Enforcement and Recognition of Foreign Judgments in Jersey
Jersey has its own legal system and is a self-governing jurisdiction.
Overseas judgments have no direct operation in Jersey and cannot, as of right, be enforced in Jersey simply by execution. Judgments obtained outside Jersey may be enforced by statutory registration or at common law.
Judgments (Reciprocal Enforcement) (Jersey) Law 1960, as amended (the “1960 Law”)
A foreign judgment of the courts of “reciprocating countries” may be enforceable in Jersey under the 1960 Law by a process of registration.
Reciprocal Countries and Courts
The reciprocating countries and courts for the purposes of the 1960 Law are as follows:
|Guernsey||Royal Court, Court of Appeal|
|Isle of Man||High Court of justice (including the Staff of Government Division)|
|England and Wales||House of Lords, Court Of Appeal, High Court of Justice|
|Scotland||Court of Session, Sheriff Court|
|Northern Ireland||Supreme Court of Judicature|
Registration and procedure
A person, being a creditor under a judgment of a reciprocating country, may apply to the Royal Court of Jersey:
A judgment cannot be registered if at the date of the application:
The registration of foreign judgments does not include:
The 1960 Law applies to judgments of reciprocating countries that:
A registered judgment of a reciprocating country shall have the same force and effect, and proceedings to enforce may be taken, as if the judgment had been a judgment originally given in the Royal Court of Jersey and entered on the date of registration.
A judgment debtor against whom a registered judgment may be enforced may apply to the Royal Court to set aside the registration of the foreign judgment. The grounds are as follows:
Foreign Court’s jurisdiction
The courts of the country of the original court shall be deemed to have had jurisdiction only in the case of a judgment given:
The courts of the country of the original court shall also be deemed to have had jurisdiction only in the case of a judgment given in an action other than any such action as is mentioned above, if the jurisdiction of the original court is recognized by the law of
Notwithstanding anything above, the courts of the country of the original court shall not be deemed to have had jurisdiction if:
If the 1960 Law does not apply (where the country is not prescribed or other requirements are not met), a foreign judgment creditor looking to enforce in Jersey must seek to rely on the common law of Jersey.
A creditor seeking to enforce a foreign judgment in Jersey at common law cannot do so simply by direct execution of the judgment. The judgment creditor will have to bring a fresh action in Jersey on the foreign judgment. However, the judgment creditor may well be able to seek summary judgment on the ground that the Defendant has no real prospect of successfully defending the claim.
A foreign judgment that cannot be registered under the 1960 Law or enforced at common law may still be recognised by the Jersey Courts and may still be relied upon by way of defence or counterclaim in proceedings that are brought in this jurisdiction.
Non- monetary judgments do not fall within the scope of the 1960 Law and until recently they have not been enforceable in jersey at common law. However the decision of Brunei Investments Agency v Fidelis  JRC 152, the Royal Court held that it now has a discretion to enforce non-money judgments. It held that it had the power to adapt the English common law rules of private international law to reflect the requirements of this jurisdiction.
The court noted, however, that the discretion was to be exercised cautiously. It expressly shied away from defining the criteria the court should take into account when exercising that discretion. It did, however, indicate, that the discretion would be exercised in cases where, inter alia:
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The information and opinion expressed in this briefing does not purport to be definitive or comprehensive and are not intended to provide professional advice. For specific advice, please contact Parslows, We are not responsible for, and do not accept any responsibility or liability in connection with, the content of this document or any reliance upon it