Thomas Jefferson once stated, “every generation needs a new revolution”. In the Isle of Man rules and procedure for civil claims underwent a revision, if not a revolution, through the implementation of the 2009 High Court Rules (“the 2009 Rules”). The way in which the High Court deals with applications to vacate trial dates and amend pleadings has now changed.
September 1 2009 was an important day in the history of the Manx legal system as it was the day the 2009 Rules came into operation. The 2009 Rules are closely linked to the Civil Procedure Rules of England and Wales (the CPR) and represent a cornerstone of Manx Law. Like the CPR, they aim to provide a comprehensive procedural code to govern the conduct of all civil cases in the Isle of Man.
A new revolution
In Howell v DHSS His Honour Deemster Doyle, now her Majesty’s First Deemster and Clerk of the Roles referred to “a new culture existing under the 2009 Rules”. This new culture is due to the overriding objective, which is to enable the High Court to deal with cases justly. This includes saving expense, and dealing with the case in ways which are proportionate to the amount of money involved, the complexity of the issues, and the financial position of each party.
Some of the issues in that case were applications to vacate trial dates and late applications to amend pleadings. Deemster Doyle stated that these types of applications would be dealt with in light of the overriding objective, specified in the 2009 Rules.
Read the full article here: Unnecessary delays and costs will not be tolerated