Page 1076 - IOM Law Society Rules Book
P. 1076
RULES OF THE HIGH COURT OF JUSTICE
variation or discharge under rule 7.22(2) and for interest on an overpayment under rule
7.22(5).
(4) In this rule ‘judgment’ has the same meaning as in rule 10.18.
10.20 Preparation of deeds or documents (PD40B.2)
(1) Where a judgment or order directs any deed or document to be prepared,
executed or signed, the order shall state —
(a) the person who is to prepare the deed or document, and
(b) if the deed or document is to be approved, the person who is to approve it.
(2) If the parties are unable to agree the form of the deed or document, any party
may apply for the form of the deed or document to be settled.
(3) In such case the judge may —
(a) settle the deed or document himself, or
(b) refer it to an advocate to settle.
10.21 Declaratory judgments (40.20)
The court may make binding declarations whether or not any other remedy is
claimed.
CHAPTER 2: DEFAULT JUDGMENT
10.22 Meaning of ‘default judgment’ (12.1)
In these Rules ‘default judgment’ means judgment without trial where a defendant —
(a) has failed to file an acknowledgment of service; or
(b) has failed to file a defence.
10.23 Claims in which default judgment may not be obtained (12.2, 57.10)
A claimant may not obtain a default judgment —
(a) where the claim is allocated to the chancery procedure; or
(b) in a probate claim (within the meaning of Chapter 4 of Part 13).
10.24 Conditions to be satisfied (12.3)
(1) The claimant may obtain judgment in default of an acknowledgment of
service only if —
(a) the defendant has not filed an acknowledgment of service or a defence to the
claim (or any part of the claim); and
(b) the relevant time for doing so has expired.
(2) The claimant may obtain judgment in default of defence only if —
(a) an acknowledgement of service has been filed but a defence has not been
filed;
(b) in a counterclaim made under rule 6.48, a defence has not been filed,
and, in either case, the relevant time limit for doing so has expired.
(3) The claimant may not obtain a default judgment —
(a) where the defendant has applied —
(i) to have the claimant’s statement of case struck out under rule 7.3; or
(ii) for summary judgment under Chapter 6,
and, in either case, that application has not been disposed of;
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