The courts structure

Civil Divisions: | Family Division | Staff of Government (Appeal Division)

The origins of Manx law are to be found in the Kingdom of Mann and the Isles, established by the Vikings in the tenth century. The ancient customary law of the Island derives from this period. Since 1765, English influence on Manx Law, directly or indirectly, has been so overwhelming that only a few remedies peculiar to the Isle of Man remain, such as:

• doleance;
• doleance;
• trespass, jury; and
• landlords and arrest for rent.

However, Manx Law remains separate and distinct from the law of England and Wales and the administration of justice in the Isle of Man is conducted by an independent court system.

The High Court of Justice of the Isle of Man

The High Court exercised both original and appellate jurisdiction on the Island. Under the High Court Act 1991, the High Court consists of:-

Civil Divisions:

Ordinary procedure

• Usually where any claim has a financial value of over £100,000 or where the financial value is to be decided by the Court.

Summary procedure

• Usually where any claim has a financial value between £10,001 and £100,000 and for personal injury claims between £5,000 and £100,000.

Small claims procedure

• Usually where any claim has a financial value of £10,000 or less and for personal injury claims of £5000 or less.

Chancery procedure

• Admission of the estates of deceased persons;
• dissolution of partnerships etc;
• raising of portions or other charges on land;
• sale and distribution of the proceeds of property subject to any lien or charge;
• execution of trusts, charitable or private;
• rectification, setting aside or cancellation of deeds or other written instruments;
• specific performance of contracts respecting real estate;
• partition or sale of real estate;
• care and custody of persons suffering from mental illness and care or their estates;
• winding up of companies; and
• receivership of companies.

Family Division

• Divorce;
• adoption; and
• family related matters.

Staff of Government (Appeal Division)

• All appeals from any of the other divisions of the higher or other courts.