Guide
A quick guide to prescription (limitation) in Jersey
22 November 2024
There is no overarching statute in Jersey which lays down the periods within which claims must be brought. As in other jurisdictions, different periods apply to different types of claim. For some claims the period is determined by a specific statute. For others the customary law of the Island lays down the period.
The table below sets out the basic periods for some of the most common types of claim.
In certain circumstances the period is interrupted and accordingly its overall duration lengthened. In particular, the period is, in general terms, interrupted in cases where there was a real impediment which prevented the claim being brought. This can be either a legal impediment or a practical impediment.
The law in this area can be complex. It is recommended that legal advice is sought as to the precise period which is applicable on the facts of any given case.
In 2023 the Jersey Law Commission issued a Consultation Paper in which it is proposed that several of the periods are replaced by a core period of 3 years from the date of reasonable discoverability that a cause of action exists. If these proposals are carried forward, there will be a general shortening of the Jersey period for many types of legal action. These proposals remain under consideration. No imminent change in the law is envisaged.
Type of Action
Period
Trigger
Source
Breach of trust claim by a beneficiary
3 years
The earlier of the date of delivery of final accounts of the trust or knowledge of the breach.
Broadly speaking, however, claims alleging fraud by a trustee and to recover trust property are not subject to a limitation period. There are also other nuances.
Art 57 Trusts (Jersey) Law 1984
Torts
3 years
Date cause of action accrued (normally the date when damage was suffered)
Art 2(1) Law Reform (Miscellaneous Provisions) (Jersey) Law 1967
Application to register a foreign judgment for enforcement under statutory arrangements for the enforcement of certain judgments of the superior courts of England and Wales, Scotland, Northern Ireland, Isle of Man and Guernsey
6 years
From the date of judgment
Art 4(1) Judgments (Reciprocal Enforcement) (Jersey) Law 1960
Action to enforce a judgment of the Royal Court
10 years
From the date on which the judgment became enforceable
Art 7 Law Reform (Miscellaneous Provisions) (Jersey) Law 1967
Breach of contract
10 years
Date cause of action accrued (normally the date of the breach)
Classic Herd Ltd v Jersey Milk Marketing Board [2014] JRC 127
Pauline action for the return of property alienated to defeat a creditor
10 years
Date cause of action accrued
Esteem v Grupo Torras and others 2002 JLR 53
Dishonest assistance in another's breach of fiduciary duty
3 years
Date cause of action accrued
Nolan and others v Minerva Trust Co Ltd and others [2014] JRC 078A
Contacts
To find out more, please get in touch with your usual Mourant contact, or alternatively, a full list of contacts specialising in litigation and dispute resolution can be found here.
Contact
About Mourant
Mourant is a law firm-led, professional services business with over 60 years' experience in the financial services sector. We advise on the laws of the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and Luxembourg and provide specialist entity management, governance, regulatory and consulting services.
