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Rule of Law : the Backbone of Economic Growth
Rule of law : the backbone of economic growth (A lecture delivered by Deemster David Doyle at the Oxford Union on 17 July 2014 as part of the Small Countries Financial Management Programme) Introduction “By this Book and the Holy Contents thereof and by the wonderful Works that GOD hath miraculously wrought in Heaven above and in the Earth beneath in Six Days and Seven Nights; I David Charles Doyle do swear that I will without respect of favour or friendship, love or gain, consanguinity or affinity, envy or malice, execute the Laws of this Isle justly betwixt Our Sovereign LADY THE QUEEN and Her Subjects within this Isle, and betwixt Party and Party as indifferently as the Herring Backbone doth lie in the midst of the Fish. So help me God. And by the Contents of this Book” That was the judicial oath I first took in 2003 when I was appointed Second Deemster and again in 2010 when I was appointed First Deemster. I am sharing it with you this evening because it embodies the essentials of the rule of law. Lord Hope, the former Deputy President of the Supreme Court of the United Kingdom, was kind enough to refer to the Manx judicial oath in the chapter he contributed to Judge and Jurist Essays in Memory of Lord Rodger of Earlsferry (2013 Oxford University Press) at pages 75-76. Justice must be delivered according to the law, without surrendering to any improper influences and delivering equal treatment to everybody, “without respect of favour or friendship, love or gain, consanguinity or affinity, envy or malice”. -
Militia Officers' Reward of Merit Mr. Foster's Mission Successful John
/ VOL. XXI ALEXANDRIA, ONJARIO, FRIDAY, AUGUST 8, 1913 29 Teachers "Wanted TEACHER WANTED Militia Officers’ Mr. Foster’s ^Highland Blood Two Keels To Heavy Fines For A qualified teacher for S.S. No, 10, Kenyon. Duties to commence Sept. 1. Mail Contract Apply stating salary and quajifications Mission Successful In New Bishop Germany’s Bee Selling Unfit Fnnii to A. K. McDonald, Sec.-Treas.,Green- Reward of Merit SEALED TENDERS, addroiwod to field, Ont., box 17. 29-3 ^ (From the Montreal Gazette.) Hon. Geo. E. Foster, Minister of Rev. Father Joseph Guillaume London, August 6,—Germany In these days, when the high cost 'the Po«tana»ter G€0ieral, be reoeiv> 'J'rade and Commerce, who for the Forbes, parish priest of St. John Bap- bids aE>ove the present navy law, then of living is the householder^ chief ed at Ottawa until Noon, on Friday, Ottawa, August 3.—As a result of | paat five months has been in the tiste Church of Montreal, has been our policy will t>e two keels to one,” worry, the purchaser of an article of 12th, S^tember 1913, for tha oon* the plan inaugurated last year by the I food, naturally wishes to “get his ihe TEACHER WANTED Antipodes, mid the Orient, on a mis- appointed Bishop of Joliette in succes- was the striking state ent of Lord veyanoe o! Éit Uajeaty*a Hails, on a Minister of Militia and Defence of I sion of industrial expansion, is ex- sion to the late Bishop Archambault. A*hby St. Ledgers, durii^ the House money’s worth,” and that every time. -
2012Onhill-Sittings
ON TYNWALD HILL below. The First Deemster sits at the place appointed on the south side of the Hill for His Excellency, the President of Tynwald, the promulgation of the laws in English the Lord Bishop of Sodor and Man, the and the Second Deemster sits in the Attorney General and other Members corresponding position on the north side of the Legislative Council, the Clerk of the Hill for the reading in Manx. The of the Legislative Council, the Persons Deemster, Yn Lhaihder, the Captains of in attendance, the Sword Bearer, the the Parishes, the Coroners and the Deputy Private Secretary to His Excellency and Chief Constable sit on the lowest tier. the Surgeon to the Household will When His Excellency is ready and the occupy the top tier; the Speaker, the officials have taken up their positions on Chief Minister, Members and Secretary the Hill. of the House of Keys together with their Chaplain will be accommodated All stand on the next tier; the High Bailiff, the Representative of the Commission of the THE ROYAL ANTHEM Peace, the Chief Registrar, the Mayor of God save our gracious Queen, Douglas, the Chairmen of the Town and Long live our noble Queen, Village Commissioners, the Archdeacon, God Save the Queen. the Vicar-General, the Clergy, the Roman Send her victorious, Catholic Dean, the representatives of the Happy and glorious, Free Churches, the Salvation Army and Long to reign over us, the Chief Constable will occupy the tier God Save the Queen. TINVAAL • 5.00 JERREY SOUREE 2012 21 All sit They occupy the step below the top step and, when all four are in position on His Excellency says: bended knee, take the following oath, Learned First Deemster, direct the Court administered by the First Deemster: to be fenced. -
220155833.Pdf
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Oxford Brookes University: RADAR RADAR Oxford Brookes University – Research Archive and Digital Asset Repository (RADAR) Judicial Officers and Advocates of the Isle of Man, 1765-1991 Edge, P (2000) This version is available: https://radar.brookes.ac.uk/radar/items/2b20d2b0-3d6d-06ab-3090-36635db62328/1/ Available on RADAR: August 2010 Copyright © and Moral Rights are retained by the author(s) and/ or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This item cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. This document is the original version. Some differences between the published version and this version may remain and you are advised to consult the published version if you wish to cite from it. go/radar www.brookes.ac.uk/ Directorate of Learning Resources Judicial Officers and Advocates of the Isle of Man, 1765-1991. Page created by [email protected], from data gathered in 1992. Page created 1/1/2000, not maintained. Governors and Lieutenant-Governors. 1761 John Wood. (Governor) 1773 Henry Hope. 1775 Richard Dawson. 1777 Edward Smith. (Governor) 1790 Alexander Shaw. 1793 John Murray, Duke of Atholl. (Governor) 1804 Henry Murray. 1805 Colonel Cornelius Smelt. 1832 Colonel Lord Ready. 1845 Charles Hope. -
Tynwal D Court
TYNWAL D COURT. DOUGLAS, THURSDAY, MAY 5, 1898. Present (in the Council): His Excellency the Lieut.-Governor (President of the Court), Deem ster Gill, the Attorney-General, the Receiver- General, and the Vicar-General ; (in the Keys) Messrs John Joughin (Acting-Speaker), A. W. Moore, T. Clague, T. Allen, .1. C. Crellin, D. Maitland, E. H. Christian, W. Quayle, J. R. Kerruish, J. A. Mylrea, J. T. Cowell, J. R. Cowell, James Mylchreest, W. Quine, J. Qualtrough, J. D. Clucas, E. T. Christian, J. J. Goldsmith, R. Cowley, R. Corlett, and F. G. Callow. Mr Story, Clerk to the Council, and Mr Gelling, Secretary to the Keys, were in attendance. PROCEDURE. 'The Governor : I propose that we should go on with the agenda as far as possible to-day, so as to lighten it when we next meet. The two important points are—first of all—the Bills Lw signature, in order to obtain the Royal assent, and the second important point is the resolution with regard to the Customs duties. I do not think either of those matters will take a long time, and afterwards we shall pi oceed as far as possible with the other business on the agenda. BILLS SIGNED. The following Bills were submitted for signa- ture ;—Merchandise Mc.rks; Bishop Barrow's Charity (Girls' High School); Port Erin and Port St. Mary Light ; Education ; St. Matthew's Church Bill. TITHE COMMUTATION BILL. The Governor : The Acting-Speaker has called my attention to some little inaccuracies in the wording of one of the Bills, and I have given directions that they shall be corrected according to the original Bill passed by both branches. -
Deemster Doyle: His Excellency the Lieutenant Governor: Deemster
SWEARING-IN OF DEPUTY HIGH BAILIFF AT COURT NUMBER 3, ISLE OF MAN COURTS OF JUSTICE – 29th JULY 2011 Deemster Doyle: Your Excellency, Ms Richardson, Your Honours, Your Worships, Madam President, distinguished guests. It is my great pleasure this afternoon to welcome you all to the ceremony of the administration of oaths on the appointment of Jayne Hughes as Deputy High Bailiff. I especially welcome the family and friends of Jayne Hughes. In particular Jayne’s husband Terry, daughter Robyn and sister in law Carol. Jayne’s son Duncan cannot be with us today as he recently graduated as a doctor and is busy working at a hospital in England as I speak here in Court Number 3 in Douglas in the Isle of Man. Without further ado I now ask His Excellency the Lieutenant Governor Adam Wood to read the warrant of appointment of Jayne Hughes as Deputy High Bailiff. His Excellency the Lieutenant Governor: In exercise of the powers conferred on me by section 1(2) of the Summary Jurisdiction Act 1989 and of all other enabling powers I hereby appoint Jayne Hughes to the office of Deputy High Bailiff to hold office from 25th July 2011. As witness my hand the 1st day of June 2011 Deemster Doyle: Thank you, Your Excellency. I will now administer the Oath of Allegiance and the Oath of Deputy High Bailiff to Mrs. Hughes. Mrs. Jayne Hughes: I Jayne Hughes do swear by almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II her heirs and successors. -
David Doyle to Become Judge of the Cayman Islands' Grand
News Release 6th April 2021 David Doyle to become Judge of the Cayman Islands’ Grand Court It is with a mixture of pride, pleasure and sadness that we announce that David Doyle CBE of Cains, the former First Deemster, is stepping down as a director of the Small Countries Financial Management Centre to take up a position as a full-time Judge of the Cayman Islands’ Grand Court, to serve in the Financial Services Division. He is due to take up his new role in the summer of 2021. After he retired as the Isle of Man’s First Deemster in 2018, David became a Director of the Small Countries Financial Management Centre in 2019 and has made a very positive contribution in that role. Pride and pleasure that David has been appointed to this very prestigious position. Sadness that it means he must stand down as a Director of the Centre. We will miss his wise advice and engaging company. In announcing Deemster Doyle’s appointment, the Cayman Islands’ Chief Justice said: “Deemster Doyle has a real commitment, passion, and desire to contribute to the development of the law and the administration of justice, specifically in the area of financial services. His extensive understanding of relevant local, regional, and international legislation coupled with his wide-ranging experiences hearing financial services matters in the Isle of Man and the Channel Islands will enhance the ability of the Grand Court to continue advance the administration of justice in the financial services sector. I am very pleased to be welcoming him as a colleague and member of our judiciary.” Caymans’ gain is the Centre’s loss, although we are sure David’s support for and commitment to the work of the Small Countries Financial Management Centre will be undiminished. -
Tynwald Court
TYNWALD COURT. DOUGLAS, TUESDAY. APRIL 25, 1916. Present: In the Council: His Excellency General's explanation of the alterations the Deputy-Governor (Mr Thomas Kneen), made, Deemster Callow, the Attorney-General, The Attorney-General: It so happens the Vicar-General, and the Archdeacon. that, since the House met to consider this In the Keys: The Speaker (Mr Dalrymple subject, sonic explanation is necessary to Maitland, J.P.), Messrs T. C. Kermode, bring the House face to face with the W, Quayle, W. F. Cowell, W. Christian, matter as it stands now. I shall be as 13. S. Corlett, A. Christian, J. W. Walton, little diffuse as possible; still I must E. J. Curphey, J. R. Kerruish, T. H. Cor- occupy sufficient time to enable me to put mode, W. T. Croton, It. Moughtin, R. it in an intelligible form before the Court. Clueas, J. Qualtrough, T. F. Quine, J. The,Bill, as originally passed, was a BPI Cunningham, J.! Garside, M. Curiae, and in relief of rates—the Local Authorities Col. Moore. Relief of Rates Bill. That Bill dealt exclusively with the question of loans, RELIEF OF RATES, enabling the local authorities to borrow money to relieve the rates -owing to the The Deputy-Governor: Since the last peculiar circumstances of the Island—the Tynwald Court the Committee appointed to urban districts of the Island. It will he deal with amendments suggested in the Bill, in the recollection of the House, that we called the War Emergency (Relief of Rates) passed a resolution voting £20,000 for the Bill have been in communication with the purpose of grants in relief of rates. -
Jmangladstone [2006] J 84
HIGH COURT OF JUSTICE OF THE ISLE OF MAN CHANCERY DIVISION GLADSTONE v BRUNNING 07 March 2006 His Honour The Deemster Doyle IN THE MATTER of proceedings before the United States Bankruptcy Court, Southern District of California (case no. 02-08176-PB Chapter 7 with Terry Linn Brunning and Susan Jennifer Brunning as Debtors) and IN THE MATTER of the Petition dated the 29 th October 2004 of Leslie Gladstone Chapter 7 Trustee 1. The hearing of the petition in this matter took place on the 21 st , 22 nd and 23 rd February 2006. I reserved judgment. I now deliver that judgment. 2. In this case a foreign trustee in bankruptcy, appointed in the United States of America in August 2002 in respect of two debtors, seeks recognition in the Isle of Man and assistance from this court in vesting in the trustee movable assets of the bankrupts within the Isle of Man. 3. The creditors in the bankruptcy still await payment. The financial institution in the Isle of Man who presently holds funds approaching US$1 million on behalf of the debtors takes a neutral stance. The funds in the Isle of Man are presently frozen pursuant to a restraint order made by the common law division of the High Court of Justice of the Isle of Man in February 2003. 4. The bankruptcy court in the United States of America made orders in July 2003 and November 2005 in an endeavour to vest in the trustee the monies in the Isle of Man. In April 2003 the common law division of the High Court of Justice of the Isle of Man made an order permitting one of the bankrupts to transfer an amount not exceeding US$15,000 to her American lawyer. -
Report of the Select Committee on the Operation of the Jury System 2015-2016
PP 2016/0100 REPORT OF THE SELECT COMMITTEE ON THE OPERATION OF THE JURY SYSTEM 2015-2016 REPORT OF THE SELECT COMMITTEE ON THE OPERATION OF THE JURY SYSTEM 2015-2016 At the sitting of Tynwald Court in October 2015 it was resolved - That a committee of three Members be appointed with powers to take written and oral evidence pursuant to sections 3 and 4 of the Tynwald Proceedings Act 1876, as amended, to consider the operation of the jury system on the Isle of Man and to report by the sitting in June 2016. The powers, privileges and immunities relating to the work of a committee of Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act 1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections 2 to 4 of the Tynwald Proceedings Act 1984. Committee Membership Mr C R Robertshaw MHK (Douglas East) (Chairman) Mr P Karran MHK (Onchan) Mr W M Malarkey MHK (Douglas South) Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Finch Road, Douglas IM1 3PW (Tel 01624 685520, Fax 01624 685522) or may be consulted at www.tynwald.org.im All correspondence with regard to this Report should be addressed to the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas IM1 3PW. Table of Contents I. THE INQUIRY ................................................................................................. 1 II. GENERAL ....................................................................................................... 3 THE ENGLISH SYSTEM 3 THE ISLE OF MAN SYSTEM 4 III. UNUSUALLY DIFFICULT CASES ........................................................................ 5 HANDLING COMPLEX CASES 5 OPTION OF JUDGE ONLY TRIALS 7 RECOMMENDATIONS 9 IV. -
Tynwald Court. St
TYNWALD COURT. ST. JOHN'S, SATURDAY, JULY 5, 1913. The usual semi-military- guard of honour The captains of parishes present (apart from those who are also members of the was provided to keep the route of the Legislature) were Messrs T.Alien, W. A. officials and legislators from the chapel to ; T. C. S. Moore and the hill. The Isle of Man Volunteers mus- Stevenson, T. Moore tered 00 strong, under the command of Richard B. Quirk. Lieut. Cewie. Surgeon-Major Richardson The following clergy attended ;—Cation was also with the Corps. There were also on Owen, Cation Spicer, Canon Quine, the parade the Officers' Training Corps of King Revs. E. H. L. Locke, S. B. Botwood, W. A. William's College, under the command of Lewis, R. Jones, C. H. Leece, M. W. Har- Lieut. Watkins, numbering 25; the Church rison, T. 11. Kneale, H. Kinred, D. C. Lads' Brigade cadet battalion, under Major Woodhouse, liawcliffe, R.. Clain, J. H. Cain Gale; and St. Andrew's Life Brigade, (Lezayre), P. W. Stubbs, R. Wakeford, W. under Lieut. Killey. Davies, Gregson, and W. A. Rushworth. The Governor, having assumed the chair His Excellency the Lieut.-Governor ar- of State, with the members of the Council. rived at the church at the appointed hour and officials around hint, and the Keys on (11-20 a.m.), and was received by the guard the lower platform, the Court was "fenced" of honour with the Royal Salute. His Ex- by the Coroner of Glanfaba. cellency was attended by his sword bearer, The out-going Coroners were then called Major Mackenzie, commanding the Douglas on to give up their wands of office, and the Volunteers; Lieut. -
Doing a Good Deed: the Uniqueness of the Manx Deed
May 2020 Doing a Good Deed: The Uniqueness of the Manx Deed. The Legal Mechanism of the Deed It was said by the English Kings Bench Division in Sharington v Strotton (1564) 1 Plow. 298, 308 that the law of England was that there were two ways of making contracts or agreements. One by words and one in writing. The court opined that because words “are oftentimes spoken by men unadvisedly and without deliberation”, a contract by words alone will not bind without valuable consideration (being a benefit gained or detriment suffered, per Lush J (at 162) in Currie v Misa (1874) LR 10 Ex 153). However, this would not be the case when an agreement was made by deed which would represent an enforceable promise made without valuable consideration due to the formality of the decision to make an accord. The court stated in Sharington v Strotton at [308]: - “For when a man passes a thing by deed, first there is the determination of the mind to do it, and upon that he causes it to be written, which is one part of deliberation, and afterwards he puts his seal to it, which is another part of deliberation, and lastly he delivers the writing as his deed, which is the consummation of his resolution; and by the delivery of the deed from him that makes it to him to whom it is made, he gives his assent to part with the thing contained in the deed to him to whom he delivers the deed, and this delivery is as a ceremony in law, signifying fully his good-will that the thing in the deed should pass from him to the other.” Contracts by deed therefore played a role in the common law to protect the party or parties from imprudent commitments.