Page 1142 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

CHAPTER 9: COMMITTAL FOR CONTEMPT OF COURT

12.61 Committal for contempt of court (RSC 52.1)
(1) The power of the court to punish for contempt of court may be exercised by
an order of committal.
(2) Where contempt of court —
(a) is committed in connection with —
(i) any proceedings before the court; or
(ii) proceedings in a Court of General Gaol Delivery, except where the
contempt is committed in the face of the court or consists of
disobedience to an order of the court or a breach of an undertaking to
the court; or
(iii) proceedings in an inferior court; or
(b) is committed otherwise than in connection with any proceedings,
an order of committal may be made only by a Deemster.

12.62 Application for committal order (RSC 52.3)
(1) An application for a committal order must be made —
(a) by an application notice, in existing proceedings;
(b) by a claim form, in any other case.
(2) The application must be accompanied by an affidavit in support setting out
—
(a) the name and description of the applicant,
(b) the name, description and address of the person sought to be committed, and
(c) the grounds on which his committal is sought,.
(3) There must be at least 14 clear days between the service of the notice or
claim form and the hearing date.
(4) Unless the court otherwise directs, a copy of the notice or claim form,
accompanied by a copy of the affidavit in support of the application, must be served
personally on the person sought to be committed.

12.63 Hearing of application (RSC 52.6)
(1) Subject to paragraph (2), the court hearing an application for an order of
committal may sit in private in the following cases —
(a) where the application arises out of proceedings relating to the wardship or
adoption of an minor, or wholly or mainly to —
(i) the guardianship, maintenance or upbringing of a minor,
(ii) the arrangements to be made as to the person with whom a minor is
to live, or
(iii) rights of contact with a minor;
(b) where the application arises out of proceedings relating to a person suffering
or appearing to be suffering from mental disorder within the meaning of the
Mental Health Act 1998;
(c) where the application arises out of proceedings in which a secret process,
discovery or invention was in issue;

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