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Rules of the High Court of Justice 2009

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Rules of the High Court of Justice 2009 RULES OF THE HIGH COURT OF JUSTICE 2009 CONTENTS PART 1 : INTRODUCTORY 1-1 SCHEDULE 1 — ADDITIONAL RULE-MAKING POWERS 1-5 PART 2 : ADMINISTRATION 2-1 CHAPTER 1: DIVISIONS OF THE COURT 2-1 CHAPTER 2: JUDGES AND OFFICERS OF THE COURT 2-1 CHAPTER 3: GENERAL POWERS OF THE COURT 2-1 CHAPTER 4: FORMS AND PRACTICE DIRECTIONS 2-2 CHAPTER 5: TIME 2-3 CHAPTER 6: COURT DOCUMENTS 2-4 CHAPTER 7: SERVICE OF DOCUMENTS: GENERAL 2-8 CHAPTER 8: SERVICE OF CLAIM FORM 2-13 CHAPTER 9: SERVICE OUT OF THE JURISDICTION 2-14 CHAPTER 10: SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS 2-20 CHAPTER 11: CIVIL RESTRAINT ORDERS 2-21 CHAPTER 12: SANCTIONS 2-25 CHAPTER 13: STRIKING OUT OF DORMANT CLAIMS 2-26 SCHEDULE 2.1 — ELECTRONIC COMMUNICATION AND FILING OF DOCUMENTS (PD5, 5B) 2-28 PART 3 : PARTIES 3-1 CHAPTER 1: GENERAL 3-1 CHAPTER 2: ADDITION AND SUBSTITUTION OF PARTIES 3-2 CHAPTER 3: DEATH OF PARTY 3-4 CHAPTER 4: MINORS AND PATIENTS 3-5 CHAPTER 5: NOTICE TO NON-PARTIES 3-10 CHAPTER 6: REPRESENTATIVE ACTIONS 3-11 CHAPTER 7: GROUP LITIGATION 3-13 SCHEDULE 3.1 — DESCRIPTION OF PARTIES 3-16 SCHEDULE 3.2 — MINORS AND PATIENTS (PD21) 3-18 PART 4 : START OF PROCEEDINGS 4-1 CHAPTER 1: THE CLAIM FORM 4-1 CHAPTER 2: RESPONDING TO PARTICULARS OF CLAIM — GENERAL 4-3 CHAPTER 3: ACKNOWLEDGMENT OF SERVICE 4-3 CHAPTER 4: DISPUTING THE COURT’S JURISDICTION 4-5 PART 5 : CHOICE OF PROCEDURES 5-1 CHAPTER 1: GENERAL 5-1 CHAPTER 2: SMALL CLAIMS PROCEDURE 5-4 CHAPTER 3: SUMMARY PROCEDURE 5-6 CHAPTER 4: CHANCERY PROCEDURE 5-10 CHAPTER 5: ORDINARY PROCEDURE 5-12 SCHEDULE 5.1 — CLAIMS FOR WHICH CHANCERY PROCEDURE IS NORMAL PROCEDURE 5-15 Page 1 RULES OF THE HIGH COURT OF JUSTICE SCHEDULE 5.2 — STANDARD DIRECTIONS (SUMMARY PROCEDURE) 5-17 PART 6 : STATEMENTS OF CASE 6-1 CHAPTER 1: GENERAL 6-1 CHAPTER 2: CLAIM FORM 6-3 CHAPTER 3: PARTICULARS OF CLAIM 6-4 CHAPTER 4: ADMISSIONS 6-8 CHAPTER 5: DEFENCE 6-10 CHAPTER 6: REPLY 6-12 CHAPTER 7: AMENDMENT OF STATEMENT OF CASE 6-13 CHAPTER 8: FURTHER INFORMATION 6-14 CHAPTER 9: ADDITIONAL CLAIMS 6-16 PART 7 : CASE MANAGEMENT 7-1 CHAPTER 1: GENERAL 7-1 CHAPTER 2: APPLICATIONS FOR COURT ORDERS 7-3 CHAPTER 3: INTERIM REMEDIES 7-6 CHAPTER 4: SECURITY FOR COSTS 7-11 CHAPTER 5: DISCLOSURE AND INSPECTION OF DOCUMENTS 7-12 CHAPTER 6: OFFERS TO SETTLE 7-17 CHAPTER 7: PAYMENTS INTO COURT 7-23 CHAPTER 8: DISCONTINUANCE 7-24 CHAPTER 9: MEDIATION 7-26 CHAPTER 10: CHANGE OF ADVOCATE 7-27 SCHEDULE 7.1 — APPLICATIONS FOR COURT ORDERS 7-30 SCHEDULE 7.2 — INTERIM ORDERS (PD25) 7-33 SCHEDULE 7.3 — INTERIM PAYMENTS (PD 25B) 7-37 PART 8 : EVIDENCE 8-1 CHAPTER 1: GENERAL 8-1 CHAPTER 2: CHANCERY PROCEDURE 8-4 CHAPTER 3: HEARSAY EVIDENCE 8-5 CHAPTER 4: WITNESSES AND DEPOSITIONS 8-7 CHAPTER 5: EVIDENCE UNDER 1975 ACT 8-11 CHAPTER 6: EXPERTS AND ASSESSORS 8-13 CHAPTER 7: STATEMENTS OF TRUTH 8-18 SCHEDULE 8.1 — AFFIDAVITS AND WITNESS STATEMENTS (PD32) 8-21 SCHEDULE 8.2 — FORM OF STATEMENT OF TRUTH 8-27 PART 9 : TRIALS AND HEARINGS 9-1 PART 10 : JUDGMENTS AND ORDERS 10-1 CHAPTER 1: JUDGMENTS AND ORDERS — GENERAL 10-1 CHAPTER 2: DEFAULT JUDGMENT 10-6 CHAPTER 3: SMALL CLAIMS 10-11 CHAPTER 4: JUDGMENT WITHOUT TRIAL AFTER STRIKING OUT 10-12 CHAPTER 5: JUDGMENT ON ADMISSION 10-12 CHAPTER 6: SUMMARY JUDGMENT 10-14 CHAPTER 7: INSTALMENT ORDERS 10-15 CHAPTER 8: PROVISIONAL DAMAGES 10-18 CHAPTER 9: ACCOUNTS, INQUIRIES ETC. 10-19 SCHEDULE 10.1 — ACCOUNTS AND INQUIRIES 10-20 PART 11 : COSTS 11-1 CHAPTER 1: COSTS — GENERAL 11-1 Page 2 Contents CHAPTER 2: FIXED COSTS 11-8 CHAPTER 3: SMALL CLAIMS PROCEDURE 11-11 CHAPTER 4: DETAILED ASSESSMENT 11-12 CHAPTER 5: SPECIAL CASES 11-18 SCHEDULE 11.1 — SUMMARY ASSESSMENT 11-23 SCHEDULE 11.2 — FORM AND CONTENTS OF BILL OF COSTS (PD47) 11-24 PART 12 : ENFORCEMENT 12-1 CHAPTER 1: ENFORCEMENT — GENERAL 12-1 CHAPTER 2: EXECUTION 12-3 CHAPTER 3: APPOINTMENT OF RECEIVER 12-6 CHAPTER 4: ARRESTMENT ORDERS 12-9 CHAPTER 5: CHARGING ORDERS 12-13 CHAPTER 6: ATTACHMENT OF EARNINGS ORDERS 12-16 CHAPTER 7: MISCELLANEOUS ORDERS 12-18 CHAPTER 8: ENFORCEMENT OF OVERSEAS JUDGMENTS 12-20 CHAPTER 9: COMMITTAL FOR CONTEMPT OF COURT 12-22 CHAPTER 10: ENFORCEMENT OF JUDGMENTS ABROAD 12-24 CHAPTER 11: FORFEITURE AND CIVIL RECOVERY 12-25 SCHEDULE 12.1 — FORFEITURE 12-26 SCHEDULE 12.2 — CIVIL RECOVERY 12-30 PART 13 : SPECIAL TYPES OF CLAIM 13-1 CHAPTER 1: CLAIMS FOR POSSESSION OF LAND 13-1 CHAPTER 2: OTHER CLAIMS RELATING TO LAND 13-3 CHAPTER 3: INTERPLEADER 13-4 CHAPTER 4: PROBATE, WILLS, ESTATES AND TRUSTS 13-7 CHAPTER 5: ADMIRALTY PROCEEDINGS 13-14 CHAPTER 6: ARBITRATION CLAIMS 13-23 CHAPTER 7: COMPANIES 13-26 CHAPTER 8: INTELLECTUAL PROPERTY CLAIMS 13-31 CHAPTER 9: REVIEW OF DETENTION 13-33 CHAPTER 10: MISCELLANEOUS CLAIMS 13-35 SCHEDULE 13.1 — PATENTS AND REGISTERED DESIGNS 13-39 SCHEDULE 13.2 — FINANCIAL RESTRICTIONS PROCEEDINGS UNDER TERRORISM (FINANCE) ACT 2009 13-43 PART 14 : APPEALS ETC. 14-1 CHAPTER 1: APPEALS 14-1 CHAPTER 2: REVIEW OF DECISIONS 14-12 CHAPTER 3: REFERENCES TO THE EUROPEAN COURT 14-15 PART 15 : SUPPLEMENTAL 15-1 CHAPTER 1: TRANSITIONAL ARRANGEMENTS 15-1 CHAPTER 2: CONSEQUENTIAL AMENDMENTS AND REPEALS 15-5 SCHEDULE 15.1 — AMENDMENTS 15-6 SCHEDULE 15.2 — REPEALS AND REVOCATIONS 15-7 SCHEDULE 15.3 — DIRECTIVES REMAINING IN FORCE 15-9 Page 3 Statutory Document No. 352/09 HIGH COURT ACT 1991 RULES OF THE HIGH COURT OF JUSTICE 2009 Laid before Tynwald 16 th June 2009 Coming into operation 1st September 2009 The Deemsters make these Rules under section 25 of the High Court Act 1991 and the other statutory provisions specified in Schedule 1. PART 1 : INTRODUCTORY 1.1 Title and commencement (1) The title of these Rules is the Rules of the High Court of Justice 2009. (2) Subject to paragraph (3), these Rules shall come into operation on 1st September 2009. (3) If on that date sections 3 to 5 of the Company Officers (Disqualification) Act 2009 have not yet come into operation, rules 13.59 to 13.66 shall come into operation on such date as those sections come into operation. 1.2 The overriding objective (1.1-1.3) (1) These Rules are a new procedural code with the overriding objective of enabling the High Court to deal with cases justly. (2) Dealing with a case justly includes, so far as is practicable — (a) ensuring that the parties are on an equal footing; (b) saving expense; (c) dealing with the case in ways which are proportionate to — (i) the amount of money involved; (ii) the importance of the case; (iii) the complexity of the issues; and (iv) the financial position of each party; (d) ensuring that it is dealt with expeditiously and fairly; and (e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases. (3) The court shall seek to give effect to the overriding objective when it exercises any power given to it by these Rules. (4) The parties are required to help the court to further the overriding objective. 1.3 Application of rules (2.1) (1) Subject to paragraph (2), these Rules apply to all proceedings in the High Court. Page 1-1 RULES OF THE HIGH COURT OF JUSTICE (2) These Rules do not apply to proceedings to which any of the following rules apply, except to the extent that those rules otherwise provide — (a) the Companies (Winding Up) Rules 1934; (b) the Election Petition Rules 1951; (c) Orders 44, 44A, 51D, 51E and 51F of the Rules of the High Court of Justice 1952; (d) the Probate Rules 1988; (e) the Parental Responsibility Agreement Rules 1992; (f) the Mental Health Rules 1998; (g) the Adoption Rules 2003; (h) the Rules of the High Court (Matrimonial Proceedings) 2004. (3) This rule is subject to — (a) any transitional provisions having effect under the Administration of Justice Act 2008, and (b) the transitional provisions in Part 15. 1.4 Interpretation (2.3) (1) In these Rules — ‘act’ includes an omission; ‘advocate’ includes — (a) a firm of advocates; and (b) a recognised body; ‘additional claim’ means a claim other than a claim by a claimant against a defendant, and includes — (a) a counterclaim by a defendant against the claimant or against the claimant and some other person; (b) a claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy; and (c) where an additional claim has been made against a person who is not already a party, any claim made by that person against any other person (whether or not already a party); and ‘additional claimant’ and ‘additional defendant’ have corresponding meanings; ‘the Appeal Division’ means the Staff of Government Division; ‘application notice’ means a document in which the applicant states his intention to seek an order of the court; ‘assisted person’ means a person receiving legal aid under Part I of the Legal Aid Act 1986; ‘the chancery procedure’ is the procedure referred to in rule 5.1(1)(c); ‘civil restraint order’ means an order under Chapter 11 of Part 2 restraining a party from issuing certain claims or making certain applications; ‘claim for personal injuries’ means proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death, and ‘personal injuries’ includes any disease and any impairment of a person’s physical or mental condition; ‘claimant’ means a person who makes a claim; Page 1-2 PART 1: INTRODUCTORY ‘commencement’ means the date specified in rule 1.1; ‘costs officer’ means — (a) the Chief Registrar; or (b) any other person (whether or not a court officer), other than a judge, authorised by the First Deemster to carry out any functions relating
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