Isle of Man High Court
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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 is President of the High Court and has responsibility for the distribution of the work of the High Court. The Judge of Appeal, a part-time appointment, can only sit in the Appeal Division. Unless the parties otherwise consent, the quorum of the Appeal Division is at least two judges of the High Court. A Deemster may not sit on an appeal from his own judgment or order. At present there is a panel of Acting Deemsters, who may be called upon to assist in the discharge of the business of the High Court.
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[edit] History
The Judicature Act 1883 created the High Court of Justice of the Isle of Man and provided that the judges of the High Court should be the Lieutenant Governor, the Clerk of the Rolls and the two deemsters. By the Judicature (Amendment) Act 1918 the offices of First Deemster and Clerk of the Rolls were amalgamated and a new judicial officer, the Judge of Appeal, became a judge of the High Court. By the Judicature (Amendment) Act 1921 the Lieutenant Governor ceased to be a Judge of the High Court.
The High Court Act 1991 provided that the First Deemster, the Second Deemster and the Judge of Appeal shall be the judges of the High Court and that the Judge of Appeal must be an English barrister and a Queen’s Counsel.
[edit] Civil Division of the High Court
[edit] Chancery Division
There are two types of proceedings within the Chancery Division:
- Chancery Petitions - relating in particular to trust law and company law.
- Chancery Actions - relating in particular to injunctions, declarations and certain claims for compensation.
Matters in the Chancery Division will normally be currently dealt with by the First Deemster.
[edit] Common Law Division
There are five classes of business within the Common Law Division namely:
- Summary Business - claims for specified amounts, disputes over tenancies, and enforcement of monetary orders.
- Testamentary Business - Probate of wills and administration of estates of deceased persons.
- Bankruptcy Business.
- Superior Business - in particular claims for damages.
- Admiralty Business - claims relating to ships.
Matters in the Common Law Division will normally be dealt with by the First Deemster, except for Summary Business which will normally be dealt with by the Deputy Deemster.
[edit] Family Division
The business of the Family Division covers such matters as:
- Divorce and ancillary matters
- Children
- Adoptions
- Domestic Violence
Matters in the Family Division will normally be dealt with by the Deputy Deemster with assistance from the Second Deemster.
[edit] Court of General Gaol Delivery
All serious crimes on the Isle of Man are tried in the Court of General Gaol Delivery. The Second Deemster normally sits as the judge. This court is not formally part of the High Court, but is administered as though it were part of the High Court. The Court deals with all criminal matters where defendants have been committed for trial or sentence by a court of summary jurisdiction. Juries are normally composed of seven persons (unlike the usual 12 in England or 15 in Scotland). The equivalent court in England and Wales is the Crown Court.
In 1992 the last-ever death sentence in any court in the British Isles was pronounced by Deemster Callow upon Anthony Teare for murder (although a sentence of life imprisonment was subsequently imposed following a retrial). See also: Capital punishment in the Isle of Man.
[edit] Staff of Government Division
This is the Appeal Division and it hears appeals from the courts of summary jurisdiction, and other Divisions of the High Court. Unless the parties otherwise consent, the quorum of the Appeal Division is at least two judges of the High Court. A Deemster may not sit on an appeal from his own judgment or order.
