Bankruptcy proceedings on the Isle of Man:
The Deemsters' Courts - sometimes referred to as the Courts of General Jurisdiction - were held on a weekly basis and operated in both the North and South of the Island. The Deemsters' Courts exercised a mixed original jurisdiction and via the administration of Breast Law - the Ancient Common Law of the Island - had the power to deal summarily with a wide variety of petty matters, such as: trespass, slander, minor cases of assault or battery as well as debts and contract law. That is, the Deemsters' Courts could make rulings on petty matter without empanelling a jury. While embracing common law jurisdiction for petty matters - parties could request escalation to Higher Courts to allow the matter to be heard before a judge and jury. Additionally - where stipulated by statute - serious criminal matters had to be referred to the Higher Criminal Courts.
In 1872, on the passing of the Bankruptcy Act, the Deemsters' Courts were confirmed and empowered to hear Bankruptcy proceedings with the Court of Chancery exercising appellate jurisdiction over bankruptcy rulings delivered by the Deemsters' Courts (see section 6 of 1872 Act). On the passing of the Judicature Act, 1883 the mixed original jurisdiction of the Deemsters' Courts - inclusive of Bankruptcy proceedings - was transferred to the Common Law Division of the newly formed Isle of Man High Court.
That is, on the 1883 Act's commencement, the Common Law Division became responsible for hearing both civil and criminal causes and matters which would have ordinarily been heard by the Court of Common Law, the Deemsters' Courts, the Court of Exchequer and the Court of Admiralty. The Bankruptcy Procedures Act, 1892 confirmed the role of the Common Law Division in the adjudication of bankruptcy proceedings.
'' the Court having jurisdiction in bankruptcy shall be the High Court, and such jurisdiction shall be assigned to the Common Law Division of such Court… '' - Section 3(1), Bankruptcy Procedures Act, 1892.
The panel of sitting judges for the new High Court was the Lieutenant Governor, the Clerk of the Rolls and the two Deemsters. An amendment to the Judicature Act in 1918, merged the offices of the Clerk of the Rolls and that of the First Deemster into one. This effectively reduced the sitting panel of judges for the Court. A further amendment in 1921, saw the Lieutenant Governor removed from the sitting panel of judges for the Isle of Man High Court.
The High Court Act, 1991 saw further streamlining of the composition of the High Court, which, from this point onward, comprised two divisions a Civil Division and an Appeal Division - see section 2(1). The former - which hears cases under a number of procedure mechanisms - is at the time of writing currently responsible for hearing those cases formerly heard by the Common Law and Chancery Divisions of the Isle of Man High Court.
