Petty Debts Court
(Miscellaneous Provisions) (Jersey) Law 2000
A LAW to augment the jurisdiction of
the Petty Debts Court, to provide for certain rights of appeal therefrom and
for the transfer of actions between that Court and the Royal Court and for
of the Petty Debts Court
(1) Subject to paragraphs (2)
and (3), the Petty Debts Court shall have jurisdiction in all civil causes and
matters where the claim (whether liquidated or unliquidated), net of any
interest claimed in respect thereof, does not exceed £30,000.
(2) The Petty Debts Court
shall have jurisdiction in respect of any proceedings which may be brought in
the Royal Court to pronounce the cancellation (résolution)
of a contract (other than a contrat passé
devant Justice) of lease (location) of
an immovable or any interest in an immovable if the rent payable in respect of
the immovable assessed annually at the time of the institution of the
proceedings does not exceed £45,000.
(3) When exercising its
jurisdiction pursuant to paragraph (2) the Petty Debts Court shall have
unlimited jurisdiction in respect of any claim for arrears of rent.
(4) The States may by Regulations –
the monetary amounts referred to in paragraph (1) or (2); and
the monetary amounts referred to in Articles 1 and 5 of the Loi (1867) sur la Cour pour
le recouvrement de menues dettes, so as to reflect any amendment to the monetary amount referred to in
paragraph (1) of this Article.
(5) When exercising its
jurisdiction in relation to any proceedings, the Petty Debts Court shall have
the same powers to grant relief as the Royal Court would have had if those
proceedings had been brought in the Royal Court.
(6) Nothing in this Article
shall derogate from any powers conferred on the Petty Debts Court by or under
any other enactment.
(1) At any stage in any
proceedings commenced in the Petty Debts Court, the Court may, either of its
own motion or on the application of any party to the proceedings, order the
transfer of the whole or any part of the proceedings to the Royal Court on such
terms as to costs or otherwise as it thinks proper, if it considers that –
important or complex question of law or a complex question of fact is likely to
claim exceeds, or the damages claimed are likely to exceed, the jurisdiction of
the Court; or
(c) it is
otherwise in the public interest to do so.
(2) At any stage in any
proceedings commenced in the Royal Court, the Court may, either of its own
motion or on the application of any party to the proceedings, order the
transfer of the whole or any part of the proceedings to the Petty Debts Court
on such terms as to costs or otherwise as it thinks proper, if it considers
that the action is or is likely to be within the jurisdiction of the Petty
to the Royal Court
(1) If any party to any
proceedings in the Petty Debts Court is dissatisfied with the decision of the
Judge, he or she may, with the leave of the Petty Debts Court or the Bailiff,
appeal to the Royal Court in such manner and subject to such conditions as may
be prescribed by Rules of Court.
(2) On hearing an appeal,
the Royal Court may draw any inference of fact and may –
a new hearing in the Petty Debts Court on such terms as it thinks just;
any judgment to be entered for any party; or
a final or other order on such terms as it thinks proper to ensure the
determination on the merits of the real question in controversy between the
(3) The determination of an
appeal by the Royal Court shall be final and conclusive, and shall not be
subject to appeal to any other Court.
(4) This Article is without
prejudice to any right of appeal conferred by any other enactment or rule or law.
(1) This Law may be cited
as the Petty Debts Court (Miscellaneous Provisions)
(Jersey) Law 2000.
(2) Subject to paragraph (3),
nothing in this Law shall apply to any proceedings instituted prior to the
commencement of this Law.
(3) Where all the parties
to any proceedings agree, Article 2 shall apply to those proceedings
notwithstanding they were instituted prior to the commencement of this Law.