Chancery procedure

Claims dealt with in the chancery procedure? | How to make a claim? | The defendant lives outside the Isle of Man, how can I serve? | Defendant served | What happens next?

The aim of this section of the website is to give you some general information about the chancery procedure and the type of claims it deals with. If the subject of your claim suggests it will be dealt with in the chancery procedure it is strongly suggested that you seek legal advice. Litigants and their advisors are expected to be familiar with the 2009 Rules of the High Court of Justice. You can view or download a copy of the 2009 Rules here or purchase a copy from the Tynwald Librabry, contact details for which can be found on the Tynwald website.

What type of claims are dealt with in the chancery procedure?

The chancery procedure is the usual procedure where the claimant is asking the court to make a decision on a question which is unlikely to involve a substantial dispute of fact. The chancery procedure mainly deals with claims of the following type:

• a claim by or against a minor or patient which has been settled before the commencement of proceedings, and the sole purpose of the claim is to obtain the approval of the court to the settlement;
• a claim for provisional damages which has been settled before the commencement of proceedings; and the sole purpose of the claim is to obtain a consent judgment;
• a claim for a summary order for possession against named or unnamed defendants occupying land or premises without the licence or consent of the person claiming possession, provided there is unlikely to be a substantial dispute of fact; and
• claims specified in Schedule 5.1 of the 2009 Rules.

How to make a claim?

To make a claim you or your legal advisor should complete form HC3 - Claim form (chancery) (Word doc) (PDF). Form HC3A - Notes for claimant (PDF) will help you fill in the claim form.

The defendant lives outside the Isle of Man, how can I serve?

If the defendant is to be served outside the Isle of Man you may need to obtain the court's permission. Use form HC8C - Application notice(permission to serve outside jurisdiction) (Word doc) (PDF) to apply to the court for service outside the Isle of Man. You should seek legal advice if you are in any doubt.

What do I, the defendant, do when I am served with a claim?

You should have received a form of acknowledgment - HC4 - Acknowledgment of service (chancery) (Word doc) (PDF) with the claim form and you ought to have also received form HC3B - Notes for defendant (PDF) which will help you to decide what to do next.

If you do not complete and return the acknowledgment of service within the period as specified in the rules, you will be allowed to attend any hearing of this claim but you will not be allowed to take part in the hearing unless the court gives you permission to do so.

What happens next?

If the court did not make directions when the claim was issued it will do so as soon as is practicable after the acknowledgment of service has been filed or the time for filing it has passed. Each party will receive notification of the directions and any hearing date.