CODE OF CIVIL PROCEDURE IN THE ISLE OF MAN

This article will provide guidance on the Code of Civil Procedure in the Isle of Man. Between Great Britain and Ireland in the Irish Sea lies the self-governing Crown Dependency of the Isle of Man. Charles III is the Lord of Mann and is represented as head of state by a Lieutenant Governor. The British government is in charge of the isle's military defense and acts as the country's diplomatic representative.

The Rules of the High Court of Justice of the Isle of Man 2009 (the Rules) are the primary set of procedural rules regulating commercial litigation on the Isle of Man. The overarching goal of the Rules is to deal with matters equitably and justly, comparable to the CPR in England and Wales.

It is important to accurately ensure that the method by which one party (such as a defendant), court, or administrative body exercising jurisdiction over another person is formally notified of the pending legal action against that person and given an opportunity to respond is done through a trustworthy avenue. A process server in the Isle of Man delivers a bundle of court papers (called "process") to the addressee in order to provide them with notice. This task is always further complicated through international channels. Consequently, engaging a private Isle of Man process service agency is preferable to ensure that your documents are served efficiently and securely.

BACKGROUND

Though the Rules establish the overall schedule, the court has significant leeway via its case management powers to set specific deadlines for each phase of the litigation process, taking into account the complexity of the case. As a practical matter, the duration of the procedures will be determined by the complexity of the issue at hand, the need for interlocutory hearings, and the filing of any appeals. It might take nine to twelve months for a routine claim to be resolved. The High Court will expeditiously schedule and hear urgent interim petitions.

The statute of limitations for commercial claims based on breach of contract, tort, or trust is six years from the date on which the cause of action accrued; for breach of fiduciary duty, the statute of limitations is six years from the date of the relevant act or omission, or three years from the date of knowledge, whichever is later.

The Isle of Man does not have its Pre-Action Protocols. The actions taken by the parties before any litigation was filed are still significant, nevertheless. Pre-action behavior will be investigated, for example, if the court is issuing an award as to costs and exercising discretion under the legislation.

PRE-ACTION PROCEDURE IN THE ISLE OF MAN

The Isle of Man does not have its Pre-Action Protocols. The actions taken by the parties before any litigation was filed are still significant, nevertheless. A claim form and particulars of the claim laying out the cause(s) of action and remedies sought are filed to initiate commercial proceedings. There are a variety of court forms that must be employed depending on the nature of the claim being filed. The claim form is the initial ‘statement of the case,’ It contains the claimant's preferred venue, the names and addresses of the parties, a synopsis of the claim, and a description of the relief sought. The deadline for serving the defendant with the claim form is four months from the day it was issued.

Claims must be served when the court has issued the claim form. The defendant or, if one has been nominated and directed to accept service, the defendant's advocate must be served. On the Isle of Man, the Claim Form must be served by the Coroner, who acts as a substitute for a process server. A growing number of jurisdictions have adopted legislation enabling services through email or social media platforms. The court must first acquire an order for service beyond the jurisdiction of the Isle of Man in order to serve a defendant who does not live within the jurisdiction.

In cases where there is a question of jurisdiction, the court will usually rule on that question first. When a case involves parties with Isle of Man addresses, the High Court will usually have jurisdiction. While Isle of Man law is usually applied to the Isle of Man claims, the Isle of Man High Court will usually (but not always) give effect to a contractual choice of law provision stating otherwise. The Court will look at the case details and other considerations to determine whether or not it has jurisdiction. The Isle of Man High Court may need appropriate expert testimony to help with any foreign question of law if it must determine the law of a foreign jurisdiction.

A question of jurisdiction complicates the requirements for the service of process. At Undisputed Legal, we ensure that your documents comply with the court requirements of both the originating and the receiving court. While international service of process is never as sure as domestic, owing to the numerous variables that service will entail overseas, we at Undisputed Legal are experienced and familiar with the legal requirements for your papers. We will ensure that your documents adhere to service timelines.

SCHEDULE OF PROCEEDINGS IN THE ISLE OF MAN

A defendant who wishes to oppose proceedings must submit a defense and any counterclaim within fourteen days after serving the particulars of the claim (or within twenty-eight days if an acknowledgment of service has been filed). A voluntary extension by the parties, up to twenty-eight days, must be reported to the court. Within fourteen days of being served with a defense, the claimant may also submit a defense to the counterclaim. A different set of regulations governs Chancery Procedure, and the claim form is often the sole filing filed unless the Court otherwise orders.

Once the pleadings have been filed, the parties will agree on a schedule of the next steps that must be taken before the case may go to trial. The first step in complying with these rules is for the parties to exchange lists of pertinent documents that must be provided. The next step is to submit and serve witness statements, which may include expert testimony, followed by the filing and service of skeletal arguments outlining the legal arguments and supporting authority. A sample set with page numbers may be created for review on a schedule both parties approve. Depending on the intricacy of the case, the process might take anywhere from six months from the closure of pleadings to a year or more before trial.

FILING OF A CLAIM IN THE ISLE OF MAN

A document must be considered filed at the moment it is provided if it is delivered to the public counter of the court office during the hours that the court office is open. A document may be served in person, by mail, or by placing the document at a designated location. A party is responsible for serving its documents. If the court directs service of a document that a party created, that party should file a copy with the court, make copies for the other parties, and pay any fee required for such service. A party is responsible for serving any order made by the court at the other party's request unless the court specifies that the court itself will serve the order.

When a court acts on its initiative and issues an order, it will be served by the court unless the court specifically directs that a certain party serve the order. When a party requests a hearing, the court will tell that part of the hearing's date, time, and location, and the party will then notify everyone else who needs to be informed. Suppose the court sets a hearing date on its initiative. In that case, it is responsible for notifying all parties and interested parties of the date, time, and location of the hearing unless the court specifically directs that a particular party or interested party notify a particular person or entity.

WHO CAN SERVE YOUR PAPERS

Except when a court order requires personal service, a document must be served on an advocate where the advocate has been authorized to accept service on behalf of a party, and the party or the advocacy has informed the party serving the document that the advocate is so authorized. The definition of ‘service of process’ involves physically delivering a document to a specific recipient. To personally serve a business or other corporation, you must leave the document with an executive of the company.

A party must provide a service address within the jurisdiction. Suppose a party does not include the office of an attorney as their address for service and maintains a place of abode or conducts business within the jurisdiction. In that case, the party must list the location where they may be served. Any document required to be served must be sent or communicated to, or left at, the address for service indicated by the party to be served and may be done so by mail, by leaving it at the place of service, or by fax or other means of electronic communication.

The court may issue an order authorizing service by a mode not allowed by these Rules if it finds good cause. Claim forms may be served on a defendant represented by an advocate by leaving them at the advocate's business address. Suppose a claim form containing only a claim in respect of a particular contract is issued, and that contract contains a term providing that a claim form may be served by a method specified in the contract. In that case, the claim form shall be deemed to have been served on the defendant if served by the method specified in the contract.

This requires authorization to serve documents outside the jurisdiction before they may be served on a defendant. If the claim form is served outside of the jurisdiction in line with the contract, service will not be regarded to have occurred.

OUT-OF-STATE SERVICE IN THE ISLE OF MAN

The Isle of Man has ratified the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (20 UST361). Most of the world's developed nations are signatories to this, the most well-known service of process convention. The vast majority of courts have ruled that service performed outside of the treaty processes is null and void. They have warned that "consequences will result" from not using the Convention. Even so, procedures vary from nation to country in a treaty. It is up to each nation to decide which parts of the treaty will be upheld and which will be nullified, whether or not translations will be necessary, and into what languages such translations will need to be done. Consequently, it is imperative to involve the services of an experienced process server, like those at Undisputed Legal.

Written evidence must be submitted with an application for permission, including the grounds on which the application is made, that the claimant believes that their claim has a reasonable prospect of success, and the address of the defendant or, if unknown, in what place, territory, or country the defendant is or is likely to be, found. The written evidence must also state the basis on which the witness believes that there is between the claimant and the person on whom the claim form has been, or will be, served a real issue which it is reasonable for the court to try where the application is made in respect of a claim referred to.

Where a defendant is located in a state that is a party to the Hague Convention, service of process may be made on the defendant either through the authority designated under the Hague Convention in respect of that state or if the law of that state permits it, either through the judicial authorities of that state or through a British Consular authority in that state. The claimant must also submit a request for service of the claim, a copy of the claim form, and any other documents, copies of documents, or translations required. A court official must affix a seal to the claimant's copy of the claim form and deliver the claimant's papers to a judge upon receipt.

Where a request for service is filed, the judge shall cause the documents to be forwarded to the appropriate authority in the country concerned, along with a request that it arranges for the claim to be served by the method indicated in the request for service filed or) where that request indicates alternative methods, by the most convenient method.

The Foreign and Commonwealth Office will provide a certificate upon request as proof that a claim form was served on the required date under this regulation. In the absence of evidence to the contrary, a document that claims to be a certificate must be accepted as genuine. A translation of the claim form must be submitted with each copy of the claim form filed. If there is more than one official language in the nation where the claim form is to be served, then the translation must be done in the official language of the location in the country where the claim form is to be provided. All translations submitted must be accompanied by a statement from the translator attesting to their accuracy.

Though we are unable to complete the paperwork on your behalf, we can guide you through the procedure. When serving in a Hague Convention country, you may rely on us to help you compile the necessary paperwork for submission to the Central Authority. The proper courts in countries that are not members of the Hague Convention will be consulted if you are unable to operate inside the Convention itself. Working on a global scale takes a lot of time. When you engage with Undisputed Legal, you can be certain that your job will be done efficiently and by people who know how things are done.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; All documents are received by our receptionist.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN THE ISLE OF MAN

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Isle of Man process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. In fraud, deception, or error, the due date may be extended. Claims for purely equitable remedies may be precluded under the equitable notion of laches.

2. Children and patients are subject to different regulations regarding service.

3. When acknowledging service, defendants must state whether the allegation is conceded or challenged. Alternatively, Defendants may state whether or not they challenge the High Court's jurisdiction over the claim by filing a motion to dismiss. To challenge the court's authority, a party has fourteen days from the date of service to file a petition.

4. Spiliada Maritime Corp. v. Cansulex Limited [1987] AC 460, a landmark case, is also followed by the Isle of Man High Court.

5. In the types of cases specified by the Rules, it may issue an order for service to be made.

6. The Structure of Legal Documents 2.16 (RHC 49, PD5)

(1) All documents prepared by a party for filing or use in court must — (a) be on A4 paper of durable quality, with a blank margin not less than 25mm all around; (b) be fully legible; (c) be produced by one or more of the following methods — I printing (including laser or inkjet printing); (ii) typewriting (not a carbon copy); and (iii) handwriting (in the small claims procedure only); and (d) where possible

(2) The following title of the proceedings shall appear on every such document:

(a) a heading, such as ‘In the High Court of Justice of the Isle of Man Civil Division Chancery Procedure’; (b) a description of the claim, such as ‘Application under Partition Act 1931’ or ‘or as the case may be’); and (c) a list of the parties to the proceedings, as described in Part 3 or another rule.

7. If a document is sent to the courthouse, it will be considered filed at noon on the day it is mailed if the courthouse is open or at 9 a.m. on the following day if it is closed.

8. An application for an order permitting service by an alternative method —

a) must be supported by evidence stating

the reason why an order for an alternative method of service is sought, and
what steps have been taken to serve by other permitted means;

(b) must specify the alternative method proposed and the grounds for proposing it; and

9. A certificate issued by a British Consular authority in the country where the claim form was served; or

the government or judicial authorities in that country; or
any other authority designated in the claim form stating that the claim form was served in accordance with this rule, either personally or in accordance with the law of the country in which service was effected.