Royal Court (Appeals from Petty Debts
Court) Rules 2004
THE SUPERIOR
NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of the Royal Court (Jersey) Law 1948,[1] Article 2 of the Law Reform (Miscellaneous
Provisions) (Jersey) Law 1967,[2] Article 3 of the Petty Debts Court (Miscellaneous
Provisions) (Jersey) Law 2000[3] and of all other powers enabling
it in this behalf, has made the following Rules –
Commencement [see endnotes]
1 Interpretation
In these Rules –
“the Act of Court”
means the Act of the court below in relation to the Order;
“the Appellant”
means the party making the appeal;
“the Court” means
the Royal Court;
“the court below”
means the Petty Debts Court;
“file” means file
with the Greffier and “filed”
shall be construed accordingly;
“the Greffier” means
the Judicial Greffier;
“the Order” means
the decision against which the appeal is made;
“the Respondent”
means all parties to the appeal other than the Appellant;
“the Transcript”
means the transcript of the hearing in the court below.
2 Limitation
on Appeals
No appeal shall lie from the court below to the Court without the
leave of the court below or the leave of the Bailiff.
3 Applications
to the court below for leave to appeal and a stay of the Order
(1) No
application to the court below for leave to appeal against any decision of that
court shall be made to that court except at the end of the hearing at which the
Order shall be made.
(2) No
application to the court below for a stay of the Order pending appeal shall be
made to that court except at the same time as the said application for leave to
appeal.
(3) Where
leave to appeal is granted, it shall be granted subject to the condition that
the Appellant shall comply with the provisions of Rule 5(1) and 5(3) and that
failure so to do shall set aside the said grant of leave.
(4) Where
leave to appeal is granted, the Judge who made the Order shall furnish the
Greffier with a copy of the reasons for the Order and the Greffier shall
furnish a copy of the said reasons to the Appellant and the Respondent.
4 Application
to the Bailiff for leave to appeal and a stay of the Order
(1) Any
application to the Bailiff for leave to appeal against any decision of the
court below shall be made within 7 days from the date of the Order ex parte to the Bailiff in Chambers by notice of
appeal substantially in the form set out in Schedule 1 to which shall be
attached a copy of the Act of Court.
(2) The
Appellant shall file a copy of the notice of appeal within one day from
furnishing this to the Bailiff.
(3) The
Greffier shall inform the judge who made the Order who shall thereupon furnish
the Greffier with the reasons for the Order, which the Greffier shall send to
the Bailiff together with a copy of the Act of Court.
(4) The
Greffier shall furnish a copy of the said reasons to the Appellant and the Respondent.
(5) Notice
of any application for a stay of the Order shall be included in the notice of
appeal and shall be accompanied by an affidavit in support thereof.
(6) The
Bailiff may determine an application for leave ex
parte and in Chambers.
(7) Any
application for a stay shall be determined with the Bailiff hearing all parties
affected.
(8) Where
leave to appeal is granted, it shall be granted subject to the condition that
the Appellant shall comply with the terms of Rule 5(2) and 5(3) and that
failure to do so shall set aside the said grant of leave.
5 Service
of the notice of appeal upon the Respondent and fixing the date for the hearing
of the appeal
(1) Where
leave to appeal is granted by the court below, the Appellant shall, within 7
days from the date of the grant of leave –
(a) serve
by ordinary post upon the Respondent at his or her address for service a copy
of the notice of appeal substantially in the form set out in Schedule 2 and a
copy of the grant of leave; and
(b) file
one copy of the notice of appeal, of the grant of leave and of the pleadings
and other documents in relation to the proceedings in the court below.
(2) Where
leave to appeal is granted by the Bailiff, the Appellant shall, within 7 days
from the date of the grant of leave –
(a) serve
by ordinary post upon the Respondent at his or her address for service a copy
of the notice of appeal and a copy of the grant of leave; and
(b) file
one copy of the notice of appeal, of the grant of leave and of the pleadings
and other documents in relation to the proceedings in the court below.
(3) The
Appellant shall within 14 days from receiving the Transcript serve upon the
Respondent at his or her address for service a form of notice substantially in
the form set out in Schedule 3 to appear before the Bailiff’s Secretary,
at a date and time convenient to the latter which shall be within 2 working
days from the date on which the said form of notice shall be served upon the
Respondent.
6 Transcript
of the hearing in the court below
(1) The
Appellant shall, within 7 days of the obtaining of leave, ask the Greffier for
a transcript of the hearing in the court below and shall, within 48 hours of so
doing, inform the Respondent thereof.
(2) The
Transcript shall be produced by the Greffier as soon as reasonably possible and
the Appellant shall, upon payment of the transcription fee due in respect
thereof, be entitled to a copy thereof.
(3) The
Appellant shall furnish a copy of the Transcript to the Respondent within 2
days from receiving the Transcript.
7 The
filing of skeleton arguments
(1) The
Appellant shall, at least 10 working days before the date fixed for the hearing
of the appeal, furnish to the Respondent and file a skeleton argument in
relation to the appeal.
(2) The
Respondent shall, at least 3 working days before the date fixed for the hearing
of the appeal, furnish to the Appellant and file a skeleton argument in
relation to the appeal.
8 Extension
or abridgement of time
The Bailiff, the Court or the Greffier shall have power to enlarge
or abridge the time appointed by these Rules, or fixed by an order, for doing
any act, on such terms (if any) as the justice of the case may require, and any
such enlargement may be ordered although the application for the same is not
made until after the expiration of the time appointed or allowed.
9 Citation
These Rules may be cited as the Royal Court (Appeals from Petty
Debts Court) Rules 2004.
SCHEDULE 1
(Rule 4(1))
FORM OF NOTICE OF APPEAL WHERE LEAVE TO APPEAL HAS NOT BEEN GRANTED
BY THE PETTY DEBTS COURT
|
IN THE ROYAL COURT OF
JERSEY
|
|
BETWEEN
|
APPELLANT
|
|
AND
|
RESPONDENT
|
On
appeal from the decision of the Petty Debts Court dated the
day of
, 200-, by which IT WAS
ORDERED:-
[set
out the Order and attach a copy of the Act of Court]
The
appellant hereby applies to the Bailiff for:-
(1) leave
to appeal against the Order; and
(2) a
stay of enforcement of the Order pending appeal.
The
grounds of the appeal are:-
[set
out the grounds of appeal]
If
leave to appeal is granted, the Appellant shall seek the following orders from
the Royal Court
[set
out orders sought]
|
…………………………………………………………
Appellant/Advocate/Solicitor
for the Appellant
|
…………………………
Date
|
SCHEDULE 2
(Rule 5(1))
FORM OF NOTICE OF APPEAL WHERE LEAVE TO APPEAL HAS BEEN GRANTED BY
THE PETTY DEBTS COURT
|
IN THE ROYAL COURT OF
JERSEY
|
|
BETWEEN
|
APPELLANT
|
|
AND
|
RESPONDENT
|
On
appeal from the decision of the Petty Debts Court dated the
day of
, 200-, by which IT WAS
ORDERED:-
[set
out the order]
Whereas
leave to appeal was granted by the Petty Debts Court.
The
grounds of the appeal are:-
[set
out the grounds of appeal]
The
appellant shall seek the following orders from the Royal Court:-
[set
out the orders sought]
|
…………………………………………………………
Appellant/Advocate/Solicitor
for the Appellant
|
…………………………
Date
|
SCHEDULE 3
(Rule 5(3))
FORM OF NOTICE TO FIX A DATE
|
IN THE ROYAL COURT OF
JERSEY
|
|
BETWEEN
|
APPELLANT
|
|
AND
|
RESPONDENT
|
On
appeal from the decision of the Petty Debts Court dated the day
of
, 200.
The
Respondent is hereby warned to appear before the Bailiff’s Secretary on
the day of
, 200-, at
o’clock in the
noon in order to fix a date for the hearing of the appeal before the
Royal Court.
|
…………………………………………………………
Appellant/Advocate/Solicitor
for the Appellant
|
…………………………
Date
|