Page 1171 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

(4) An acknowledgment of service must be filed within 14 days after service of
the claim form.
(5) The claim form must be served in one of the following ways —
(a) on the property against which the claim is brought by fixing a copy of the
claim form —
(i) on the outside of the property in a position which may reasonably be
expected to be seen; or
(ii) where the property is freight, either on the cargo in respect of which
the freight was earned; or on the ship on which the cargo was carried;
(b) if the property to be served is in the custody of a person who will not permit
access to it, by leaving a copy of the claim form with that person;
(c) where the property has been sold by the coroner, by filing the claim form at
the court;
(d) where there is a notice against arrest, on the person named in the notice as
being authorised to accept service;
(e) on any advocate authorised to accept service;
(f) in accordance with any agreement providing for service of proceedings; or
(g) in any other manner as the court may direct under rule 2.30, provided that the
property against which the claim is brought or part of it is within the
jurisdiction of the court.
(6) The claim form must be served within 12 months after the date of issue.
(7) If a claim form has been issued (whether served or not), any person who
wishes to defend the claim may file an acknowledgment of service.

13.38 Special provisions relating to collision claims (61.4)
(1) This rule applies to collision claims.
(2) A claim form need not contain or be followed by particulars of claim, and
rule 4.6 does not apply.
(3) An acknowledgment of service must be filed.
(4) A party who wishes to dispute the court’s jurisdiction must make an
application under rule 4.16 within 2 months after filing his acknowledgment of service.
(5) Every party must —
(a) within 2 months after the defendant files the acknowledgment of service; or

(b) where the defendant applies under rule 4.16, within 2 months after the
defendant files the further acknowledgment of service,
file a completed collision statement of case.
(6) A collision statement of case must be verified by a statement of truth.
(7) A claim form in a collision claim may not be served out of the jurisdiction
unless —
(a) the case falls within paragraph 19(a), (b) or (c) of Schedule 1 to the High
Court Act 1991; or
(b) the defendant has submitted to or agreed to submit to the jurisdiction;
and the court gives permission in accordance with Chapter 9 of Part 2.
(8) Where permission to serve a claim form out of the jurisdiction is given, the
court shall specify the period within which the defendant may file an acknowledgment of
service and, where appropriate, a collision statement of case.

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