Page 933 - IOM Law Society Rules Book
P. 933

PART 2: ADMINISTRATION

                          (d)    in  the  case  of  a  claim  a  party  to  which  was  a  minor  when  the  claim  was
                                 started, one year has elapsed since he reached the age of 18.
                          (2)     This rule does not apply to —
                          (a)    a claim to which a minor or a patient is a party;
                          (b)    a  claim  for  personal  injuries  where  there  is  no  issue  on  liability  but  the
                                 proceedings have been adjourned by court order to determine the prognosis;
                          (c)    where the court is dealing with the continuing administration of an estate or a
                                 trust or a receivership;
                          (d)    applications relating to funds in court.
                          (3)    Subject to any order under paragraph (5), a court officer may give notice to
                   every party to a claim to which this rule applies stating that, unless an application is made to
                   the court for such an order before the expiration of such period as is specified in the notice
                   (‘the notice period’), the claim will be struck out.
                          (4)    The notice period must not be less than 28 days beginning with the issue of
                   the notice.
                          (5)    The  court  may  at  any  time,  on  application  by  any  party  or  on  its  own
                   initiative, order that a claim shall not be struck out under this rule until the expiration of such
                   period, or the happening of such event, as is specified in the order.
                          (6)    Subject to any order under paragraph (5) —
                          (a)    where an application for such an order is made within the notice period, on
                                 the dismissal or withdrawal of the application,
                          (b)    otherwise, on the expiration of the notice period,
                   the claim shall automatically be struck out.














































                                                                                            Page  2-27
   928   929   930   931   932   933   934   935   936   937   938