Page 937 - IOM Law Society Rules Book

PART 3: PARTIES

PART 3 : PARTIES

CHAPTER 1: GENERAL

3.1 Description of parties
(1) Subject to Schedule 3.1, in any proceedings in the court —
(a) a party at whose request a claim form is issued shall be referred to as a
‘claimant’;
(b) any other party shall be referred to as a ‘defendant’.
(2) Schedule 3.1 has effect with respect to the description of parties in any
document used in proceedings in the court.

3.2 Number of parties (19.1)
Any number of claimants or defendants may be joined as parties to a claim.

3.3 Claims by and against firms within jurisdiction (RHC 36.1)
(1) Subject to any statutory provision, any 2 or more persons claiming to be
entitled, or alleged to be liable, as partners in respect of a cause of action and carrying on
business within the jurisdiction may sue, or be sued, in the name of the firm (if any) of which
they were partners at the time when the cause of action accrued.
(2) In proceedings in which partners sue or are sued in the name of a firm, they
must be referred to in the title as ‘A & Co (a firm)’.

3.4 Disclosure of partners’ names (RHC 36.1, 2)
(1) Any defendant to a claim brought by partners in the name of a firm may serve
on the claimants or their advocate a notice requiring them or him forthwith to furnish the
defendant with a written statement of the names and places of residence of all the persons
who were partners in the firm at the time when the cause of action accrued.
(2) If a notice under paragraph (1) is not complied with, the court may —
(a) order the claimants or their advocate to provide the defendant with such a
statement and to verify it on oath or otherwise as may be specified in the
order, or
(b) order that further proceedings in the claim be stayed on such terms as the
court may direct.
(3) When the names of the partners have been declared in compliance with a
notice under paragraph (1) or an order under paragraph (2)(a), the proceedings shall continue
in the name of the firm but with the same consequences as would have ensued if the persons
whose names have been so declared had been named as claimants in the claim form.
(4) Paragraphs (1) and (2) apply in relation to a claim brought against partners in
the name of a firm as they apply in relation to a claim brought by partners in the name of a
firm but —
(a) with the substitution, for references to the defendant and the claimants, of
references to the claimant and the defendants respectively, and
(b) with the omission of paragraph (2)(b).

3.5 Persons carrying on business in another name (RHC 36.10)
(1) An individual carrying on business within the jurisdiction in a name or style
other than his own name may (whether or not he is within the jurisdiction) be sued in that
name or style as if it were the name of a firm, and rule 3.4 shall, so far as applicable, apply as
if he were a partner and the name in which he carries on business were the name of his firm.

Page 3-1