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Jersey Injunctive Relief in Aid of Foreign Proceedings – FAQs
Injunctive Relief | Dispute Resolution & Litigation
Can the Royal Court of Jersey grant injunctive relief in support of foreign proceedings, even where that is the only relief being sought in Jersey?
The Royal Court of Jersey has the power to grant injunctive relief in aid of foreign proceedings, even though no other form of relief is sought in the Jersey proceedings.
Can the Royal Court of Jersey order service of its process out of the jurisdiction on a defendant where an injunction alone is sought and there is no other connection with the jurisdiction save for the existence of assets here?
The Royal Court of Jersey has the power to order service of its process on a defendant outside Jersey where an injunction is sought and the injunction orders the defendant to do, or refrain from doing, anything within the jurisdiction of Jersey.
What is the Procedure for applying for Jersey injunctive relief?
An application for a Jersey injunction is made by an originating form called an Order of Justice. This must be supported by affidavit evidence.
A Jersey injunction application will usually be made ex parte in Chambers on paper without a formal hearing. The Court will endorse on the injunction a return date for a full inter partes hearing.
The affidavit must show that:
- It has a good arguable case;
- There is a real risk that the defendant will dissipate its assets rendering a judgment or award in the plaintiff’s favour unsatisfied;
- That it is just and convenient for the court to grant the injunction. When considering the balance of convenience, the Royal Court will consider many factors, including whether an award of damages would be an adequate remedy for the plaintiff instead of the injunction sought and, in contrast, whether the undertaking the plaintiff must give in favour of the defendant is sufficient to protect the defendant if an injunction is granted but later set aside.
- has a duty to provide full and frank disclosure in the affidavit or run the risk of the injunction being dismissed;
- will be required to provide an undertaking as to damages in case the injunction was wrongly issued and has caused loss to the defendant;
- may be required to provide security.
What are the time periods for an application for a Jersey injunction
While every case turns on the detail, it is usually possible to present an ex parte injunction application to the Royal Court within 48 hours of instruction.
For advice, assistance or further information on Jersey injunctive relief procedures or other Jersey dispute resolution and litigation please do not hesitate to call + 44 01534 630530 or email us on email@example.com
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