ArticleSpreadex v. CochraneThe English High Court has recently ruled that an online betting operator could not recover £50,000 on loss-making trades allegedly made by a customer's girlfriend's five year old son.Isle of ManLitigation, Mediation & ArbitrationAppleby
ArticleAppeal Court Confirms Strike Out PrinciplesLast year, leading offshore law firm DQ Advocates reported on the Isle of Man High Court's judgment in the case of The Slegaby Estate Limited and Samuel George Alder v Lloyds Bank International Limited.Isle of ManLitigation, Mediation & ArbitrationDQ Advocates
ArticleThe Tests For Summary Judgment And Strike Out – A Timely Reminder From The Courts That This Is A High Bar To MeetWhilst the law surrounding summary judgment and strike out is well trodden and extensively documented, two recent cases involving the Simcocks Dispute Resolution team have served as a timely reminder from the Manx courts ...Isle of ManLitigation, Mediation & ArbitrationSimcocks
ArticleWithout Prejudice – Understanding What It MeansLawyers and non-lawyers frequently head communications with the phrase, "without prejudice".Isle of ManLitigation, Mediation & ArbitrationSimcocks
ArticleShipping And Yacht Registration And Management In The Isle Of ManIsle of ManLitigation, Mediation & ArbitrationErnst & Young
ArticleDoes An Advocate Owe A Duty Of Care To A Third Party?This case deals with three main issues; (1) the duty of care of an advocate to a third party, (2) amendments to Particulars of Claim and (3) the test when seeking leave to appeal to the Privy Council.Isle of ManLitigation, Mediation & ArbitrationSimcocks
Article"Hirco v Hiranandfani" – The Isle Of Man Is The Correct ForumHis Honour Deemster Doyle delivered his judgment in Hirco v Hiranandani , in which the issue was whether the Isle of Man was the appropriate forum for the trial.Isle of ManLitigation, Mediation & ArbitrationSimcocks
ArticleIs It A Hopeless Case?A discussion on the fact that applications for strike out are being increasingly used in the civil litigation process as a means to test, at an early stage, the courts view of the merits of a claim.Isle of ManLitigation, Mediation & ArbitrationSimcocks
ArticleMorrisons: The UK Supreme Court Clarifies And Limits The Scope Of Vicarious Liability In A Welcome Relief To BusinessesThe law on vicarious liability has recently been the subject of an important United Kingdom Supreme Court judgment which has limited its scope, providing a welcome relief for employers who would...Isle of ManLitigation, Mediation & ArbitrationDQ Advocates
ArticleThe Test For Professional Negligence Claims: A Departure From BolamA 2016 case has marked a departure by the Courts from the usual standard of care imposed upon a financial advisor when advising clients. Isle of ManLitigation, Mediation & ArbitrationDQ Advocates
ArticleWitness In Fear Of TestifyingIn R v Crellin Crim 2012/32 the High Court was asked to admit as hearsay evidence the statement of a witness who through fear would not give evidence.Isle of ManLitigation, Mediation & ArbitrationSimcocks
ArticleCourt Confirms Law On Res Judicata And Abuse Of ProcessThe claim followed the conclusion of two years of litigation (ORD 12/0035 & ORD 12/0034) between the parties in respect of the Bank's contractual claim for amounts owed by TSEL to the Bank pursuant to certain business loans.Isle of ManLitigation, Mediation & ArbitrationDQ Advocates
ArticlePleading For Relief From Sanctions – The Failure To Provide EvidenceThe Rules of the High Court 2009 brought in a new regime for the conduct of Civil Litigation on the Isle of Man.Isle of ManLitigation, Mediation & ArbitrationSimcocks
ArticleDispute ResolutionWhether dealing with a multinational corporation or a private client, the dispute resolution department adopts a commercially realistic approach to bring each case to an efficient and practical conclusion.Isle of ManLitigation, Mediation & ArbitrationSimcocks
ArticleA Brief Summary Of Limitation Periods In The Isle Of ManWhilst it is always advisable to try and resolve matters by agreement outside of formal court action, it is important to be aware that Isle of Man law imposes certain limitation periods...Isle of ManLitigation, Mediation & ArbitrationDQ Advocates
ArticleBreaking New Ground – A Different Way Of Determining Jurisdiction In The Manx CourtsMr Mercer had been a competitor at the 2018 TT motorcycle races when he was involved in a collision with a course car, resulting in personal injuries of a relatively severe nature.Isle of ManLitigation, Mediation & ArbitrationSimcocks
ArticleGuide To Freezing Orders In The Isle Of ManA freezing order (sometimes referred to as a freezing injunction) is an interim measure granted by a court to prevent a person from being able to dispose of or deal with their assets before a judgment has been enforced.Isle of ManLitigation, Mediation & ArbitrationAppleby
ArticleGross Negligence, Negligence And Other PhrasesGross negligence is a civil law concept that has been imported into the common law. Isle of ManLitigation, Mediation & ArbitrationSimcocks
ArticleAn Explanatory Note On Security For Costs ApplicationsA defendant who is engaged in litigation, but feels the claimant may be unable to satisfy any costs order made against him may, in certain circumstances, apply to the court for an order for security for costs.Isle of ManLitigation, Mediation & ArbitrationSimcocks
Article"Unnecessary Delays And Costs Will Not Be Tolerated"Thomas Jefferson once stated, "every generation needs a new revolution". Isle of ManLitigation, Mediation & ArbitrationSimcocks