Isle of Man - Attachment of Assets
Peter J. Taylor, Simcocks Advocates. Admitted 2010 Isle of Man; called to the Bar of England and Wales 2008.
Originally from Attachment of Assets
Prior to answering the set questions it is appropriate to explain the constitutional position of the Isle of Man.
The Isle of Man is an entirely separate legal jurisdiction to that of the United Kingdom. It is not part of the realm of the United Kingdom nor is it governed by the laws of the United Kingdom. It is a Crown Dependant Territory and the Queen is acknowledged as the head of state. The Queen is represented on the Island by a Lieutenant Governor. Law making and governance is through the Island’s Parliament called Tynwald (In 1979 it celebrated its one thousandth anniversary and is the oldest continual parliament in the world).
It is therefore important to understand that Judgments granted in the United Kingdom are foreign Judgments and do not give Creditors an automatic right to enforce them in the Isle of Man.
Application of United Kingdom Law to the Isle of Man
Whilst the Isle of Man is a separate jurisdiction from the United Kingdom the Government of the United Kingdom still retains responsibility for the Island’s defence and external relations. Therefore, any international treaties or agreements which the United Kingdom become signatories to, are either extended to the Isle of Man through an Order of the Sovereign acting through the Privy Council or Tynwald enacts laws to meet the same obligation as the United Kingdom.
Use of Precedents
The Island is a compact Jurisdiction with an extensive library of reported case law. As a matter of practice reference is invariably made to the decisions of Courts of England and Wales and reference can be made to other Common Law jurisdictions particularly those who share the Privy Council as the ultimate Appellant Court for the jurisdiction, in arguments before Manx Courts. The general principle of legal precedents applying in the Isle of Man is that decisions of English courts, in particular the House of Lords (having the same composition as the Privy Council) and the Court of Appeal, are not binding but are of high persuasive authority, and should generally be generally be follow unless: