Page 1024 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

(ii) the name of the bank and the sort code number, the title of the
account and the account number where the payment is to be
transmitted;
(b) where the party is acting in person—

(i) his name and address; and
(ii) either his bank account details as in (a)(ii) above, or a request that the
payment be made by cheque.
(5) Where a party seeking payment out of court is legally represented, payment
must be made to his advocate.
(6) An application for the payment out of any money paid into court under
section 62 of the Trustee Act 1961 may be made without notice, but the court may direct
notice to be served on any person.

7.72 Other applications relating to money paid into court (PD37.2)
An application relating to money paid into court, other than an application for the
payment out of the money (for example, an application for money to be invested, or for
payment of interest to any person), may be made without notice, but the court may direct
notice to be served on any person.

CHAPTER 8: DISCONTINUANCE
7.73 Scope of this Part (38.1)

(1) The rules in this Chapter set out the procedure by which a claimant may
discontinue all or part of a claim.
(2) A claimant who —
(a) claims more than one remedy; and
(b) subsequently abandons his claim to one or more of the remedies but
continues with his claim for the other remedies,
is not treated as discontinuing all or part of a claim for the purposes of this Chapter.

7.74 Right to discontinue claim (38.2)
(1) A claimant may discontinue all or part of a claim at any time.
(2) However —
(a) a claimant must obtain the permission of the court if he wishes to discontinue
all or part of a claim in relation to which —
(i) the court has granted an interim injunction ; or
(ii) any party has given an undertaking to the court;
(b) where the claimant has received an interim payment in relation to a claim
(whether voluntarily or pursuant to an order under Chapter 6 of Part 10
(summary judgment)), he may discontinue that claim only if —
(i) the defendant who made the interim payment consents in writing; or
(ii) the court gives permission;
(c) where there is more than one claimant, a claimant may not discontinue unless
—
(i) every other claimant consents in writing; or
(ii) the court gives permission.
(3) Where there is more than one defendant, the claimant may discontinue all or
part of a claim against all or any of the defendants.

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