Baker & Partners - Commercial Litigation

Commercial Litigation

This guide provides an overview of some of the key areas of commercial litigation in Jersey. It gives a brief summary of the current law, practice and procedure in areas that frequently affect the conduct of commercial litigation.

The Offshore Perspective

Jersey is a self-governing British Crown Dependency, with its own legal system, legislature and laws. Jersey uses customary law (similar to common law), derived from a variety of sources.

One of those sources is frequently English law, particularly in commercial litigation, but Jersey Law may also look to sources such as Norman customary law and the French Code Civil. None of these sources create binding precedent in Jersey.

The Royal Court of Jersey is presided over by the Bailiff, assisted by jurats, who are the judges of fact in civil cases. Jurats need not be legally trained. Two jurats sit with the judge in civil trials to constitute the Inferior Number. Civil matters are dealt with by the Samedi division of the Court.

Other officers of the Court include the Master of the Royal Court, who deals with interlocutory matters in civil cases; the Viscount, who is the executive or enforcement officer of the Royal Court; and the Judicial Greffier, who is the administrative officer of the Court and whose department is known as the Judicial Greffe. Its functions include taxing costs, registering foreign judgments and maintaining the list of actions before the Royal Court.

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