Page 1191 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

(2) At a hearing pursuant to an order to produce the court may order that the
detainee be released
(3) An order under this rule shall be a sufficient warrant to any governor of an
institution, constable or other person for the release of the detainee.

CHAPTER 10: MISCELLANEOUS CLAIMS

13.80 Defamation: summary disposal under Law Reform Act 1997 Part 2 (53.2)
(1) This rule provides for summary disposal in accordance with Part 2 of the Law
Reform Act 1997 (‘the Act’)
(2) In proceedings for summary disposal under sections 14 and 15 of the Act,
rules 10.48 (procedure), 10.49 (evidence) and 10.50 (directions) apply.
(3) An application for summary judgment under Chapter 6 of Part 10 may not be
made if —
(a) an application has been made for summary disposal in accordance with the
Act, and that application has not been disposed of; or
(b) summary relief has been granted on an application for summary disposal
under the Act.

(4) The court may on any application for summary disposal direct the defendant
to elect whether or not to make an offer to make amends under section 9 of the Act.
(5) When it makes a direction under paragraph (4), the court shall specify the
time by which and the manner in which —
(a) the election is to be made; and
(b) notification of it is to be given to the court and the other parties.

13.81 Defamation: sources of information (53.3)
In a claim for defamation, a party shall not be required to provide further information
about the identity of the defendant’s sources of information, unless the court orders otherwise.

13.82 Applications under Mental Health Act 1998 Part 2
(1) In this rule —

(a) ‘the Act’ means the Mental Health Act 1998;
(b) expressions which are defined in the Act have the same meanings as they
have in the Act.
(2) Where an application is made under section 40 of the Act for an order that the
functions of the nearest relative of the patient are to be exercisable by some other person —
(a) the nearest relative must be made a respondent, unless —
(i) the application is made on the grounds that the patient has no nearest
relative or that it is not reasonably practicable to ascertain whether he
has a nearest relative; or
(ii) the court orders otherwise; and
(b) the court may order that any other person shall be made a respondent.
(3) Subject to paragraph (4), the court may accept as evidence of the facts relied
upon in support of the application, any report made —
(a) by a medical practitioner; or
(b) by any of the following acting in the course of their official duties —
(i) a probation officer;
(ii) an officer of the Department;

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