Page 1192 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

(iii) an officer of a voluntary body exercising statutory functions on
behalf of the Department; or
(iv) an officer of the managers of a hospital.
(4) The respondent must be informed of the substance of any part of the report
dealing with his fitness or conduct that the court considers to be material to the determination
of the claim.
(5) An application under Part 2 of the Act shall be heard in private unless the
court orders otherwise.
(6) The judge may, for the purpose of determining the application, interview the
patient. The interview may take place in the presence of, or separately from, the parties. The
interview may be conducted elsewhere than at the court.

13.83 Applications for injunctions — planning and conservation
(1) This rule relates to applications under —
(a) section 37 of the Town and Country Planning Act 1999, and
(b) section 6 of the Tree Preservation Act 1993.
(2) In this rule—
(a) ‘injunction’ means an injunction under one of those sections;
(b) ‘the defendant’ is the person against whom the injunction is sought.
(3) An injunction may be granted against a person whose identity is unknown to
the applicant.
(4) Where paragraph (3) applies —
(a) the claim form must describe the defendant by reference to —
(i) a photograph;
(ii) a thing belonging to or in the possession of the defendant; or
(iii) any other evidence;

but the description of the defendant must be sufficiently clear to enable the
defendant to be served with the proceedings;
(b) the application must be accompanied by a witness statement, which must
state —
(i) that the applicant was unable to ascertain the defendant’s identity
within the time reasonably available to him;
(ii) the steps taken by him to ascertain the defendant’s identity;
(iii) the means by which the defendant has been described in the claim
form; and
(iv) that the description is the best the applicant is able to provide.
(5) When the court issues the claim form it shall fix a date for the hearing.

(6) The claim form must be served not less than 21 days, or such shorter period
as the court may direct, before the hearing date.
(7) Notice of the hearing date must be served at the same time as the claim form,
unless the hearing date is specified in the claim form.
(8) The court may on the hearing date —
(a) proceed to hear the case and dispose of the claim; or
(b) give directions.

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