Latest updates

Security for costs: not always restricted to extra costs of enforcement
  • Private Client & Offshore Services
  • Isle of Man
  • September 24 2015

The Manx court recently confirmed that where security for costs orders is appropriate, the amount ordered will not always be restricted to a sum representing the extra costs incurred in enforcing an order in the jurisdiction in which the claimant is resident or in which assets are situated.

Revocation of winding-up orders and development of common law
  • Private Client & Offshore Services
  • Isle of Man
  • September 03 2015

The Isle of Man Appeal Court recently addressed important issues in relation to the company and insolvency laws and the powers of judges to create and develop principles of common law in order to serve the interests of justice. The court concluded that it has an inherent jurisdiction at common law to review, rescind or vary a winding-up order where such an order is necessary in the interests of justice.

Dental negligence and material contribution to psychiatric damage
  • Healthcare & Life Sciences
  • Isle of Man
  • August 05 2015

The High Court recently found that psychiatric damage allegedly caused by negligent dental treatment passed the material contribution causation test. It found that the dental negligence had worsened the claimant's depression. The court accepted that a significant reduction should be made in the compensatory sum to allow for the causative contribution to the claimant's depressive illness and its pre-existing nature.

Dental negligence and material contribution to psychiatric damage
  • Private Client & Offshore Services
  • Isle of Man
  • July 30 2015

The High Court recently found that psychiatric damage allegedly caused by negligent dental treatment passed the material contribution causation test. It found that the dental negligence had worsened the claimant's depression. The court accepted that a significant reduction should be made in the compensatory sum to allow for the causative contribution to the claimant's depressive illness and its pre-existing nature.

Tribunal confirms statutory exclusions trump employment contract arrangements
  • Private Client & Offshore Services
  • Isle of Man
  • April 02 2015

The Isle of Man Employment Tribunal has reiterated that employment contract provisions regarding law and jurisdiction do not override jurisdictional limits set by employment protection legislation. The parties in question had agreed by contract to submit to Manx law and jurisdiction and, as such, to abide by the restrictions set out in their chosen law.

Bilbo Baggins and third-party disclosure orders
  • Private Client & Offshore Services
  • Isle of Man
  • March 26 2015

In satellite proceedings arising out of a Californian dispute, the Isle of Man High Court was asked to assess whether the local entity producing the disclosure was entitled to its costs. The court held that it was impossible to conclude that this party was wrong or unjustified in how it dealt with the claimants' application. As no unreasonable conduct was found, the claimants were required to pay its legal costs.

Tribunal confirms statutory exclusions trump employment contract arrangements
  • Employment & Benefits
  • Isle of Man
  • March 25 2015

The Isle of Man Employment Tribunal has reiterated that employment contract provisions regarding law and jurisdiction do not override the jurisdictional limits set by employment protection legislation. The parties in question had agreed by contract to submit to Manx law and jurisdiction and, as such, to abide by the restrictions set out in their chosen law.

Bilbo Baggins and third-party disclosure orders
  • Litigation
  • Isle of Man
  • March 24 2015

In satellite proceedings arising out of a Californian dispute, the Isle of Man High Court was asked to assess whether the local entity producing the disclosure was entitled to its costs. The court held that it was impossible to conclude that this party was wrong or unjustified in how it dealt with the claimants' application. As no unreasonable conduct was found, the claimants were required to pay its legal costs.

Resisting security for costs order – clear evidence required
  • Private Client & Offshore Services
  • Isle of Man
  • February 05 2015

The Isle of Man appellate court has found that an appeal court may decline to order security for costs against a non-resident appellant where there is unequivocal evidence that to do so would stifle its appeal. However, if the appellant cannot show such evidence, then security for costs may be granted.

Resisting security for costs order – clear evidence required
  • Litigation
  • Isle of Man
  • February 03 2015

The Isle of Man appellate court has found that an appeal court may decline to order security for costs against a non-resident appellant where there is unequivocal evidence that to do so would stifle its appeal. However, if the appellant cannot show such evidence, then security for costs may be granted.

Directors' duties relating to confidential information post-termination of office
  • Company & Commercial
  • Isle of Man
  • February 02 2015

A recent decision of an English court has clarified the position regarding the duties of directors holding confidential company information after their directorship has ceased. The consequences of this decision will likely be felt on the Isle of Man, which has a significant corporate services industry. Thus, this decision will interest the many professionals engaged in the provision of director services.

Directors' duties relating to confidential information post-termination of office
  • Private Client & Offshore Services
  • Isle of Man
  • January 29 2015

A recent English court decision has clarified the position regarding the duties of directors holding confidential company information after their directorship has ceased. Consequences of the decision will be felt on the Isle of Man. The Isle of Man has a significant corporate services industry and this decision will interest the many professionals engaged in the provision of director services.

How newly obtained information affects unfair dismissal time limit
  • Employment & Benefits
  • Isle of Man
  • January 28 2015

The Employment Tribunal has found that where a dismissed employee gains new information relevant to a claim after dismissal, it will not be enough to permit a late tribunal application unless the claimant satisfies a three-prong test. The tribunal reiterated that the claimant has the burden of proof to establish that it was not reasonably feasible to lodge the claim in time.

How newly obtained information affects unfair dismissal time limit
  • Private Client & Offshore Services
  • Isle of Man
  • January 22 2015

The Employment Tribunal has found that where a dismissed employee gains new information relevant to a claim after dismissal, it will not be enough to permit a late tribunal application unless the claimant satisfies a three-prong test. The tribunal reiterated that the claimant has the burden of proving that it was not reasonably feasible to lodge the claim in time.

New equality legislation pending in Isle of Man
  • Employment & Benefits
  • Isle of Man
  • January 21 2015

The Isle of Man is considering a new Equality Bill designed to update discrimination laws and expand the protected characteristics in relation to employment. It is proposed that rights will be enforced by widening the remit of the existing Employment Tribunal and renaming it the Employment and Equality Tribunal. The business community will need to take steps to comply with the new legislation.

New equality legislation pending in Isle of Man
  • Private Client & Offshore Services
  • Isle of Man
  • January 15 2015

The Isle of Man is considering a new Equality Bill designed to update discrimination laws and expand the protected characteristics in relation to employment. It is proposed that rights will be enforced by widening the remit of the existing Employment Tribunal and renaming it the Employment and Equality Tribunal. The business community will need to take steps to comply with the new legislation.

Witness wellbeing on cross-examination – a matter for the court
  • Private Client & Offshore Services
  • Isle of Man
  • December 11 2014

The Isle of Man High Court recently held that it is for the court to decide whether a witness is well enough to continue giving evidence. Giving evidence can be stressful, and it is an important practical factor to consider pre-trial. Lawyers should explain to clients the ramifications of taking a dispute to trial, particularly when vulnerable witnesses are involved.

Untraceable beneficiaries and payments into court
  • Private Client & Offshore Services
  • Isle of Man
  • October 09 2014

The Isle of Man High Court recently determined whether it is permissible to pay trust moneys into court in circumstances where the beneficiaries to those trust moneys cannot be located. The ruling reinforces the general principle that payments into court by trustees are ordinarily expressly discouraged but can be made under exceptional circumstances.

Widening of 'worker' status has immediate impact in Isle of Man
  • Private Client & Offshore Services
  • Isle of Man
  • August 14 2014

The engagement of self-employed professionals has become more complex because of recent clarification regarding certain self-employed people enjoying worker status under the law. Following an English decision which broadened the interpretation of 'worker' in employment legislation, partnerships and professional businesses in the Isle of Man will need to take care in regard to their staffing practices and procedures.

Widening of 'worker' status has immediate impact in Isle of Man
  • Employment & Benefits
  • Isle of Man
  • August 13 2014

The engagement of self-employed professionals has become more complex because of recent clarification regarding certain self-employed people enjoying worker status under the law. Following an English decision which broadened the interpretation of 'worker' in employment legislation, partnerships and professional businesses in the Isle of Man will need to take care in regard to their staffing practices and procedures.