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Jersey Dispute Resolution and Litigation Services | Glossary

Dispute Resolution and Litigation

Address for Service – An address for service is an address in Jersey chosen by each of the parties in civil proceedings to which all summonses, correspondence, notifications etc. must be sent to that party.

Adjourn – To defer a case to another day.

Advocate – The name given to Jersey qualified lawyers who have a right of audience in all Island’s courts.

Affidavit –  A written statement made upon oath  and signed in the presence of a person who is authorised to administer oaths (Advocate or solicitor)

Answer – A pleading submitted by a defendant  in response to allegations asserted by the plaintiff.

Balance of Probabilities – The standard of proof applied in civil proceedings i.e. the party seeking to prove a fact must establish it on the balance of probabilities which essentially means that it must be more likely than not that the alleged fact is true.

Counter-Claim – A document filed in response to a Order of Justice. It is filed by a defendant in opposition to, or over and above, the claims asserted by the plaintiff.

Defendant – This refers to the person being sued.

Directions Hearing – A procedural hearing in civil proceedings, usually heard by the Master of the Royal Court, designed to ensure that cases are dealt with efficiently and any matters of law or issues are dealt with prior to the trial. The judge will normally issue directions to the parties on how the pre-trial steps shall proceed.

Discovery –  Parties to civil litigation have an obligation to disclose all relevant documents in their possession custody or power  relating to the matters in issue between them. There are exceptions to this.

Ex parte – proceeding issued by one party without the other involvement such as injunctive relief

Injunction – A Royal Court order prohibiting a person from doing something or requiring a person to do something.

Inter Parte – Proceedings arising between two or more parties.

Interrogatories – Formal written questions which may be put to an opponent before any trial takes place, in order to find out important facts about a case.

Judgment – The orders made by the Royal Court at the conclusion of a civil case.

Order of Justice –  This is an originating process to commence litigation.  It is the statement of facts making a claim and setting out the relief sought such as damages, declaration, injunctions, other relief, or interest and costs.

Particulars of claim –  A Statement or Particulars of Claim is required where an action commenced by simple summons is placed on the pending list by the defendant (or is sent to pleadings in the Petty Debts Court).  It is a detailed written pleading setting out a plaintiff’s claim in civil proceedings.

Pleadings – The written documents setting out the parties’ cases in litigation.

Plaintiff – the party who issues proceedings against another.

Reply – A plaintiff’s pleading in response to a defendant’s Answer.

Request for Further and Better Particulars – A form of pleading, requesting more information concerning a written claim or Answer e.g. asking when alleged events occurred, who was present, what was said, whether there was any related documentation etc.

Security for Costs – Court order for a Plaintiff to give the defendant security for costs by making payment into a court.

Stay – When proceedings are stayed it means that no further step may be taken, unless and until the stay is lifted.

Summons –  Summonses are used for matters such as liquidated debts. If the matter is more complex then an Order of Justice is required.

Tabling – A procedural step by which the plaintiff tells the court that an action (which has been served) is proceeding.

Notification

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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