Proposed Repeal of the Loi (1939) sur les Honoraires des Avocats et Ecrivains.

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A decision made (12/09/2007) regarding: Proposed Repeal of the Loi (1939) sur les honoraires des Avocats et Ecrivains.

Decision Reference: MD-C-2007-0053
Decision Summary Title :	L:\M O G R\Chief Minister\Ministerial decisions\Conveyancing fees 2007.08.30.doc		Date of Decision Summary:	10th September, 2007
Decision Summary Author:	M. Cavey Research and Project Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-
Written Report Title :	Proposed Repeal of the Loi (1939) sur les honoraires des Avocats et Écrivains		Date of Written Report:	30th August 2007
Written Report Author:			Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The proposed Repeal of the Loi (1939) sur les honoraires des Avocats et Écrivains
Decision(s): The Chief Minister, acting on behalf of the Legislation Advisory Panel, agreed to lodge the draft Projet de Loi to repeal the Loi (1939) sur les honoraires des Avocats et Écrivains
Reason(s) for Decision: The Loi (1939) sur les honoraires des Avocats et Écrivains is a short law comprising three articles., the purpose of which is now redundant. Article 1 of the 1939 Law empowered the Superior Number of the Royal Court to fix a tariff of fees that advocates and solicitors of the Royal Court were entitled to charge for their professional services. With the enactment of the Competition (Jersey) Law 2005, the basis for retaining that scale fell away and, on 23rd March 2006, the tariff of fees that had been fixed by the Royal Court in 1954 was revoked in its entirety by the Full Court. It would probably now be difficult, perhaps impossible, for the Court to fix a binding tariff of fees that did not amount to an anti-competitive measure in breach of the Competition Law. The draft Law would therefore repeal Article 1 as being redundant. Article 2 of the Law of 1939 requires all actions for the recovery of fees of advocates and solicitors for their professional services, irrespective of the amount claimed, to be brought in the Royal Court. No purpose is served by requiring actions otherwise within the jurisdiction of the Petty Debts Court to be instituted in the Royal Court. Whether a lawyer sues for fees in the Royal Court or the Petty Debts Court, just as any other claim, should be determined by whether or not the level of the fees falls within the jurisdiction of the Petty Debts Court. The draft Law would therefore repeal Article 2 altogether. Article 3 of the Law of 1939 was merely the Article of citation, and that Article would of course also fall away with the repeal of the Law as a whole.
Resource Implications: None
Action required: Request the Greffier of the States to lodge the draft Act ‘au Greffe’ for consideration by the States as soon as possible.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):