Page 1004 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

(3) Where paragraph (2)(d) applies, the applicant —
(a) must inform the other party and the court (if possible in writing) as soon as he
can of the nature of the application and the reason for it; and
(b) may then make the application orally at the hearing.
(4) An application for a direction under paragraph (2)(f) may be made by letter
without notice to the respondent.

7.7 Time when application is made (23.5)
Where an application must be made within a specified time, it is so made if the
application notice is received by the court within that time.

7.8 Contents of application notice (23.6, PD 23)
(1) An application notice must state —
(a) what order the applicant is seeking; and
(b) briefly, why the applicant is seeking the order.
(2) The notice must in addition be signed and include —
(a) the title of the claim,
(b) the number of the claim,

(c) the full name of the applicant,
(d) where the applicant is not already a party, his address for service, including a
postcode; and
(e) either a request for a hearing or a request that the application be dealt with
without a hearing.
(3) A draft of the order applied for must be attached to the application notice.
(4) Where an application is made in accordance with this Chapter before a claim
has been started, paragraph (2)(a) and (b) does not apply, and rule 4.1 applies with any
necessary modifications as if the application notice were a claim form.

7.9 Service of copy of application notice (23.7, PD 23)
(1) Except where another rule otherwise provides, the applicant must serve a
copy of the application notice on each respondent —
(a) as soon as practicable after it is filed; and
(b) in any event at least 3 days before the court is to deal with the application.
(2) If a copy of the application notice is to be served by the court, the applicant
must, when he files the application notice, file a copy of any written evidence in support.
(3) When a copy of an application notice is served it must be accompanied by —
(a) a copy of any written evidence in support; and
(b) a copy of any draft order which the applicant has attached to his application.
(4) If —
(a) an application notice is served; but
(b) the period of notice is shorter than the period required by these Rules,
the court may direct that, in the circumstances of the case, sufficient notice has been given
and hear the application.
(5) This rule does not require written evidence —
(a) to be filed if it has already been filed; or
(b) to be served on a party on whom it has already been served.

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