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M&P Legal | Isle of Man | 30 Jul 2015

Dental negligence and material contribution to psychiatric damage

The High Court recently found that psychiatric damage allegedly caused by negligent dental treatment passed the material contribution causation test. It found that the dental negligence had worsened the claimant's depression. The court accepted that a significant reduction should be made in the compensatory sum to allow for the causative contribution to the claimant's depressive illness and......
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M&P Legal | Isle of Man | 2 Apr 2015

Tribunal confirms statutory exclusions trump employment contract arrangements

The Isle of Man Employment Tribunal has reiterated that employment contract provisions regarding law and jurisdiction do not override jurisdictional limits set by employment protection legislation. The parties in question had agreed by contract to submit to Manx law and jurisdiction and, as such, to abide by the restrictions set out in their chosen law.
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M&P Legal | Isle of Man | 26 Mar 2015

Bilbo Baggins and third-party disclosure orders

In satellite proceedings arising out of a Californian dispute, the Isle of Man High Court was asked to assess whether the local entity producing the disclosure was entitled to its costs. The court held that it was impossible to conclude that this party was wrong or unjustified in how it dealt with the claimants' application. As no unreasonable conduct was found, the claimants were required to......
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M&P Legal | Isle of Man | 25 Mar 2015

Tribunal confirms statutory exclusions trump employment contract arrangements

The Isle of Man Employment Tribunal has reiterated that employment contract provisions regarding law and jurisdiction do not override the jurisdictional limits set by employment protection legislation. The parties in question had agreed by contract to submit to Manx law and jurisdiction and, as such, to abide by the restrictions set out in their chosen law.
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M&P Legal | Isle of Man | 24 Mar 2015

Bilbo Baggins and third-party disclosure orders

In satellite proceedings arising out of a Californian dispute, the Isle of Man High Court was asked to assess whether the local entity producing the disclosure was entitled to its costs. The court held that it was impossible to conclude that this party was wrong or unjustified in how it dealt with the claimants' application. As no unreasonable conduct was found, the claimants were required to......
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M&P Legal | Isle of Man | 5 Feb 2015

Resisting security for costs order – clear evidence required

The Isle of Man appellate court has found that an appeal court may decline to order security for costs against a non-resident appellant where there is unequivocal evidence that to do so would stifle its appeal. However, if the appellant cannot show such evidence, then security for costs may be granted.
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M&P Legal | Isle of Man | 3 Feb 2015

Resisting security for costs order – clear evidence required

The Isle of Man appellate court has found that an appeal court may decline to order security for costs against a non-resident appellant where there is unequivocal evidence that to do so would stifle its appeal. However, if the appellant cannot show such evidence, then security for costs may be granted.
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M&P Legal | Isle of Man | 28 Jan 2015

How newly obtained information affects unfair dismissal time limit

The Employment Tribunal has found that where a dismissed employee gains new information relevant to a claim after dismissal, it will not be enough to permit a late tribunal application unless the claimant satisfies a three-prong test. The tribunal reiterated that the claimant has the burden of proof to establish that it was not reasonably feasible to lodge the claim in time.
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M&P Legal | Isle of Man | 22 Jan 2015

How newly obtained information affects unfair dismissal time limit

The Employment Tribunal has found that where a dismissed employee gains new information relevant to a claim after dismissal, it will not be enough to permit a late tribunal application unless the claimant satisfies a three-prong test. The tribunal reiterated that the claimant has the burden of proving that it was not reasonably feasible to lodge the claim in time.
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M&P Legal | Isle of Man | 21 Jan 2015

New equality legislation pending in Isle of Man

The Isle of Man is considering a new Equality Bill designed to update discrimination laws and expand the protected characteristics in relation to employment. It is proposed that rights will be enforced by widening the remit of the existing Employment Tribunal and renaming it the Employment and Equality Tribunal. The business community will need to take steps to comply with the new legislation.
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