Page 907 - IOM Law Society Rules Book

PART 2: ADMINISTRATION

PART 2 : ADMINISTRATION

CHAPTER 1: DIVISIONS OF THE COURT

2.1 Civil Division
There shall be a single Civil Division in place of the Chancery Division, Common
Law Division and Family Law Division of the court.

CHAPTER 2: JUDGES AND OFFICERS OF THE COURT

2.2 Exercise of functions of the court (2.4)
(1) Where these Rules provide for the court to perform any act, that act may be
performed by any judge.
(2) Paragraph (1) does not apply where any rule, or any other statutory provision,
provides otherwise.
(3) Wherever a judicial officer has jurisdiction in any matter, he may refer the
matter to a Deemster instead of dealing with it himself, and the Deemster may either dispose
of the matter or refer it back to the judicial officer.
2.3 Court officers (2.5, 3.2)
(1) Where these Rules require or permit the court to perform an act of a formal or
administrative character, that act may be performed by a court officer.
(2) A requirement that a court officer or a costs officer carry out any act at the
request of a party is subject to the payment of any prescribed fee for the carrying out of that
act.
(3) Where a step is to be taken by a court officer —

(a) the officer may consult a judge before taking that step;
(b) the step may be taken by a judge instead of the officer.
CHAPTER 3: GENERAL POWERS OF THE COURT

2.4 Court’s power to make order of its own initiative (3.3)
(1) Except where a rule or some other statutory provision provides otherwise, the
court may exercise its powers on an application or on its own initiative.
(2) Where the court proposes to make an order on its own initiative —
(a) it may give any person likely to be affected by the order an opportunity to
make representations; and
(b) where it does so it shall specify the time by and the manner in which the
representations shall be made.
(3) Where the court proposes —
(a) to make an order on its own initiative; and
(b) to hold a hearing to decide whether to make the order,

it shall, if practicable, and unless each such party consents to shorter notice, give each party
likely to be affected by the order at least 7 days’ notice of the hearing.
(4) The court may make an order on its own initiative, without hearing the parties
or giving them an opportunity to make representations.
(5) Where the court has made an order under paragraph (4) —
(a) a party affected by the order may apply to have it set aside, varied or stayed;
and

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