Civil litigation in the Royal Court of Jersey
The Royal Court of Jersey has its own procedural rules (the Royal Court Rules or RCR) that are generally based on the former Rules of the Supreme Court of England and Wales but that have certain procedural rules that are specific to Jersey. The Royal Court is the principal court in Jersey and is divided into four distinct divisions: the Samedi Division (which deals with most civil litigation cases); the Probate Division (which deals with probate); the Héritage Division (which deals with cases concerning immovable property); and the Family Division (which deals with family matters).
The Samedi division is the general division of the Royal Court and deals with matters that do not fall within the jurisdiction of the other three divisions. The name of the Samedi Division reflects the historic roots of Jersey law in Norman French customary law.
Trials of civil litigation claims are heard by a judge sitting with two jurats. Judges in Jersey comprise the bailiff, the deputy bailiff and a number of commissioners who are senior lawyers from Jersey or Queens Counsel from England and Wales…
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What is the role of the Royal Court of Jersey in trustee applications for directions regarding disclosure of trust information?
A recent application has raised the issue of the function of the court, namely whether the court was exercising its own discretion in supervising, and intervening, in the administration of a trust.
Royal Court clarifies limits of customary law exception in respect of time-barred breach-of-trust claims brought by incoming trustee
Where a newly incorporated PTC recently appointed as successor trustee seeks to bring claims for breach of trust against predecessors, it will not be able to benefit from empêchement d’agir.