ROYAL COURT OF
- The purpose of this
practice direction is to provide guidance to parties on how to approach
directions hearings before the Master of the Royal Court and the Royal
- This practice direction
applies to the case where directions are required by rules of the Royal
Court or by order of the Royal Court whether a hearing is fixed by the
parties or by the Court of its own motion.
Timing of the first hearing for directions
- For matters placed on
the pending list, unless the parties have already fixed a date for
directions or the Court has ordered otherwise, within 3 months of the
matter being placed on the pending list the parties will be notified of
the date when a directions hearing is to take place.
- The parties will also be
notified in any other case of the date for a directions hearing where the
Court requires directions to be given.
- Where the Court notifies
the parties that a directions hearing is to take place, the parties shall
be given at least 2 weeks’ notice of the date fixed for the hearing for
- The directions hearing
fixed will ordinarily be for between 30 minutes and 1 hour unless the
Court considers that longer is required.
- Nothing in this practice
direction shall be taken as preventing any party from applying for
directions at an earlier stage or the Court fixing an earlier hearing date,
if the overriding objective (see Royal Court Rule 1/6), leads to such a
hearing being required.
- A party requiring a directions
hearing shall fix a date for such a hearing in compliance with Rule
6/29(2) and Rule 20/1 of the Royal Court Rules 2004, as amended and practice
The parties’ obligations
- In relation to the
hearing of any application for directions it is the duty of the parties
- consider what
directions are required for the matters in issue;
- endeavour to agree
appropriate directions for the management of the case;
- submit any agreed
directions to the relevant judge for approval;
- Where directions are not
agreed, each party shall, at the same time as filing any written contentions pursuant to Practice
Direction 13/01, set out what directions are required; together with a
summary of the reasons why the particular direction is required and any
supporting material the party wishes to rely on at the directions hearing.
- If no contentions are to
be filed, the parties shall still no later than 2 working days before the
directions hearing set out for the other parties and the Court what
directions are required in compliance with paragraph 10.
Scope of orders for directions
- At a directions hearing
the Court may make orders in relation to all or any of the following:-
- Whether further
pleadings are required;
- Whether clarification
of a party’s case is required;
- What discovery orders
should be made including whether discovery should be limited;
- Whether evidence is
required from witnesses of fact and in what form;
- What expert evidence
might be required, having regard to the practice direction on expert
- Whether the matter in
dispute is ready for a trial date to be fixed or whether a further
directions hearing is required;
- Whether the action
should be stayed to permit settlement discussions, mediation or any other
forms of alternative dispute resolution to take place;
- Any cost budgets
submitted where these are required;
- Production of a
- A specimen summons for
directions is attached at Schedule 1;
- All directions must be
completed by a specified calendar date.
- Following directions
being given, all parties must take all necessary steps to ensure as far as
possible that they will be able to adhere to any timetable set.
The approach of the Court
- The Court will order
directions appropriate to the needs of the case, the steps the parties
have taken at the time directions are given and the overriding
objective. In particular the Court
will wish to ensure that the issues between the parties are identified and
that the necessary evidence to resolve such issues is prepared and
disclosed within an appropriate time frame and in a proportionate
- If any party or its
adviser is unprepared for a directions hearing the Court may make such
wasted costs orders as are appropriate.
Variation of directions
- This paragraph deals
with the procedure to be adopted where:-
- The parties are agreed on
changes they wish to make to directions already given; or
- a party wishes to apply
to vary a direction already given.
- It is essential that any
party who wishes to vary a direction takes steps to do so as soon as soon
as possible and in particular before any time limit for compliance with
the direction has expired.
- Any such application
shall be accompanied by an appropriate written summary and submissions
setting out what steps have been taken to adhere to the timetable set, why
the previous directions have not been complied with, what variation is
sought and its impact on any directions previously given.
- Before seeking a variation
a party should endeavour to agree the variation with all other parties to
- In the absence of
agreement the application should be made in sufficient time to permit the
other parties to respond to the application including filing any written
summary or submissions a party wishes to rely on.
- The Court may require
any written summary provided pursuant to paragraphs 20 or 22 to be
verified on oath.
- In respect of an agreed
variation, the parties should be willing to attend to answer any questions
the Court may raise or to attend on the Court if required to do so.
Failure to comply with directions
- Where a party fails to
comply with a direction given by the Court, any other party may apply for
an order that the defaulting party should comply or for a sanction to be
imposed or both.
- Any such application may
be heard at the same time as resisting any application for a variation
pursuant to this practice direction.
- In deciding what order
to make where there has been a failure to comply, the Court will:-
- as far as possible
endeavour to ensure that existing trial dates are not adjourned;
- direct that any steps
required to be taken are taken in the shortest possible time;
- impose an appropriate
and proportionate sanction for non-compliance;
- make such orders to
costs as are appropriate including wasted costs orders against a party
and/or a party’s legal representative.
direction will come into force on 1st June 2017 and Practice
Direction RC05/31 is repealed
FORM OF SUMMONS
the Royal Court of Jersey
Let all parties appear before the [Judicial Greffier/Master of the Royal
Court] at the [Judicial Greffe], Royal Court, Royal Square, St Helier on
of 20 ,
at o’clock in
on the hearing of an application for directions [pursuant to Rule 6/26 of the
Royal Court Rules 2004,] as amended in the above named action that:-
action be set down on the hearing list.
2. This action be consolidated with
[action(s) – No. [ ].]
3. The plaintiff have leave to amend the
Order of Justice [or the defendant have leave to amend the answer [and
counterclaim] or the plaintiff have leave to amend the reply [and answer
to counterclaim] and to re-serve the amended pleading
and that the opposite party have leave to serve an amended consequential
pleading, if so advised,
thereafter and that the costs of and occasioned and thrown away by the
amendments be the defendant’s [or the plaintiff’s] in any event.
4. Any request by any party to obtain
further information about another party’s case shall be made by close of business
on [ ].
response to any request for further information shall be provided by [ ]
Plaintiff and the Defendant shall make discovery of all relevant documents to
each other by provision of a List of Documents verified by affidavit by [ ].
be inspection of the Documents within [
] days of service of the List of Documents;
dated [and sworn] witness statements of fact [to stand as evidence in chief]
shall be simultaneously exchanged by close of business on [ ].
party has permission to rely on the evidence of [one] expert in the field[s] of
10. [The reports of the
relevant expert shall be exchanged simultaneously on ] or [the [plaintiff] shall provide
its expert report(s) to the defendant on [
] and the defendant shall provide its expert report(s) to the plaintiff
on [ ].
11. Unless otherwise agreed by both parties'
advocates, after consulting with the experts, the experts of like discipline
for the parties shall discuss the case on a without prejudice basis by close of
business on [ ];
signed joint statement shall be prepared by the experts. Individual copies of such statements shall be
signed by the experts at the conclusion of the discussion, or as soon
thereafter as practicable and provided to the parties’ advocates by [ ];
will be conducted a pre-trial review at such time and in such manner as the
Judicial Greffier/Master of the Royal Court may specify.
14. The estimated length
of trial shall be
[ ], and the estimated length of
the pre-trial review shall be [1 hour].
15. The parties shall apply to the Bailiff’s
Judicial Secretary [within
[ ] days
to fix a date for the trial of this action and the pre-trial review.
16. The pre-trial review shall take place no
later than [ ] weeks before the
date fixed for the trial of the action.
there is or will be any material non-compliance with any part of the orders set
out herein, this matter must be referred back to the [Master] as soon as
of 20 .
summons was issued by
for the Plaintiff[s]
Advocate/Solicitor for the Defendant[s]. Greffier