Page 1186 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

13.63 Evidence
(1) The affidavits or official receiver’s report in support of the application must
include —
(a) a statement of the matters by reference to which it is alleged that a
disqualification order should be made against the defendant; and
(b) a statement of the steps taken to comply with any requirements imposed by
section 3(2) of the 2009 Act.
(2) The defendant must, within 28 days from the date of service of the claim
form or application notice file any affidavit evidence in opposition to the application that he
wishes the court to take into consideration, and must forthwith serve upon the claimant a copy
of such evidence.
(3) The claimant must, within 14 days from receiving the copy of the
defendant's evidence, file any further evidence in reply that he wishes the court to take into
consideration, and must forthwith serve a copy of that evidence upon the defendant.
(4) Rules 8.21(2) and 8.22 do not apply.

13.64 Hearing of application
(1) When the claim form is issued or application notice filed, the court shall fix a
date for the first hearing of the application, which shall not be less than 8 weeks from the date
of issue of the claim form or filing of the application notice.

(2) The hearing shall in the first instance be before a judge in open court.
(3) The judge shall either determine the case on the date fixed or adjourn it.
(4) Where the case is not adjourned —
(a) the application may be heard and determined summarily, without further or
other notice to the defendant; and
(b) if it is so heard and determined, the court may impose disqualification for a
period of not more than 5 years
(5) The judge shall adjourn the case for further consideration if—
(a) he forms the provisional opinion that a disqualification order ought to be
made, and that a period of disqualification longer than 5 years is appropriate,
or

(b) he is of opinion that questions of law or fact arise which are not suitable for
summary determination.
(6) If the judge adjourns the case for further consideration he shall—
(a) direct whether the case is to be heard and determined by a Deemster;
(b) state the reasons for the adjournment; and
(c) give directions as to the following matters—

(i) the manner in which and the time within which notice of the
adjournment and the reasons for it are to be given to the defendant,
(ii) the filing in court and the service of further evidence (if any) by the
parties,
(iii) the inspection and disclosure of documents;
(iv) such other matters as the judge thinks necessary or expedient with a
view to an expeditious disposal of the application, and
(v) the time and place of the adjourned hearing.

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