Page 967 - IOM Law Society Rules Book

PART 5: CHOICE OF PROCEDURES

(a) The judicial officer may appoint a date for the preliminary consideration of
the claim and ways of resolving it, if he considers that the size or nature of
the claim or other circumstances make such a course desirable or necessary.
(b) At or after the preliminary appointment, if there is one, the judicial officer
shall fix a date for the claim to be heard (unless the parties consent to his
deciding it on the statements and documents submitted to him) and shall give
such directions regarding the steps to be taken before and at the hearing as
may appear to him to be necessary or desirable.
(c) Any hearing shall be informal and the strict rules of evidence shall not apply.
(d) The hearing shall be held at such time and place as the judicial officer thinks
convenient, and may be adjourned to any time or place. The judicial officer
may carry out any view or inspection he thinks appropriate.
(e) At the hearing the judicial officer may adopt any method of procedure which
he may consider to be convenient and to afford a fair and equal opportunity to
each party to present his case.

(f) If any party does not appear at the adjudication, the judicial officer may make
an award on hearing any other party to the proceedings who may be present.
(g) Where an award has been given in the absence of a party, the judicial officer
may, on that party’s application, set the award aside and order a fresh
hearing.
(h) With the consent of the parties and at any time before giving his decision, and
either before or after the hearing, the judicial officer may consult any expert
or call for an expert report on any matter in dispute or invite an expert to
attend the hearing as assessor.
(i) Subject to rule 11.21, the costs of the action up to and including the filing of
the award shall be in the discretion of the judicial officer, to be exercised in
the same manner as the discretion of the court.
(j) The judicial officer shall, within 7 days of making an award, file the award
and send a copy to each party, but where the judicial officer sets an award
aside under sub-paragraph (g), he shall forthwith notify the court office and
each party in writing.
(2) For the avoidance of doubt, on a reference under rule 5.7 the judicial officer
shall have the same powers as a judge —
(a) to summon witnesses,
(b) to administer oaths, and
(c) to require the production and disclosure of documents.
(3) Nothing in this Chapter authorises a judicial officer to commit any person to
prison or to enforce an order by attachment or otherwise.

5.9 Time-limit for application to set aside award (RHC 26A.7)
(1) This rule applies to an application to the court under section 16(4) of the High
Court Act 1991 to set aside the award of a judicial officer on a reference under rule 5.7.
(2) The application must be made within 14 days after the day on which the
award was entered as a judgment of the court.

5.10 Representation of corporation (SD 599/06)
(1) A nominated individual may, on behalf of a company or other corporation, —

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