Powers of Court Small Claims Clerks

Summary

The requester asked if Small Claims Clerks can issue High Court directions without a prior Court Order and requested statistics on how often this occurred in 2025. The General Registry clarified that clerks act under judicial instruction but stated they do not record the number of such emails sent.

Key Facts

• Court clerks are officers of the court who discharge duties under the direction of a Deemster or Judicial Officer.
• Emails containing case management directions are sent by clerks at the specific instruction of the presiding Deemster or Judicial Officer.
• The General Registry does not record the number of emails sent by court clerks containing case management directions.
• The request was received on 30 June 2025 and the response was issued on 13 July 2025.
• The outcome of the request is classified as 'Information not held' regarding the specific statistics requested.

Data Disclosed

• 2025
• 30 June 2025
• 13 July 2025
• 4764813
• 01624 685979

Original Request

Dear Sir Please advise if Isle of Man Small Claims Clerks have the power and indeed the authority, to issue court directions to parties in the Isle of Man High Court of Justice, without any prior Court Order or any evidence of a Court Order being made . For example can a small claims clerk just email parties in cases in the Isle of Man High Court by email , giving directions without and evidence of a court order being issued concerning the directions . I am surprised administrative clerks have such powers , to issue court directions, without court orders and it would appear a very irregular way for a court of law to operate . However if I could have a response into the above and be advised how many times in 2025 has a Small Claims Clerk issued High Court directions to parties , without a court order from a Deemster. Kind regards

Data Tables (1)

Full Response Text

General Registry Oik- Recortyssee Chief Registrar
Stuart Quayle

Isle of Man Courts of Justice Deemsters Walk, Bucks Road Douglas, Isle of Man IM1 3AR

Telephone:
(01624) 685979 Email: DPO- GenReg@gov.im

Our ref: 4764813 13 July 2025

Dear ####

We write further to your request received 30 June 2025, which states:

"Dear Sir

Please advise if Isle of Man Small Claims Clerks have the power and indeed the authority, to issue court directions to parties in the Isle of Man High Court of Justice, without any prior Court Order or any evidence of a Court Order being made .

For example can a small claims clerk just email parties in cases in the Isle of Man High Court by email , giving directions without and evidence of a court order being issued concerning the directions .

I am surprised administrative clerks have such powers , to issue court directions, without court orders and it would appear a very irregular way for a court of law to operate .

However if I could have a response into the above and be advised how many times in 2025 has a Small Claims Clerk issued High Court directions to parties , without a court order from a Deemster.

Kind regards

"

Our response:

'All clerks within the court office are officers of the court and discharge their duties under the direction of the Deemster or Judicial Officer as and when required.

When court clerks send an email containing case management directions to parties to court cases they are doing so at the instruction of the Deemster/Judicial Officer presiding over the case.

We do not record the number of emails sent by court clerks containing case management directions.'

Please quote the reference number 4764813 in any future communications.

Your right to request a review

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An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

Yours sincerely

FOI Co-ordinator