Jersey Law 29/2000

 

PETTY DEBTS COURT (MISCELLANEOUS PROVISIONS) (JERSEY) LAW 2000

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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 connected purposes; sanctioned by Order of Her Majesty in Council of the

 

11th day of OCTOBER 2000

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(Registered on the 20th day of October 2000)

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STATES OF JERSEY

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The 16th day of May 2000

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                THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law -

 

ARTICLE 1

 

Jurisdiction of the Petty Debts Court

 

                (1)     Subject to paragraphs (2) and (3) of this Article, 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 £10,000.

 

                (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 £15,000.

 

                (3)     When exercising its jurisdiction pursuant to paragraph (2) of this Article the Petty Debts Court shall have unlimited jurisdiction in respect of any claim for arrears of rent.

 

                (4)     The States may by Regulations -

 

                (a)     amend the monetary amounts referred to in paragraph (1) or (2) of this Article; and

 

                (b)     amend the monetary amounts referred to in Articles 1 and 5 of the Loi (1867) sur la Cour pour le recouvrement de menues dettes, as amended,[1] 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.

 

ARTICLE 2

 

Transfer of actions

 

                (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 -

 

                (a)     an important or complex question of law or a complex question of fact is likely to arise;

 

                (b)     the 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 Debts Court.

 

ARTICLE 3

 

Appeal 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 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)     order a new hearing in the Petty Debts Court on such terms as it thinks just;

 

                (b)     order any judgment to be entered for any party; or

 

                (c)     make 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 parties.

 

                (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.

 

ARTICLE 4

 

Consequential amendments and repeals

 

                (1)     In Articles 1 and 5 of the Loi (1867) sur la Cour pour le recouvrement de menues dettes, as amended,[2] for the words “deux mille cinq cents” there shall be substituted the words “dix mille”.

 

                (2)     In Article 2(1)(c) of the Law Reform (Miscellaneous Provisions) (Jersey) Law 1967,[3] the words “(other than sub-paragraph (b) of paragraph (1) thereof)” shall be deleted.

 

                (3)     The following provisions are repealed -

 

                (a)     Articles 1 and 3 of the Loi (1891) sur la Cour pour le recouvrement de menues dettes, as amended;[4]

 

                (b)     the Loi (1902) sur la Cour pour le recouvrement de menues dettes (Appels), as amended;[5]

 

                (c)     Article 7 of the Civil Proceedings (Jersey) Law 1956;[6] and

 

                (d)     Article 1 of the Loi (1984) sur la Cour pour le recouvrement de menues dettes;[7]

 

                (e)     Article 1(d)(ii), Article 1(f) and Article 2(a) of the Loi (1993) sur la Cour pour le recouvrement de menues dettes.

 

ARTICLE 5

 

Citation, commencement and application

 

                (1) This Law may be cited as the Petty Debts Court (Miscellaneous Provisions) (Jersey) Law 2000 and shall come into force on such day as the States may by Act appoint.

 

                (2)     Subject to paragraph (3) of this Article, 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 of this Law shall apply to those proceedings notwithstanding they were instituted prior to the commencement of this Law.

 

                                                                                      C.M. NEWCOMBE

 

Deputy Greffier of the States.

 



[1] Tomes I-III, pages 318 and 319, Volume 1984-1985, page 5 and Volume 1992-1993, page 242.

[2] Tomes I-III, pages 318 and 319, Volume 1984-1985, page 5 and Volume 1992-1993, page 242.

[3] Volume 1966-1967, page 428.

[4] Tomes IV-VI, page 103 and Volume 1992-1993, page 242.

[5] Tomes IV-VI, page 209 and R & O 5013.

[6] Tome VIII, page 655.

[7] Volume 1984-1985, page 5.


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