With reference to two high-profile cases – the Esteem Settlement, and the Jersey Financial Services Commission versus A P Black – the editors describe Jersey’s law on prescriptive periods – the length of time before a case runs out of time – as ‘a diverse hotchpotch of case law and statute’, ranging from 40 days to 40 years.
n the case of A P Black, for example, the Court of Appeal reversed a decision by the Island’s Bailiff, Sir Philip Bailhache, that the JFSC had run out of time to bring proceedings which could enable investors to recover around £30 million.
That case is ongoing and is set to continue next week in the Royal Court.
n the Esteem case, the Deputy Bailiff, faced with two options – 30 years or ten years – favoured the shorter period and concluded: ‘The whole thrust of litigation nowadays is that litigants should get on with matters.
The editors of the Jersey Law Review are calling for all prescriptive periods to be rolled into one statute.
‘Not only would we all know where to look for the applicable period, but issues of classification of such things as causes of action could also be tackled.
In addition, it would also give the legislature a much-needed opportunity to bring prescription periods into line with modern practice in litigation, which as the Deputy Bailiff noted places emphasis on speedy resolution.
The second area of concern raised in the Jersey Law Review concerns procedure in the exchange of witness statements.
he editors say that in England there have been procedural rules since 1986 which describe the requirements and the form that witness statements should take.
In the Channel Islands there are no comparable rules – which could be of practical benefit to litigants and to the court process as a whole – even though the Royal Court has the power to make such a direction.
eferring again to the A P Black case and others, the editors observe that although the Jersey courts have shown ‘a measure of ingenuity’ in sifting through court rules, they would like to see the current position reviewed.
hey conclude: ‘Given the experience in England and the trend of recent Jersey authority, an express rule dealing with the issue of witness statements would appear long overdue and, further, would achieve a uniform approach.
