Page 981 - IOM Law Society Rules Book

PART 6: STATEMENTS OF CASE

PART 6 : STATEMENTS OF CASE

CHAPTER 1: GENERAL

6.1 Part not to apply in certain cases (16.1, PD 16)
(1) Subject to paragraph (2), this Part, except —
(a) rules 6.2, 6.3, 6.4, 6.9 and 6.11,
(b) rule 6.19(1) and (2), and
(c) rules 6.37 and 6.40,
does not apply to a claim which is allocated to the chancery procedure.
(2) Chapter 9 (additional claims) applies to a claim which is allocated to the
chancery procedure, except that a party may not make an additional claim without the court’s
permission.
(3) Where special provisions (eg. in Part 13) about statements of case are made
by the rules applying to particular types of proceedings, this Part applies only to the extent
that it is not inconsistent with those rules.
6.2 Statements of case: general (PD16.13)

A party may —
(a) refer in his statement of case to any point of law on which his claim or
defence, as the case may be, is based;
(b) give in his statement of case the name of any witness he proposes to call; and
(c) attach to or serve with his statement of case a copy of any document which he
considers is necessary to his claim or defence, as the case may be (including
any expert’s report to be filed in accordance with Chapter 6 of Part 8).

6.3 Title of proceedings (PD16)
(1) Every statement of case must be headed with the title of the proceedings.

(2) The title must state —
(a) the number of the claim (when allocated under rule 4.1(4)(a)),
(b) the procedure referred to in rule 5.1 to which the proceedings are or are to be
allocated;
(c) the full name of each party (so far as known to the party making the
statement of case), and
(d) his status in the proceedings, described in accordance with Schedule 3.1.
(3) For the purpose of paragraph (2)(c) the full name of a party is —
(a) in the case of an individual, his full unabbreviated name and title by which he
is known;
(b) in the case of an individual carrying on business in a name other than his own
name, the full unabbreviated name of the individual, together with the title by
which he is known, and the full trading name;
(c) in the case of a partnership —
(i) where partners are being sued in the name of the partnership, the full
name by which the partnership is known, together with the words ‘(a
firm)’; or
(ii) where partners are being sued as individuals, the full unabbreviated
name of each partner and the title by which he is known;

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