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A Guide to Jersey Injunctive Relief in Aid of Foreign Proceedings

injunctive relief

Our expert Civil and Commercial Litigation Lawyers answer your most frequently asked questions about injunctions and foreign aid proceedings in Jersey, including the time frames for applications and the procedure.

Parslows Jersey does not hold retainers with any Jersey trust company nor Jersey financial institution, so we are generally conflict-free.

Frequently Asked Questions:

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 under Rule 7(b) of the Service of Process (Jersey) Rules 1994,  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.

Procedure for Jersey injunction

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.

The plaintiff:-

  • 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.

Time periods for application for Jersey injunction

Whilst 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 further information of Jersey injunctive relief contact the Parslows Jersey litigation team on +00 44 01534 630530.  We do not hold retainers with any Jersey trust company nor Jersey financial institution.

Civil and Commercial Litigation

For advice, assistance or further information on Jersey injunctive relief  procedures or other Jersey litigation please do not hesitate to call + 44 01534 630530 or email us on litigation@parslowsjersey.com


Please note that the information provided on this website is for general information purposes only and is designed to provide you with an outline of the legal services we offer.  Whilst we endeavour to ensure our information is correct and useful, we make no representations or warranties regarding the accuracy or completeness of the information offered.  Information on our website does not constitute legal advice and Parslows Jersey accepts no liability for any loss or damage arising out of, or in connection with, the information found in this website.  Please consult a lawyer at Parslows Jersey in the event that you require professional assurance that our information, and your interpretation of the same, is correct.
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