Page 963 - IOM Law Society Rules Book

PART 5: CHOICE OF PROCEDURES

PART 5 : CHOICE OF PROCEDURES

CHAPTER 1: GENERAL

5.1 The procedures: introduction
(1) Every claim shall be allocated to one of the following case management
procedures (referred to in these Rules as ‘procedures’) —

(a) the small claims procedure (see Chapter 2);
(b) the summary procedure (see Chapter 3);
(c) the chancery procedure (see Chapter 4);
(d) the ordinary procedure (see Chapter 5).
(2) In this Part —
‘small claim’ means a claim allocated to the small claims procedure;
‘the small claims limit’ is —
(a) £5,000, in the case of a claim for personal injuries;
(b) £10,000, in any other case;
‘summary claim’ means a claim allocated to the summary procedure;
‘the summary limit’ is £100,000.
(3) Subject to paragraph (4), in assessing the financial value of a claim or
counterclaim for the purposes of this Part the following matters shall be disregarded —
(a) any amount not in dispute;
(b) any claim for interest;
(c) costs; and
(d) any contributory negligence.
(4) Where —
(a) 2 or more claimants have started a claim against the same defendant using the
same claim form; and
(b) each claimant has a claim against the defendant separate from the other
claimants,
the claim of each claimant shall be considered separately for the purpose of assessing the
financial value.
(5) For the purpose of this Part, where a claim for an unspecified amount of
money is expressed to be limited to a specified amount which does not exceed the small
claims limit or the summary limit, the financial value of the claim shall be treated as not
exceeding the small claims limit or the summary limit, as the case may be.

5.2 Normal procedures for claims (26.6)
(1) Where any rule requires a claim to be allocated to a particular procedure, that
procedure is the normal procedure for that claim; and the following provisions of this rule
have effect subject to this paragraph.
(2) The chancery procedure is the normal procedure for —
(a) a claim by or against a minor or patient which has been settled before the
commencement of proceedings and the sole purpose of the claim is to obtain
the approval of the court to the settlement,
(b) a claim for provisional damages which has been settled before the
commencement of proceedings and the sole purpose of the claim is to obtain
a consent judgment, and

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