
are made for an action to be placed on the “Table”;
- If an action has been tabled, and all parties concerned
in the particular application, agree that an action is to be placed on
the Pending List, a letter signed by the parties or their legal
representatives of all the parties to that effect and lodged with the
Judicial Greffe by 12 noon on the day prior to the action being called
(usually on the Friday afternoon sitting of the Royal Court), will mean
that the parties or their representatives or any of them will not be
required to appear before the sitting of which the action is to be
called.
2.
Where parties wish to adjourn any matter
by agreement, it having been tabled,
the parties may adjourn matters for up to 4 weeks without leave of the Court
provided that a letter is filed with the Judicial Greffier complying with the
terms of paragraph 1b of this Practice Direction.
3.
If parties wish to adjourn a matter for
more than 4 weeks whether for a defined period or indefinitely, the parties must
provide to the Judicial Greffier by the same time limit as set out in paragraph
1b of this Practice Direction an agreed written statement setting out why the
adjournment is required including the justification for the length of the
adjournment sought.
4.
If the requirements set out in this
Practice Direction have been met the Court will either approve what has been
agreed or, if it is not prepared to grant approval, will ensure appropriate
notice is given to the parties so that they may appear before it to enable the
Court to consider any alternative course of action which it considers
appropriate;
5.
An adjournment may also be sought
orally. The parties in seeking an
oral adjournment must justify why an adjournment is required.
6.
Adjournments for an indefinite period will
only be granted in exceptional circumstances.
7.
No more than 3 adjournments of an action
prior to filing of any further pleadings will be granted save in exceptional
circumstances;
8.
On expiry of any adjournment granted for
a defined period the matter shall return before the Royal Court on the next
Friday afternoon sitting where the parties may place the matter on the Pending
List (if grounds exist to do so) or seek a further adjournment in compliance
with the terms of this Practice Direction;
This Practice Direction will
come into force on 1st June 2017 and Practice Direction RC 05/22
is repealed.