Isle of Man High Court
Encyclopedia
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.
s. It consisted of a Chancery Division and Common Law Division with original jurisdiction, and a Staff of Government Division with appellate jurisdiction. The former summary jurisdiction of the Deemsters in contract, debt etc. was to be exercised by the Common Law Division.
The jurisdiction of the ecclesiastical courts relating to probate, administration of estates and matrimonial causes was vested in the High Court on 5 July 1884. (The court had no power to dissolve a marriage until 1938, when judicial divorce was first introduced in the Isle of Man)
The offices of First Deemster and Clerk of the Rolls were merged in 1918, and provision was made for the appointment of an English King’s Counsel
as a standing Judge of Appeal
, to sit with one Deemster to hear appeals from the other Deemster. The Governor ceased to be a judge of the Court in 1921.
The jurisdiction of the Court of Criminal Appeal, which was set up in 1921, was transferred to the Staff of Government Division of the High Court in 1 December 1969.
From 1991 the jurisdiction of the court in family matters was to be exercised by a new Family Division. A new office of Deputy Deemster was created in 2002 but abolished in 2009 (see below).
With effect from 1 September 2009 the constitution of the High Court was changed. There are now two tiers of judges:—
At the same time the separate Chancery, Common Law and Family Divisions were merged into a single Civil Division, and the procedure of the Court was reformed on similar lines to the English Civil Procedure Rules 1998
.
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
.
- the First Deemster and Clerk of the RollsDeemsterA deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
- the Second DeemsterDeemsterA deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
- a full time additional DeemsterDeemsterA deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
- the Judge of AppealJudge of AppealThe Judge of Appeal is a part time judge in the Isle of Man High Court who only sits in the Staff of Government Division, the appeal court.The position was created by the Judicature Act 1918 which also amalgamated the offices of First Deemster and Clerk of the Rolls...
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.
History
The High Court of Justice of the Isle of Man came into existence on 1 January 1884. It merged the former Courts of Chancery, Court of Exchequer, Court of the Staff of Government, Court of Common Law and Court of Admiralty and the Deemster’s Courts. Its judges were the Lieutenant Governor, the Clerk of the Rolls and the two DeemsterDeemster
A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
s. It consisted of a Chancery Division and Common Law Division with original jurisdiction, and a Staff of Government Division with appellate jurisdiction. The former summary jurisdiction of the Deemsters in contract, debt etc. was to be exercised by the Common Law Division.
The jurisdiction of the ecclesiastical courts relating to probate, administration of estates and matrimonial causes was vested in the High Court on 5 July 1884. (The court had no power to dissolve a marriage until 1938, when judicial divorce was first introduced in the Isle of Man)
The offices of First Deemster and Clerk of the Rolls were merged in 1918, and provision was made for the appointment of an English King’s Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
as a standing Judge of Appeal
Judge of Appeal
The Judge of Appeal is a part time judge in the Isle of Man High Court who only sits in the Staff of Government Division, the appeal court.The position was created by the Judicature Act 1918 which also amalgamated the offices of First Deemster and Clerk of the Rolls...
, to sit with one Deemster to hear appeals from the other Deemster. The Governor ceased to be a judge of the Court in 1921.
The jurisdiction of the Court of Criminal Appeal, which was set up in 1921, was transferred to the Staff of Government Division of the High Court in 1 December 1969.
From 1991 the jurisdiction of the court in family matters was to be exercised by a new Family Division. A new office of Deputy Deemster was created in 2002 but abolished in 2009 (see below).
With effect from 1 September 2009 the constitution of the High Court was changed. There are now two tiers of judges:—
- DeemsterDeemsterA deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
s, ie. the First Deemster and Clerk of the Rolls, the Second Deemster and the Judge of AppealJudge of AppealThe Judge of Appeal is a part time judge in the Isle of Man High Court who only sits in the Staff of Government Division, the appeal court.The position was created by the Judicature Act 1918 which also amalgamated the offices of First Deemster and Clerk of the Rolls...
, together with any additional Deemsters, full-time or part-time, who may be appointed. At present there is one full-time additional Deemster (who previously held the office of Deputy Deemster), and additional part-time Deemsters (previously called 'Acting Deemsters') are appointed from time to time to hear a particular case. - Judicial Officers: the High BailiffHigh BailiffIn the Isle of Man the High Bailiff is the head stipendiary magistrate.In Vermont, a high bailiff is a county officer.-Isle of Man:The current High Bailiff is His Worship John Needham, who took office on 30 January 2010 on the retirement of Mr Michael Moyle. Mr Needham was previously Clerk to the...
and Deputy High Bailiff, who are stipendiary magistrates, are Judicial Officers ex officio, together with any additional Judicial Officers, full-time or part-time, who may be appointed. At present there is no full-time additional Judicial Officer, but additional part-time Judicial Officers are appointed from time to time to hear a particular case.
At the same time the separate Chancery, Common Law and Family Divisions were merged into a single Civil Division, and the procedure of the Court was reformed on similar lines to the English Civil Procedure Rules 1998
Civil Procedure Rules 1998
The Civil Procedure Rules are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales...
.
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. JuriesJury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
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
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
.
In 1992 the last-ever death sentence in any court in the British Isles
British Isles
The British Isles are a group of islands off the northwest coast of continental Europe that include the islands of Great Britain and Ireland and over six thousand smaller isles. There are two sovereign states located on the islands: the United Kingdom of Great Britain and Northern Ireland and...
was pronounced by Deemster Callow
Henry Callow
Henry Callow CBE was a former Second Deemster in the Isle of Man.He began his career as a Manx advocate and was then appointed High Bailiff in 1969. After 19 years in the post, he was made Second Deemster until retiring in 1993. In 1994, he was awarded the CBE...
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
Capital punishment in the Isle of Man
The Isle of Man formally abolished capital punishment in 1993, but in practice had not used it for many decades. The Isle of Man is a British Crown dependency, but not part of the United Kingdom ....
.