Page 1012 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

(ii) has contributed or agreed to contribute to the claimant’s costs in
return for a share of any money or property which the claimant may
recover in the proceedings; or
(iii) where the claimant is a company or other corporation, is a person in
accordance with whose directions or instructions the directors or
other persons holding a senior position in the company or corporation
are accustomed to act; and
(c) that person is a person against whom a costs order may be made.

7.30 Security for costs of appeal (25.15)
(1) The court may order security for costs of an appeal against —
(a) an appellant;
(b) a respondent who also appeals,
on the same grounds as it may order security for costs against a claimant under this Chapter.

(2) The court may also make an order under paragraph (1) where the appellant,
or the respondent who also appeals, is a limited company and there is reason to believe it will
be unable to pay the costs of the other parties to the appeal should its appeal be unsuccessful.

CHAPTER 5: DISCLOSURE AND INSPECTION OF DOCUMENTS
7.31 Application and interpretation (31.1, 31.4)

(1) This Chapter applies to all claims except a claim allocated to the small claims
procedure.
(2) In this Chapter —
‘disclosure statement’ means a statement under rule 7.39(5).
‘document’ means anything in which information of any description is recorded; and
‘copy’, in relation to a document, means anything onto which information recorded in
the document has been copied, by whatever means and whether directly or indirectly.

7.32 Meaning of disclosure (31.2)
A party discloses a document by stating that the document exists or has existed.

7.33 Right of inspection of a disclosed document (31.3)
(1) A party to whom a document has been disclosed has a right to inspect that
document except where —
(a) the document is no longer in the control of the party who disclosed it;

(b) the party disclosing the document has a right or a duty to withhold inspection
of it; or
(c) paragraph (2) applies.
(2) Where a party considers that it would be disproportionate to the issues in the
case to permit inspection of documents within a category or class of document disclosed
under rule 7.35(b) —
(a) he is not required to permit inspection of documents within that category or
class; but
(b) he must state in his disclosure statement that inspection of those documents
will not be permitted on the grounds that to do so would be disproportionate.

Page 7-12