Page 1124 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

(c) judgment is entered or given or an order is made for the delivery up of goods,
with the option of paying the value of the goods or the agreed value, and the
amount or value is determined or agreed;
the court shall (subject to rule 10.55) on the application of the judgment creditor grant
execution for the amount or value, including costs and interest (if any).
(2) Where judgment is entered or given or an order is made —
(a) for the delivery up of goods, without the option of paying the value of the
goods or the agreed value, or
(b) for the recovery or possession of land;
the court shall on the application of the judgment creditor grant execution in respect of the
goods or land.
(3) An application under paragraph (1) or (2) may be made —
(a) by filing a request, or
(b) where the judgment or determination is given in the course or at the
conclusion of a trial or hearing, orally at the trial or hearing.

(4) An application under paragraph (1) or (2) may be made without notice.
12.10 Enforcing judgment between a firm and its members (RHC 36.9)
(1) Execution to enforce a judgment or order given or made in —
(a) proceedings by or against a firm, in the name of the firm against or by a
member of the firm; or
(b) proceedings by a firm in the name of the firm against a firm in the name of
the firm where those firms have one or more members in common,
shall not issue without the permission of the court.
(2) On an application for permission the court may give such directions,
including directions as to the taking of accounts and the making of inquiries, as may be just.
12.11 Enforcing judgment for contribution (RHC 10.7(2))
Where judgment is given for the payment of any contribution or indemnity to a
person who is under a liability to make a payment in respect of the same debt or damage,
execution shall not issue on the judgment without the permission of the court until that
liability has been discharged.

12.12 Enforcing judgment for possession of land (RHC 8.5, RSC 45.11)
(1) In a claim for possession of land, where there is more than one defendant,
execution shall not issue on a judgment or order for possession unless and until a judgment or
order for possession has been obtained against all the defendants.
(2) Where a judgment or order for possession of land has been obtained, the
defendant may apply to the court for a stay of execution of the judgment or order or other
relief, on the ground of matters which have occurred since the date of the judgment or order.
(3) On an application under paragraph (2) the court may by order stay the
execution or grant such other relief, on such terms, as it thinks just.

12.13 Execution against land
(1) This rule applies to an application by a coroner for permission to enter
premises forcibly under paragraph 2 of Schedule 2 to the 1981 Act.
(2) The application notice must —
(a) give particulars of —

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