Page 1081 - IOM Law Society Rules Book

PART 10: JUDGMENTS AND ORDERS

10.35 Cases where court may set aside or vary default judgment (13.3, 13.4)
(1) In any other case, the court may set aside or vary a judgment entered under
this Chapter if —
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why —
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(2) In considering whether to set aside or vary a judgment entered under this
Chapter, the matters to which the court must have regard include whether the person seeking
to set aside the judgment made an application to do so promptly.

(3) An application under this rule must be supported by evidence.

10.36 Abandoned claim restored where default judgment set aside (13.6)
Where —
(a) the claimant claimed a remedy in addition to one specified in rule 10.25(1);
(b) the claimant abandoned his claim for that remedy in order to obtain default
judgment on request in accordance with rule 10.25(4); and
(c) that default judgment is set aside under rule 10.34 or 10.35,
the abandoned claim is restored when the default judgment is set aside.

CHAPTER 3: SMALL CLAIMS

10.37 Small claims — entry of award (RHC 26A.6)
(1) Where the award of the judicial officer on a reference under rule 5.7 is filed,
the award shall forthwith be entered as a judgment of the court.
(2) The judgment shall be stayed where —
(a) the court office is notified by the judicial officer that the award has been set
aside, or

(b) application is made to set aside the award under section 16(4) of the High
Court Act 1991.

CHAPTER 4: JUDGMENT WITHOUT TRIAL AFTER STRIKING OUT

10.38 Judgment without trial after striking out (3.5)
(1) This rule applies where —
(a) the court makes an order which includes a term that the statement of case, or
part of the statement of case, of a party shall be struck out if the party does
not comply with the order; and
(b) the party against whom the order was made does not comply with it.
(2) A party may obtain judgment with costs by filing a request for judgment if —
(a) the order referred to in paragraph (1)(a) relates to the whole of a statement of
case; and
(b) where the party wishing to obtain judgment is the claimant, the claim is for
—
(i) a specified amount of money;
(ii) an amount of money to be decided by the court;
(iii) delivery of goods where the claim form gives the defendant the
alternative of paying their value; or

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