Page 1125 - IOM Law Society Rules Book

PART 12: ENFORCEMENT

(i) the land to be arrested (stating whether or not it is or includes
residential premises);
(ii) all occupiers of the land, so far as known to the judgment creditor or
the coroner;

(iii) any charges secured on the land, so far as known to the judgment
creditor or the coroner;
(iv) the amount of the judgment remaining unsatisfied (including costs
and interest, if any); and
(v) the estimated value of the land; and
(b) be served on all adult persons who were in occupation of the premises at the
date when the application is filed, not less than 7 days before the date fixed
for the hearing of the application.
(3) Any person on whom notice of the application is served under paragraph
(2)(b) may appear and be heard at the hearing of the application.

12.14 Power to stay enforcement (RSC 47.1)
(1) This rule applies to a judgment or order for the payment of money.
(2) Where the court is satisfied, on an application made by the judgment debtor
at the time of the judgment or order, or at any time afterwards, —

(a) that there are special circumstances which render it inexpedient to enforce the
judgment or order; or
(b) that the judgment debtor is unable for any reason to pay the money,
the court may by order stay the enforcement of the judgment or order either absolutely or for
such period and subject to such conditions as the court thinks fit.
(3) An application under this rule may be made even though the judgment debtor
did not —

(a) acknowledge service of the claim form,
(b) serve a defence, or
(c) take any previous part in the proceedings.
(4) The grounds on which the application is made must be set out in the
application notice and verified by a statement of truth.
(5) Where the application is made on the ground that the judgment debtor is
unable to pay, the application notice must set out —
(a) his income,
(b) the nature and value of any property of his, and
(c) the amount of any other liabilities of his.
(6) An order staying enforcement under this rule may be varied or discharged by
a subsequent order.

CHAPTER 3: APPOINTMENT OF RECEIVER

12.15 Scope of this Chapter (69.1)
(1) This Chapter contains provisions about the court's power to appoint a receiver
under any statutory provision except Part 1 of the Proceeds of Crime Act 2008.
(2) In this Chapter ‘receiver’ includes a manager.

Page 12-5