Page 1003 - IOM Law Society Rules Book

PART 7: CASE MANAGEMENT

(c) before the claimant pays those costs, he starts another claim against the same
defendant, arising out of facts which are the same or substantially the same as
those relating to the claim in which the statement of case was struck out;
the court may, on the application of the defendant, stay that other claim until the costs of the
first claim have been paid.
(5) Paragraph (2) does not limit any other power of the court to strike out a
statement of case.
(6) If the court strikes out a claimant’s statement of case and it considers that the
claim is totally without merit —
(a) the court’s order shall record that fact; and
(b) the court shall at the same time consider whether it is appropriate to make a
civil restraint order.

CHAPTER 2: APPLICATIONS FOR COURT ORDERS

7.4 Scope and interpretation (23.1)
(1) This Chapter applies to an application which is made —
(a) where a claim has already been started; or
(b) where no claim has been started, if it is permitted by a rule to be made by an
application notice.
(2) In this Chapter ‘respondent’ means —
(a) the person against whom the order is sought; and
(b) such other person as the court may direct.

7.5 Application notice to be filed (23.3)
(1) Subject to paragraph (2), an application is made by filing an application
notice.

(2) An applicant may make an application without filing an application notice if
—
(a) this is permitted by a rule; or
(b) the court dispenses with the requirement for an application notice.
(3) Any statutory requirement that an application in proceedings be made by
petition or motion shall be construed as a requirement that it be made in accordance with
paragraph (1) or (2).

7.6 Notice of application (23.4)
(1) Subject to paragraph (2), a copy of the application notice must be served on
each respondent.
(2) An application may be made without serving a copy of the application notice
only —
(a) where there is exceptional urgency,
(b) where the overriding objective is best furthered by doing so,
(c) with the consent of all parties,
(d) where a date for a hearing has been fixed and a party wishes to make an
application at that hearing but does not have sufficient time to serve an
application notice,
(e) where this is permitted by another rule, or
(f) where the court so directs.

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