Page 1007 - IOM Law Society Rules Book

PART 7: CASE MANAGEMENT

(m) an order permitting a party seeking to recover personal property to pay
money into court pending the outcome of the proceedings and directing that,
if he does so, the property shall be given up to him;

(n) an order directing a party to prepare and file accounts relating to the dispute;
(o) an order directing any account to be taken or inquiry to be made by the court;
(p) an order for the restoration of the status quo;

(q) an order that a trespass jury be summoned and sworn;
(r) an order for the arrest of a person or assets under section 1 or 3 of the Action
of Arrest Act 1953;
(s) an order for the arrest of goods under section 7 of the Recovery of Rent 1954.
(2) In paragraph (1)(c) and (g), ‘relevant property’ means property (including
land) which is the subject of a claim or as to which any question may arise on a claim.
(3) The fact that a particular kind of interim remedy is not listed in paragraph (1)
does not affect any power that the court may have to grant that remedy.
(4) The court may grant an interim remedy whether or not there has been a claim
for a final remedy of that kind.
(5) An application for an interim remedy, except —
(a) an order under section 33A of the High Court Act 1991 (preservation of
evidence etc.),
(b) an order under section 34(1) of the High Court Act 1991 (inspection etc. of
property before start of claim),
(c) an order for the arrest of goods under section 7 of the Recovery of Rent Act
1954, or
(d) a property freezing order or interim receiving order under section 6 or 13 of
the Proceeds of Crime Act 2008,
may not be made before a claim form is filed unless a judge gives permission.
(6) A judge shall not give permission under paragraph (5) unless he is satisfied
that the matter is urgent; and such permission shall be granted subject to such conditions as
the judge thinks fit
(7) On an application for an order for the restoration of the status quo, the court
may refuse the order if it is not satisfied that the applicant has a real prospect of succeeding on
the claim or issue.

7.17 Time when order for interim remedy may be made (25.2)

(1) An order for an interim remedy may be made at any time, including —
(a) before proceedings are started; and
(b) after judgment has been given.
(2) However —
(a) paragraph (1) is subject to any rule or other statutory provision which
provides otherwise;

(b) the court may grant an interim remedy before a claim has been made only if
—
(i) the matter is urgent; or
(ii) it is otherwise desirable to do so in the interests of justice;

Page 7-7