Page 1033 - IOM Law Society Rules Book

PART 7: CASE MANAGEMENT

SCHEDULE 7.2 — INTERIM ORDERS (PD25)
Rule 7.26(1)
1. Making an application

(1) Where the application notice is to be served, it must be served, with the
evidence in support, as soon as practicable after issue and in any event not less than 3 days
before the court is due to hear the application.
(2) Where the court is to serve, sufficient copies of the application notice and
evidence in support for the court and for each respondent must be filed for issue and service.
(3) Whenever possible a draft of the order sought must be filed with the
application notice. The draft should also be available to the court in electronic form in MS
Word format.
2. Injunctions

(1) In the case of an application for an interim injunction, the application notice
must state —
(a) the order sought, and

(b) the date, time and place of the hearing.
(2) Except as provided by sub-paragraphs (3) and (4), an interim injunction may
be granted, varied or discharged only by —
(a) a Deemster, or
(b) a judicial officer authorised for the purpose by the First Deemster.
(3) Any judicial officer may grant injunctions —

(a) by consent,
(b) in connection with charging orders and appointments of receivers, or
(c) in aid of execution of judgments.
(4) Any judicial officer may, with the consent of all the parties, vary or discharge
an injunction granted by a Deemster.
3. Evidence

(1) Applications for search orders and freezing injunctions must be supported by
affidavit evidence.
(2) Applications for other interim injunctions must be supported by evidence set
out in either —
(a) a witness statement, or
(b) a statement of case verified by a statement of truth, or
(c) the application notice, provided that it is verified by a statement of truth,
unless a rule or other statutory provision, or the court, requires evidence by affidavit.
(3) The evidence must set out the facts on which the applicant relies for the claim
being made against the respondent, including all material facts of which the court should be
made aware.
(4) Where an application is made without notice to the respondent, the evidence
must also set out why notice was not given.
4. Urgent application without notice
(1) Where a claim form has already been issued, an application in an urgent case
may be made without notice as follows —

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