Paragraph 5

for subsection (2) there shall be substituted the following subsection:

“(2)

No court in any Island of the Bailiwick shall entertain an action in personam to enforce a claim to which this section applies unless—

(a)

the defendant has his habitual residence or a place of business within that Island; or

(b)

the cause of action arose within inland waters of that Island or within the limits of a harbour of that Island; or

(c)

an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.

In this subsection— “inland waters” includes any part of the sea adjacent to the coast of any of the Islands of the Bailiwick certified by the Secretary of State to be waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters; “Island” includes any dependency of an island; “harbour” means—

(i)

as respects the Island of Guernsey, the harbour of Saint Peter Port or the harbour of Saint Sampson as defined in the Harbour Dues (Saint Peter Port and Saint Sampson) Law 1957;

(ii)

as respects the Island of Alderney, the area to the southward of a line drawn from the north eastern end of the submerged portion of the Alderney Breakwater to the Outer Grois Rock;

(iii)

as respects the Island of Sark, Le Creux Harbour and the area within two hundred feet of the Jetty of La Maseline Harbour.”;

in subsections (3), (6) and (8), for the words “the High Court” there shall be substituted the words “the appropriate Bailiwick court”;

in subsection (3) for the words “in any court outside England and Wales” there shall be substituted the words “in any other court whether within or without the Bailiwick”; and

subsection (7) shall be omitted.