OFFICE OF THE HIGH COURT

APPOINTMENT TO PANEL OF PART-TIME DEEMSTERS

INFORMATION PACK

October 2019

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Table of Contents

Advertisement ...... 3

Job Description Panel of Part-time Deemsters ...... 4

Person Specification ...... 5

Main Terms and Conditions of Appointment as a Panel Deemster ...... 7

Selection Procedure ...... 10

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Advertisement

Office of the Isle of Man High Court

Appointment to Panel of Part-Time Deemsters

The Isle of Man prides itself on its values of democracy, good government and the importance of the rule of law. The judiciary is a key component of delivering these values and to the Island’s international reputation.

Applications are invited from individuals interested in being considered for inclusion on the panel of part-time Deemsters appointed to assist the full-time Deemsters in their judicial workload.

Successful applicants will join the panel of individuals willing, depending on their relevant experience, to preside over matters within the Divisions of the High Court of the Isle of Man including civil and family matters and/or over the Court of General Gaol Delivery dealing with criminal trials and sentencing hearings. When assigned a matter the Deemster will be responsible for preparing for and presiding over the cases assigned to him or her and for the management of such cases.

In accordance with Section 3B(1) of the High Court Act 1991, appointments to the panel will be made by His Excellency the Lieutenant Governor, on the recommendation of the First Deemster who will chair the Selection Panel. Candidates for this position must meet the following criteria:-

• A qualified advocate, barrister or solicitor of at least 10 years’ standing. • A comprehensive knowledge and understanding of the relevant areas of Manx Law or an ability to gain such knowledge and understanding. • A comprehensive knowledge of the Rules of the High Court of Justice of the Isle of Man and of court practice and procedure or an ability to gain such knowledge. • A high level of professional attainment in the areas of law in which they have been engaged.

Applicants specialising in criminal law, particularly proceeds of crime and anti-money laundering will be especially welcome.

The information pack and application form is available at www.gov.im/crownappointments.

Further information can be obtained from the First Deemster, His Honour Deemster Corlett, Isle of Man Courts of Justice, Deemsters Walk, Douglas, Isle of Man, IM1 3AR. Telephone No. 01624 686425.

Applications should be marked ‘In Confidence’ and sent to [email protected].

The closing date for applications is 19 November 2019 at 5.00pm.

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Job Description Panel of Part-time Deemsters

1. Introduction

The purpose of judicial office is to administer justice in accordance with the laws of the Isle of Man. His Excellency the Lieutenant Governor in accordance with the provisions of section 3B of the High Court Act 1991 may, on the recommendation of the First Deemster, appoint one or more Deemsters in addition to the First Deemster and Second Deemster.

Panel Deemsters will assist the Deemsters in respect of any judicial, administrative and other duties assigned to them by the First Deemster.

Paragraphs 2 and 3 below describe in more detail the structure and jurisdiction of the High Court and the functions of the Deemsters.

Panel Deemsters will preside over cases allocated to them by the First Deemster depending on their areas of expertise.

2. The High Court

The structure of the High Court of Justice of the Isle of Man is governed by the High Court Act 1991. There are four permanent judges of the High Court: the First Deemster, the Second Deemster, the Deemster and the .

The First Deemster is President of the High Court and has responsibility for the distribution of the work of the High Court and the Court of General Gaol Delivery. The Judge of Appeal can only sit in the Appeal Division.

The First Deemster currently presides over civil and family matters in the High Court and deals with some Appeal Division work. The Second Deemster currently presides over family proceedings in the High Court and deals with civil matters and some Appeal Division work. The Deemster currently presides over criminal proceedings in the Court of General Gaol Delivery.

Panel Deemsters may be called upon to assist in the discharge of the business of the High Court, the Court of General Gaol Delivery and the Appeal Division.

Further information on the work of the courts can be obtained from www.courts.im.

3. Jurisdiction

The High Court is a superior court of record which deals with civil and family matters. Its jurisdiction and procedures are in the main dealt with by the High Court Act 1991 and the Rules of the High Court 2009. The Court of General Gaol Delivery is a separate superior court of record which deals with criminal matters and its jurisdiction and procedures are in the main dealt with by the Criminal Jurisdiction Act 1993.

The Appeal Division of the High Court is a creature of statute and deals with appeals in civil, family and criminal matters.

4. Administration

The General Registry, headed by the Chief Registrar, provides the administration for the High Court and the Court of General Gaol Delivery.

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Person Specification

Post: Panel Deemster

Department: Isle of Man Courts of Justice

Job Summary: Presiding over matters in the High Court of Justice of the Isle of Man and/or the Court of General Gaol Delivery. Preparing for and presiding over cases assigned to him or her and the management of such cases

ESSENTIAL ATTRIBUTES METHOD OF ASSESSMENT

Qualifications

Qualified advocate, barrister or solicitor CV/Certificates

Experience

10 years’ experience as advocate, barrister or solicitor CV

A high level of professional attainment in the areas of law in CV/Interview which the applicant has been engaged

Knowledge & Skills

Comprehensive knowledge and understanding of Manx Law or CV/Interview an ability to gain such knowledge and understanding

Comprehensive knowledge of the Rules of the High Court of CV/Interview Justice of the Isle of Man and of court practice and procedure or an ability to gain such knowledge

Exceptional intellectual ability, able to make incisive and CV/Interview legally sound decisions

Ability to reach decisions in court which are soundly reasoned CV/Interview and easy to follow after full consideration of implications. Able to deliver excellent ex tempore and written judgments expeditiously

Attentive listener, ensuring all parties have fair opportunity to CV/Interview present evidence and argument

Maintains authority, even when challenged; able to gain the CV/Interview confidence of others

Resilient, able to prioritise conflicting demands and act flexibly CV/Interview in high pressure situations whilst making best use of available resources.

Ability to work constructively with others (including leadership CV/Interview and management skills) 5

Personal Qualities

Acts with integrity and independence; able to demonstrate Interview integrity in all aspects of professional life

Ensures fairness and impartiality Interview

Strong understanding of people, aware of changes in wider Interview society; excellent interpersonal skills and social warmth

Mature, courteous and calm temperament Interview

Committed to continuous learning, professional development, Interview leadership and development of others

Ability to prioritise conflicting demands Interview

Ability to manage appropriately a public profile, acting as part Interview of the public face of the Isle of Man judiciary as Deemster Commitment, conscientiousness and diligence Interview

Satisfactory health record Pre-employment check

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Main Terms and Conditions of Appointment as a Panel Deemster

1. Tenure

The appointment will be made by His Excellency the Lieutenant Governor in accordance with the provisions of section 3B of the High Court Act 1991.

2. Duties

The duties of the Panel Deemster are as set out in the Job Description.

3. Remuneration

As a part-time member of the judiciary you will be employed on a fee based arrangement dependent on being asked to preside over a matter. As to the method of payment, you will be paid via the monthly BACS system following the submission of a claim subject to it being in accordance with the terms of your appointment.

You will be responsible for the timely submission of Tax Returns to the Isle of Man tax office and for online registration on the Office of Human Resources HR and Payroll system.

As a part-time Panel Deemster you would be paid for some preparation, sitting, judgment preparation and delivery of judgment at a rate approximately equivalent to that rate set by the Ministry of Justice for a part-time Deputy High Court Judge, currently £881.90 per day and £440.95 per half day, however these rates are liable to change without further notice. In calculating a day or half day, the General Registry relies upon your integrity, so that only a reasonable amount of time is spent on matters and so that claims for one day or half day are reasonable and not disproportionate to the actual time expended. If you are likely to engage in significant pre-hearing preparation which you intend to charge for you should consult with the First Deemster before undertaking such work. You will no doubt approach your judicial work in a public spirited way and with due regard to keeping remuneration and expenses to a minimum.

On days when you are sitting the daily payment will be deemed to be a payment for the whole day and no additional payment will be made for additional preparation or sitting on these days.

The work assigned to you will be at the direction, either generally or specifically, of the First Deemster and/or another judge from time to time designated by him. Panel Deemsters who are practising advocates, barristers, or solicitors need to take care not to compromise their position by taking on work from Manx Advocates. Once you have been assigned a hearing which you have accepted it must be treated as a priority and not cancelled due to other commitments. You must ensure that your clerks and those you work with are aware that in cases where you have agreed to act as a Panel Deemster there is a need to give that judicial work priority over other commitments.

4. Liaison with court administrative staff

During the course of matters before you, should you require to set a matter down for hearing, you should ensure that you liaise with appropriate court administration staff before allocating a date and time, so as to ensure clerking, court accommodation and other appropriate facilities are available.

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5. Matters which settle or vacate

Cancellation up to four weeks prior to the sitting: payment will be made based on claims submitted for any preparation work undertaken but no payment will be made for the period you were due to sit; for cancellations between four weeks and two weeks before you were due to sit you will be paid 10% of the daily rate for the period you were booked together with the preparation time based at the normal rate, subject to confirmation that you have not undertaken any other work during this period; for cancellations between two weeks and the date you were due to sit you will be paid at 25% of the daily rate for the period you were booked together with the preparation time based at the normal rate, subject to confirmation that you have not undertaken any other work during this period; if the matter either settles early or vacates on the first day you will receive payment for the days sat and 30% of the daily rate in respect of the days that were booked but you are no longer required to sit subject to confirmation that you have not undertaken any other work during this period. If other Manx judicial work can be arranged for you during this period it will be and you will be notified accordingly.

6. Travel, accommodation and subsistence for non-Isle of Man Residents

In relation to travel, accommodation and subsistence for non-Isle of Man resident Panel Deemsters, the General Registry will book the accommodation in line with policy and regulations for the period you are required to be on the Island together with flights to the Island. If you decide to bring your own vehicle the General Registry will pay the lower of either sea travel or air travel for you. The accommodation cost for the room and breakfast will be invoiced direct to the General Registry but you will be responsible for any additional expenditure incurred, including any upgrade you may seek. In the event that you stay with friends the payment will be in accordance with the prevailing Order made by the Treasury under The Payment of Members Expenses Act 1989.

Should your attendance span 2 or more working weeks, either the cost of accommodation over the weekend (in line with these terms and conditions) or the cost of return travel will be met.

Allowances for meals and incidentals will be in accordance with the prevailing Order made by The Treasury under The Payment of Members Expenses Act 1989 as applicable to Members. At the current time the subsistence amount is £38 for every 24 hour period and is based on £12 for lunch, £23 for evening meal and £3 for incidentals. Where meals are provided by the General Registry the allowance for the meal should be deducted from the subsistence claim which should be submitted with your fees claim.

7. Robes

As to robes, if you are required to be robed in court, it is the current practice that part- time judiciary use their own advocates’ robes and wigs for such court matters.

8. Duration and Termination of Appointment

It is envisaged that the appointments will be made on a five yearly basis subject to renewal. A Panel Deemster may, for good cause, be removed from office at any time by His Excellency the Lieutenant Governor.

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9. Conduct

The Panel Deemster will be expected and required to comply with established principles of judicial conduct including those outlined in the Code of Conduct for Members of the Judiciary of the Isle of Man. You must inform the First Deemster of any matter that may compromise your position as Panel Deemster as soon as you become aware of any such matter whether within or without the jurisdiction. If you are in any doubt as to your position you should consult with the First Deemster.

10. Outside Activities and Interests

While holding office the Panel Deemster must ensure that his or her conduct is of a manner consistent with the authority and standing of the appointment. The Panel Deemster must not, in any capacity, engage in any activity which might undermine, or be reasonably thought to undermine, his or her judicial independence, impartiality, integrity and character. The Panel Deemster may not undertake any task or engage in any activity which in any way limits his or her ability to discharge the judicial duties to the full. The Panel Deemster should so conduct his or her private affairs so as to minimise the possibility of conflict or embarrassment.

11. Relocation Fees and Expenses

Successful off island candidates will not be required to relocate to the Isle of Man and therefore relocation fees and expenses will not be paid.

12. Variation of Terms

These provisions may be updated, amended or varied from time to time and notification of such changes will be given.

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Selection Procedure

Application Form

You should apply for this position by completing the application form and providing a CV. You should specify your areas of expertise and the areas of work that you are particularly keen to assist with.

The form asks you about criminal records. As the position of Panel Deemster is excepted under Schedule 1 Part 2 of the Rehabilitation of Offenders Act 2001 (Exceptions) Order 2018, you are required to disclose details of any previous convictions, including any which would be considered spent under the Rehabilitation of Offenders Act 2001.

Acknowledgements

All applications for the position of Panel Deemster will be acknowledged. If you do not receive an acknowledgement to your application within 5 working days, please contact [email protected]

Selection Panel

In accordance with section 3B(1) of the High Court Act 1991 the appointment will be made by His Excellency the Lieutenant Governor, on the recommendation of the First Deemster who will chair the Selection Panel comprising some or all of the following:-

• First Deemster (Chair) – where the First Deemster is unavailable he may be represented by the Judge of Appeal • The Judge of Appeal – where the Judge of Appeal is unavailable he may be represented by the Second Deemster or such other judicial officer as may be specified by the First Deemster • Second Deemster – where the Second Deemster is unavailable he may be represented by the Deemster or High Bailiff or such other judicial officer as may be specified by the First Deemster • Deemster – where the Deemster is unavailable he may be represented by such other person as may be specified by the First Deemster • Chief Registrar

The Selection Panel will consider the application for the position and conduct the interviews.

Shortlisting

The Selection Panel will review each application against the requirements of the job description and person specification and determine a shortlist for interview. Applicants not shortlisted will be notified accordingly.

Selection

The Selection Panel will then call for interview shortlisted candidates. After interview, if appropriate, a recommendation for appointment will be made to the Lieutenant Governor. The successful candidates will be issued with a formal offer which may be subject to any outstanding pre-appointment checks.

High Court Office October 2019

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