Litigation

Litigation is a specialised area of law.  Our litigation team is very experienced in all of Jersey’s Courts over a wide range of different types of dispute.  We advise and represent clients in commercial, trust and private litigation.

Claims under £10,000.00 are dealt with by the Petty Debts Court.  For more information on proceedings before the Petty Debts Court please see Debt Recovery.

Jenners offers legal advice and representation for both claimants and defendants.  We believe that going to Court should be a last resort.  We will often advise on numerous ways of attempting to resolve disputes between parties without the need for issuing legal proceedings.  Where it is not possible to resolve a dispute without recourse to the Court Jenners can provide an efficient and professional service for you. The legal profession in Jersey is split between Solicitors and Advocates and only Advocates have rights of audience before the Royal Court.  Jenners’ litigation department can appear before any Jersey Court. 

Civil trials heard by the Royal Court take place before the Bailiff, the Deputy Bailiff, or a Commissioner of the Royal Court.  The Bailiff, Deputy Bailiff or Commissioners sit as Judges of law.  The Bailiff, Deputy Bailiff or Commissioners are assisted at trial by Jurats. 

Jurats are members of the public elected to hold the position of Jurat.  They are very experienced in legal proceedings although normally do not have any legal qualifications. The Jurats are Judges of fact.  In broad terms, the evidence heard before the Court is considered by the Jurats who either accept or reject that evidence.  The Jurats are then directed on issues of law and the legal principles involved in the trial by the Bailiff, the Deputy Bailiff or Commissioners. 

Many areas of Jersey law overlap with that of English law.  This is particularly true with employment law, tort law and law of procedure.  There are large differences between Jersey law and English law in areas of contract, property and trust law.