Page 1071 - IOM Law Society Rules Book

PART 10: JUDGMENTS AND ORDERS

PART 10 : JUDGMENTS AND ORDERS

CHAPTER 1: JUDGMENTS AND ORDERS — GENERAL

10.1 Scope of this Chapter (40.1)
This Chapter sets out rules about judgments and orders which apply except where
another rule makes different provision in relation to the judgment or order in question.

10.2 Standard requirements (40.2)
(1) Every judgment or order must state the name and judicial title of the person
who made it, unless it is —
(a) a default judgment entered under rule 10.25(1) or a default costs certificate
obtained under rule 11.30;
(b) judgment entered under Chapter 5 (judgment on admission);
(c) a consent order under rule 10.7(2) (consent orders made by court officers);
(d) an order made by a court officer under rule 12.4 (orders to enforce awards as
if payable under a court order); or
(e) an order made by a court officer under rule 12.52 (orders to obtain
information from judgment debtors).
(2) Every judgment or order must —
(a) bear the date on which it is given or made; and
(b) be sealed by the court or signed by the person who made it.

10.3 Judgment where claim for unspecified amount is limited
Where a claim for an unspecified amount of money is expressed to be limited to a
specified amount (‘the maximum claimed’) —
(a) judgment may not be entered for an amount (excluding interest) which
exceeds the maximum claimed; and

(b) where judgment is entered for an amount to be decided by the court, the
amount decided (excluding interest) may not exceed the maximum claimed.

10.4 Drawing up and filing of judgments and orders (40.3)
(1) A judgment or order shall be drawn up by the court in the following cases —
(a) where a rule requires, or the court orders, it to be drawn up by the court;
(b) where an award of a judicial officer is entered under rule 10.37;
(c) where the order is made on the court’s own initiative.
(2) A consent judgment or order under rule 10.7 shall be drawn up by the parties
in accordance with the terms of their agreement.
(3) Where the court orders a judgment or order to be drawn up by a specified
party, it shall be drawn up by that party.
(4) In any other case a judgment or order shall be drawn up by the party at whose
request or on whose application it is entered or made.
(5) The court may direct that —
(a) a judgment or an order drawn up by a party must be checked by the court
before it is sealed or signed; or
(b) before a judgment or an order is drawn up by the court, the parties must file
an agreed statement of its terms.
(6) Where a judgment or order is to be drawn up by a party —

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