Service of Process
Rules 1994
PART 1
PRELIMINARY
1 Interpretation
In
these Rules –
“Court” means
any division of the Royal Court, the Bailiff or the Judicial Greffier;
“defendant”
includes a third party convened in an action and a respondent to proceedings
commenced by representation;
“plaintiff”
includes a defendant who is convening a third party in an action and the
representor in proceedings commenced by representation;
“sealed” and
“under seal” mean sealed with the seal of Jersey.
PART 2
SERVICE IN Jersey OF
PROCESS OF A FOREIGN COURT
2 Where there is a letter of request
Where in any civil or
commercial matter pending before a court or tribunal of a foreign country a
letter of request from such court or tribunal for service on any person within Jersey
of any process or citation in such matter is transmitted to the Royal Court by Her
Majesty’s Secretary of State for the Home Department with an intimation
that it is desirable that effect should be given to the same, the following
procedure shall be adopted –
(a) the
letter of request for service shall be accompanied by a translation thereof in
the English language and by 2 copies of the process or citation to be served,
and by 2 copies thereof in the English language;
(b) service
of the process or citation shall be effected by the Viscount;
(c) such
service shall be effected by delivering to and leaving with the person to be
served one copy of the process or citation to be served, and one copy of the
translation thereof (if any);
(d) after
service has been effected the Viscount shall return to the Bailiff one copy of
the process or citation, together with the Viscount’s record of service;
(e) no
court or other fees shall be charged in respect of the service;
(f) the
Bailiff shall transmit to Her Majesty’s Secretary of State for the Home
Department a copy of the process or citation, together with the
Viscount’s record of service and a certificate under seal in Form 1 set
out in the Schedule.
3 Where there is a convention
Where in any civil or commercial
matter pending before a court or tribunal in any foreign country with which a
Convention in that behalf has been or shall be made, a request for service of
any document on a person within Jersey is received by the Attorney General from
the Consular or other authority of such country, the following procedure shall,
subject to any special provisions contained in the Convention, be
adopted –
(a) the
service shall be effected by the delivery of the original or a copy of the
document, as indicated in the request, and a copy of the translation thereof,
to the party or person to be served in person by the Viscount;
(b) no
court or other fees shall be charged in respect of the service;
(c) the
Attorney General shall transmit to the Consular or other authority making the
request the Viscount’s record establishing the fact and the date of the
service in person, or indicating the reasons for which it has not been possible
to effect it.
PART 3
SERVICE OUTSIDE Jersey OF
PROCESS OF JERSEY COURTS
4 Exclusion of process in matrimonial causes or matters
This part of these Rules
shall not apply to the service of documents in matrimonial causes or matters.
5 Leave to serve outside Jersey
No summons shall be
served outside Jersey without the leave of the Court.
6 Form of summons for service outside Jersey and form of affidavit of
service
(1) A
summons to be served outside Jersey shall be in Form 2A or 2B set out in the Schedule,
with such variations as circumstances may require, and may be served by a party
or the party’s agent unless such mode of service is expressly excluded by
a Convention made with the country in which the summons is to be served.
(2) An
affidavit of service shall be in Form 3 set out in the Schedule, with such
variations as circumstances may require, and shall be endorsed on or annexed to
a copy of the summons.
7 In certain cases service of summons allowed out of jurisdiction[2]
Service out of the
jurisdiction of a summons may be allowed by the Court whenever –
(a) relief
is sought against a person domiciled within the jurisdiction;
(b) an
injunction is sought ordering the defendant to do or refrain from doing
anything within the jurisdiction (whether or not damages are also claimed in respect
of the doing of or failure to do that thing);
(c) the
claim is brought against a person duly served within or out of the jurisdiction
and a person out of the jurisdiction is a necessary or proper party thereto;
(d) the
claim is brought to enforce, rescind, dissolve, annul or otherwise affect a
contract, or to recover damages or obtain other relief in respect of the breach
of a contract, being (in either case) a contract which –
(i) was
made within the jurisdiction,
(ii) was
made by or through an agent trading or residing within the jurisdiction on
behalf of a principal trading or residing out of the jurisdiction,
(iii) is by
its terms, or by implication, governed by Jersey law, or
(iv) contains a
term to the effect that the Royal Court shall have jurisdiction to hear and
determine any action in respect of the contract;
(e) the
claim is brought in respect of a breach committed within the jurisdiction of a
contract made within or out of the jurisdiction, and irrespective of the fact,
if such be the case, that the breach was preceded or accompanied by a breach
committed out of the jurisdiction that rendered impossible the performance of
so much of the contract as ought to have been performed within the
jurisdiction;
(f) the
claim is founded on a tort and the damage was sustained, or resulted from an
act committed, within the jurisdiction;
(g) the
whole subject-matter of the action is land situate within the jurisdiction
(with or without rents or profits);
(h) the
claim is brought to construe, rectify, set aside or enforce an act, deed, will,
contract, obligation or liability affecting land situate within the
jurisdiction;
(i) the
claim is made for a debt secured on immovable property or is made to assert,
declare or determine proprietary or possessory rights, or rights of security,
in or over movable property, or to obtain authority to dispose of movable
property, situate within the jurisdiction;
(j) the
claim or application is brought within the terms of Article 5 of the Trusts (Jersey)
Law 1984;
(k) the
claim is made for the administration of the movable estate of a person who died
domiciled within the jurisdiction or for any relief which might be obtained in
any such action;
(l) the
claim is brought in a probate action;
(m) the
claim is brought to enforce any judgment or arbitral award;
(n) the
claim is brought under the Nuclear Installations (Jersey) Order 1980;
(o) the
claim is made under the Forfeiture of Assets
(Civil Proceedings) (Jersey) Law 2018;
(p) the
action is brought under the Carriage by Air Act 1961 of the United Kingdom,
as extended to Jersey by Order in Council;
(q) the
claim is brought for money had and received or for an account or other relief
against the defendant as constructive trustee, and the defendant’s
alleged liability arises out of acts committed, whether by the defendant or
otherwise, within the jurisdiction;
(r) the
claim is brought against the natural father in order to obtain maintenance
and/or other financial support for an illegitimate child who is resident within
the jurisdiction;
(s) the
claim or application is brought under the terms of the Companies (Jersey)
Law 1991, and the person to be served is a necessary or proper party
thereto.
8 Agreement
on jurisdiction and service
Notwithstanding anything
contained in Rule 7, the parties to any contract may agree –
(a) that
the Royal Court of Jersey shall have jurisdiction to entertain any action in
respect of such contract, and, moreover or in the alternative;
(b) that
service of any summons in any such action may be effected at any place within
or out of the jurisdiction on any party or on any person on behalf of any party
or in any manner specified or indicated in such contract. Service of any such
summons at the place (if any) or on the party or on the person (if any) or in
the manner (if any) specified or indicated in the contract shall be deemed to
be good and effective service wherever the parties are resident and, if no
place or mode or person be so specified or indicated, service out of the
jurisdiction of such summons may be ordered.
9 Application to be supported by evidence
Every application for
leave to serve such summons on a defendant out of the jurisdiction shall be
supported by affidavit or other evidence, stating that in the belief of the
deponent the plaintiff has a good cause of action, and showing in what place or
country such defendant is or probably may be found, and the grounds upon which
the application is made; and no such leave shall be granted unless it shall be
made sufficiently to appear to the Court that the case is a proper one for
service out of the jurisdiction under this Part.
10 Order to fix time for appearance
Any order giving leave to
effect such service shall specify the date upon which such defendant is to
appear before the Royal Court of Jersey, or the time within which the defendant
is to file an answer, such date or time to depend on the place or country where
or within which the summons is to be served, and whether the air mail is
available and shall also state whether personal service of the summons on the
defendant is required.
11 Service abroad by letter of request
Subject to the provisions
of Rule 13, where leave is given to serve a summons in a foreign country whose
Government is willing to act as a channel for the service of process, the
following procedure may be adopted –
(a) the
party bespeaking service under this Rule shall lodge with the Bailiff a request
in Form 4 set out in the Schedule, with such variations as circumstances may
require;
(b) the
document to be served shall be sealed and transmitted by the Bailiff to Her
Majesty’s Secretary of State for the Home Department, together with 2
copies thereof translated into the language of the country in which service is
to be effected and with a request for the further transmission of the same to
the Government of the country in which leave to serve the document has been
given. Such request shall also be sealed and shall be in Form 5 set out in the Schedule,
with such variations as circumstances may require;
(c) an
official certificate, or declaration upon oath, or otherwise, transmitted
through the diplomatic channel by the Government or Court of the foreign
country to the Bailiff, shall, provided that it certifies or declares the
document to have been personally served, or to have been duly served upon the
defendant in accordance with the law of such foreign country, or words to that
effect, be deemed to be sufficient proof of such service;
(d) where
an official certificate or declaration, transmitted to the Bailiff in manner
provided in sub-paragraph (c), certifies or declares that efforts to serve
a document have been without effect, the Bailiff may, upon an ex parte application of the plaintiff, make an order
for substituted service of such document. Such order shall be in Form 6 set out
in the Schedule to these Rules, with such variations as circumstances may
require;
(e) an
application for substituted service of a document under this Rule may be
bespoken by the plaintiff by lodging with the Bailiff a request in Form 4 set
out in the Schedule, and the document and copy of the same and the order shall
be sealed and transmitted to Her Majesty’s Secretary of State for the
Home Department by the Bailiff in manner aforesaid together with a request,
likewise under seal, in Form 7 set out in the Schedule, with such variations as
circumstances may require.
12 Service abroad for the purpose of an action under the Carriage by
Air Act 1961
(1) Where,
for the purpose of an action under the Carriage by Air Act 1961 of the United
Kingdom, as extended to Jersey by Order in Council and the Convention set out
in the said Act, leave is given to serve a summons upon a High Contracting
Party to the Convention, the provisions of this Rule shall apply.
(2) The
party bespeaking service under this Rule shall lodge with the Bailiff a request
in Form 4 set out in the Schedule.
(3) The
summons shall specify the date upon which appearance before the Royal Court of
Jersey is to be made or the time within which an answer is to be filed as fixed
in pursuance of Rule 10.
(4) The
summons shall be sealed and transmitted by the Bailiff to Her Majesty’s
Secretary of State for the Home Department together with 2 copies thereof
translated into the language of the country of the defendant, and with a
request, likewise under seal, for the further transmission of the same to the
Government of that country.
(5) The
request shall be in Form 8 set out in the Schedule, with such variations as
circumstances may require.
(6) An
official certificate transmitted by one of Her Majesty’s Principal
Secretaries of State to the Bailiff certifying that the summons was delivered
on a specified date to the Government of the country of the defendant shall be
deemed to be sufficient proof of service.
(7) After
the defendant has appeared before the Royal Court or, if the defendant does not
so appear, after the date fixed for the defendant’s appearance or after
the expiration of the time limited for filing an answer, the action may proceed
to judgment in all respects as if the defendant had for the purposes of the
action waived all privilege and submitted to the jurisdiction of the Court.
(8) Where
it is desired to serve or deliver an order or notice in the proceedings on the
defendant outside Jersey, the provisions of this Rule shall apply with such
variations as circumstances may require.
13 Service of documents in countries with which a convention has been
made
Where leave is given in a
civil or commercial matter or where such leave is not required, and it is
desired to serve any summons, originating summons, notice or other document in
any foreign country with which a Convention in that behalf has been or shall be
made, the following procedure shall, subject to any special provisions
contained in the Convention, be adopted –
(a) the
party bespeaking such service shall lodge with the Bailiff a request in Form 4
set out in the Schedule, which form may be varied as may be necessary to meet
the circumstances of the particular case in which it is used. Such request
shall state the medium through which it is desired that the service shall be
effected, i.e., whether –
(i) directly
through the British Consul, or
(ii) through
the foreign judicial authority, and shall be accompanied by the original
document and 2 copies of a translation thereof in the language of the country
in which service is to be effected, a copy of the original document and of such
translation for every person to be served and any further copies which the
Convention may require, unless the service is required to be made on a British
subject directly through the British Consul, in which case no translation or
copies thereof need accompany the request unless the Convention expressly requires
that they should do so;
(b) the
documents to be served shall be sealed and forwarded by the Bailiff to Her
Majesty’s Secretary of State for the Home Department for transmission to
the foreign country;
(c) an
official certificate, transmitted through the diplomatic channel by the foreign
judicial authority, or by a British Consular authority, to the Bailiff,
establishing the fact and the date of the service of the document, shall be
deemed to be sufficient proof of such service.
14 Translation
certificate
Any translation prepared
for the purposes of Rule 11, 12 or 13 shall be certified by the translator who
shall state in his or her certificate his or her qualifications for making the
translation.
15 Alternate
modes of service
Rule 13 shall not apply
to or render invalid or insufficient any mode of service in any foreign country
with which a Convention has been or shall be made which is otherwise valid or
sufficient according to Jersey procedure and which is not expressly excluded by
the Convention made with such foreign country.
PART 4
GENERAL
16 Substituted
service
(1) The
Court may make all such orders for substituted service or otherwise as may be
necessary to give effect to these Rules.
(2) The
prescription of a right of action shall be interrupted on the making of an order
for substituted service under paragraph (1):
Provided that prescription
shall not be interrupted where –
(a) the
service is invalid;
(b) the
action is discontinued; or
(c) the
defendant is discharged (déchargé) from the action.
17 Citation
These Rules may be cited
as the Service of Process Rules 1994.