Monthly Archives: February 2018
Jersey’s judicial system is composed of various persons with diverse roles who are there to administer justice, help or represent individuals, or to assist in the general functioning of the system. Here we consider the main players in the civil justice system, where generally, consumers interact with the judiciary system in Jersey.
The civic head of the Bailiwick of Jersey is the Bailiff, currently Sir William Bailhache, who serves as both head of the Island’s judiciary (the Island’s court and justice system) and also as President of the States Assembly (the legislative assembly; although he typically has a non-voting role in the Assembly more akin to the role of a Parliament Speaker, this is the area of the role currently under review).
There is a Deputy Bailiff who assists the Bailiff in his various functions, and Commissioners who are additional judges who sit in our Royal Court (and are sometimes themselves former Bailiffs).
Judges (Bailiff, Deputy Bailiff or Commissioners) will often sit alongside Jurats. Jurats are lay members of the Court elected by the Members of the States Assembly and the Island’s lawyers, and who act as judges of fact. Their role is to evaluate the truth of a matter from the evidence put before them, and to determine the sentence in criminal matters.
Attorney General & Solicitor General
Jersey has both an Attorney General and a Solicitor General. They act essentially as lawyers for the State, representing the Island in international affairs, bringing public prosecutions of alleged criminals, and advising the Island’s government on anything including property matters, employment matters and anything else which such advice may be required for.
The Court system is administered by the Judicial Greffier as head of the Judicial Greffe. This is the arm of the Court system which deals with the filing of papers for court cases, the issuing of Acts of Court, the maintenance of the Island’s Public Registry, and dealing with matters of probate and wills. The Judicial Greffier also undertakes a judicial role in the form of the Master of the Royal Court, who will issue procedural orders and hear various preliminary matters in cases before they reach the full sitting of the Royal Court.
Finally, the Viscount’s Department is the executive arm of the Royal Court, it will serve Court documents on individuals or companies in the Island, effect wage arrests on those made the subject of such orders, and otherwise carry out Court enforcement duties. The Viscount also fulfils the role of the Island’s coroner, and administers bankruptcies.
Franchising, broadly speaking, is a means of running a commercial operation using some or all aspects of another business, including its name, brand and products.
How franchises work
Companies use franchising to widen the reach of their brands, usually into geographical areas that they don’t wish to trade themselves. As the franchisee pays all of the capital costs of setting up the shop and is responsible for the lease and employing the staff, it’s also a very effective and low-cost way for brands to widen their consumer offer at minimal cost to themselves.
The company who grants the licence is called a franchisor. The person who gets the licence to run a business is called the franchisee. The agreement means that the franchisee gets all the elements of the successful franchised business necessary to succeed. This includes everything from branding, products, supplies, designs and even marketing and advertising support.
The support runs for the length of the franchise agreement, which is included in the initial agreement.
The franchisee agrees to pay the franchisor for this privilege. This is usually in one of either two forms. As well as assuming all the set up the costs, the franchisee also pays, either a weekly commission to the franchisor on its sales or alternatively the cost of goods supplied are marked up to provide a higher profit margin for the franchisor (a cost-plus model). The agreements also contain very strict guidelines relating to the operation of the brand which must be adhered to. Failure to achieve brand standards (usually monitored by regular mystery shopper visits), can mean that the franchise is withdrawn.
Pros and cons – a general outline
The most attractive aspect of franchising is that the risk is limited. The business is not a new one but a tried and tested venture that has succeeded elsewhere. This means you do not have to spend a lot of time telling people what the business does because they already know.
The downside is that the franchisor will want to protect his brand and therefore places very strict guidelines on how the brand must to be operated to ensure it conforms to their brand standards. Obviously, franchisors carry out a very detailed vetting process on any potential new franchise partner. It is also a relatively expensive way of starting in business because you are buying into a proven concept.
If you fancy being your own boss and taking a lot of decisions about how to manage things, you might find you have less freedom than you anticipate because the legal agreement spells out what you can and can’t do.
For the relative safety and protection of a trusted brand, there are certain sacrifices that you have to make.
Franchising is now a flourishing industry boasts nearly 1,000 brands in a multitude of different sectors. Nowadays it is an eclectic mix of businesses encompassing everything from hairdressing to photography, pet care to children’s sports coaching.
In Jersey, we have several franchises in operation offering us well known UK high street brands; the model of franchising gives Jersey business & consumers the opportunity to access brands and products which may not otherwise be available in Jersey.