Page 1187 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

(7) Where the case is adjourned, the application may (subject to any direction
under paragraph (6)(a)) be heard and determined by the judge who originally dealt with the
case or by another judge.

13.65 Making and setting aside of disqualification order
(1) The court may make a disqualification order against the defendant whether or
not he appears, and whether or not he has completed and returned the acknowledgement of
service of the claim form, or filed evidence in accordance with rule 13.63.

(2) Any disqualification order made in the absence of the defendant may be set
aside or varied by the court on such terms as it thinks just.
(3) Unless the court in exceptional circumstances otherwise orders, an
application for the setting aside or variation of a disqualification order made in the absence of
the defendant must be made not later than 42 days after the making of the order.
13.66 Summary disposal by consent
(1) This rule applies where the parties decide to invite the court to deal with a
disqualification application summarily, and rules 13.60 to 13.65 have effect subject to this
rule.
(2) The claimant must notify the court in writing of the parties' decision when or
as soon as possible after filing the claim form or application notice.
(3) The claimant must file a written statement —
(a) containing, except where the court otherwise directs, any material facts
which, for the purposes of the application, are either agreed or not opposed
(by either party); and

(b) specifying —
(i) the period of disqualification which the parties accept that the agreed
or unopposed facts justify, or
(ii) the band of years (for example, 6 to 10 years) into which they will
submit the case falls.
(4) Unless the court otherwise orders, the hearing of the application shall be in
private, but any disqualification order shall be made in public.
(5) Unless the court otherwise orders, the written statement referred to in
paragraph (3) shall be annexed to the disqualification order.
(6) If the court refuses to deal with the application summarily, it shall give
directions in accordance with rule 13.64(6) as if the case had been adjourned under rule
13.64(5).

CHAPTER 8: INTELLECTUAL PROPERTY CLAIMS

13.67 Scope of this Chapter and interpretation (63.1)
(1) This Part applies to all intellectual property claims including those relating to
—
(a) registered intellectual property rights such as —
(i) patents;
(ii) registered designs;
(iii) registered trade marks;
(iv) Community trade marks; and
(v) supplementary protection certificates;
(b) unregistered intellectual property rights such as —

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