Page 1185 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

(c) except in the case of an application by the Financial Supervision
Commission, the status of the claimant (for example, the liquidator or a
present creditor of a company of which the defendant is or was an officer);
(d) the maximum period and (where appropriate) minimum period for which the
court may make a disqualification order, that is —
(i) where the application is for an order under section 4 or 5 of that Act, a period
of not less than 2, and not more than 15, years; and
(ii) where the application is for an order under section 9 of that Act, a period of
not more than 15 years;
(e) that the application for a disqualification order may, in accordance with this
Chapter, be heard and determined summarily, without further or other notice
to the defendant, and that, if it is so heard and determined, the court may
impose disqualification for a period of up to 5 years;
(f) that if at the hearing of the application the court, on the evidence then before
it, is minded to impose, in the defendant's case, disqualification for any
period longer than 5 years, it will not make a disqualification order on that
occasion but will adjourn the application to be heard (with further evidence,
if any) at a later date to be notified; and
(g) that any evidence which the defendant wishes to be taken into consideration
by the court must be filed in court in accordance with the time limits imposed
under rule 13.63 (the provisions of which shall be set out on the claim form
or application notice).
13.61 Case against defendant
(1) The claimant must, when the claim form is issued or the application notice is
served, file evidence in support of the application for a disqualification order; and copies of
the evidence must be served with the claim form or application notice on the defendant.
(2) The evidence must be by one or more affidavits, except where the claimant
is the official receiver, in which case it may be in the form of a written report (with or without
affidavits by other persons) which shall be treated as if it had been verified by affidavit by
him and shall be prima facie evidence of any matter contained in it.

13.62 Response to application
(1) Where the application is made by a claim form, the acknowledgement of
service must include the statement referred to in paragraph (3), and rule 4.11(1)(c) does not
apply.
(2) Where the application is made by an application notice, the notice must
include the statement referred to in paragraph (3).
(3) The statement is that the defendant should indicate —
(a) whether he contests the application on the grounds, that in case of any
particular company—
(i) he was not an officer of the company at a time when conduct of his,
or of other persons, in relation to that company is in question, or
(ii) his conduct as officer of that company was not as alleged in the
evidence filed in support of the application,
(b) whether, in the case of any conduct of his, he disputes the allegation that such
conduct makes him unfit to be concerned in the management of a company,
and
(c) whether he, while not resisting the application, intends to adduce mitigating
factors with a view to justifying only a short period of disqualification.

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