Page 931 - IOM Law Society Rules Book

PART 2: ADMINISTRATION

(10) A general civil restraint order —
(a) shall be made for a specified period not exceeding 2 years;

(b) must identify the courts in which the party against whom the order is made is
restrained from issuing claims or making applications; and
(c) must identify the judge or judges to whom an application for permission
under paragraph (2)(a) or (b) or (9) should be made.
(11) The court may extend the duration of a general civil restraint order, if it
considers it appropriate to do so, but it must not be extended for a period greater than 2 years
on any given occasion.
(12) If a judicial officer considers that it would be appropriate to make a general
civil restraint order, he must transfer the proceedings to a Deemster.
CHAPTER 12: SANCTIONS

2.58 Sanctions have effect unless defaulting party obtains relief (3.8)
(1) Where a party has failed to comply with a rule, practice direction or court
order, any sanction for failure to comply imposed by the rule, practice direction or court order
has effect unless the party in default applies for and obtains relief from the sanction.

(2) Where a rule, practice direction or court order —
(a) requires a party to do something within a specified time, and
(b) specifies the consequence of failure to comply,
the time for doing the act in question may not be extended by agreement between the parties.

2.59 Relief from sanctions (3.9)
(1) On an application for relief from any sanction imposed for a failure to
comply with any rule, practice direction or court order the court shall consider all the
circumstances including —
(a) the interests of the administration of justice;
(b) whether the application for relief has been made promptly;
(c) whether the failure to comply was intentional;
(d) whether there is a good explanation for the failure;
(e) the extent to which the party in default has complied with other rules, practice
directions and court orders;
(f) whether the failure to comply was caused by the party or his advocate;
(g) whether the trial date or the likely trial date can still be met if relief is
granted;
(h) the effect which the failure to comply had on each party; and
(i) the effect which the granting of relief would have on each party.
(2) An application for relief shall be supported by evidence.

2.60 Sanction for non-payment of fee on filing document (3.7, 3.7A)
(1) This rule applies where a party files any document, on the filing of which a
prescribed fee is payable, without paying the prescribed fee, except where arrangements
between the Chief Registrar and the party or the advocate acting for the party are in force for
the payment of prescribed fees on credit.

(2) The court shall serve a notice on the party —
(a) requiring payment of the prescribed fee, and

Page 2-25