General Registry

Isle of Man Courts and Tribunals Service

Annual Report

2019

TABLE OF CONTENTS

FOREWORD ................................................................................................................................................... 1

WHO WE ARE ................................................................................................................................................ 2

WHAT WE STAND FOR ................................................................................................................................ 3

WHAT WE DO ................................................................................................................................................ 4

CHANGE AND MODERNISATION ................................................................................................................ 6

THE WIDER ENVIRONMENT ....................................................................................................................... 7

BUSINESS RISKS .......................................................................................................................................... 8

RECENT BUSINESS OVERVIEW .................................................................................................................. 8

FINANCIAL AND BUSINESS INFORMATION ........................................................................................... 10

Figure 1: Financial position of the General Registry 2016/17-2018/19.......................................... 10

Figure 2: General Registry Income 2017/2018 .................................................................................. 10

Figure 3: Income collected from Fines, Fixed Penalties etc. 2016/17-2018/9 .............................. 11

Figure 4: Maintenance sums received and then paid to the relevant party 2016-2018 .............. 11

Figure 5: Initiating High Court Civil and Appeal proceedings applications 2016-2019 ................ 12

Figure 6: Adoption applications made and Contact/Resident orders sought 2017-2019 ............ 13

Figure 7: Public Law Care Proceedings Cases 2016-2019 ................................................................ 13

Figure 8: Initiating Divorce applications, Provisional and Final Orders 2016-2019 ...................... 14

Figure 9: New cases and defendants before Courts of General Gaol Delivery 2016-2019 ......... 14

Figure 10: High Court non-contentious Probate applications 2016-2019 ...................................... 15

Figure 11: New Tribunals applications 2016-2019 ............................................................................ 15

Figure 12: Applications for Licensing as a temporary Manx Advocate 2016-2019 ....................... 16

Figure 13: Applications for Enduring Powers of Attorney 2016-2019 ............................................ 16

Figure 14: Mental Health Receiverships 2016-2019 .......................................................................... 17

Figure 15: Number and value of Legal Aid Costs Assessments 2016-2019 ................................... 17

Figure 16: Appearances at the Fixed (weekly) Summary Criminal Courts 2016-2018 ................ 18

Figure 17: Sudden Deaths reported to and Inquests held by the Coroner of Inquests 2016-

2018 .......................................................................................................................................................... 18

Figure 18: Applications made to the Licensing Court 2016-2019 ................................................... 19

Figure 19: Applications for an Apostille Certificate 2016-2019 ........................................................ 19

1

FOREWORD

Welcome to the first Annual Report of its kind from the General Registry. The

modest aim of this document is to provide our customers, partners and the

wider public with an introduction about who we are and what we do.

The Report contains statistical data about some of our main activities. It also

outlines how we are structured and how some of our work fits into the wider

public sector environment.

The General Registry is committed to modernising our processes and systems

in a proportionate and phased manner. The next 2-3 years will be an exciting

time for us and, amongst other things, improvements that we make should

allow us to produce more meaningful management information for future

reports. It should also make us better able to serve our customers more

efficiently and to work more effectively with our justice partners.

We hope to build upon the content of this Report in the coming years and

would warmly welcome any feedback that you have.

For further information about the courts in the Isle of Man, please visit

www.courts.im.

Dr Stuart Quayle His Honour A T K Corlett

Chief Registrar First Deemster and Clerk of the Rolls

2

WHO WE ARE

Established by statute in 1965, the General Registry amalgamated the functions of

the Rolls Office, the Deeds Registry and the office of the Registrar General and

became the repository for deeds and other documents of a public nature. In recent

years, as its main registry functions have been transferred elsewhere within

Government, the General Registry has become increasingly focussed on the

administration of courts and tribunals and supporting the judiciary.

The Chief Registrar is the Accountable Officer. Statutorily under the Direction of

the First Deemster, the Chief Registrar is in overall administrative charge of the

organisation and has a key role in liaising with judicial and legal officers in line with

the responsibilities of the role and a number of statutory provisions.

The organisation’s two Legal Officers are primarily responsible, in turn, for internal

legal research and procedural and legal advice to the lay magistracy. These officers

report to the Chief Registrar.

The Director of Performance is a new post which combines responsibility for the

operation and day-to-day administration of the organisation with spearheading the

modernisation of the General Registry over the coming years. The post-holder is the

Deputy Accountable Officer, reporting to the Chief Registrar.

The day to day running of the organisation is managed by 5 Section Managers who

report to the Director. These roles are supported by 12 Senior Court and Tribunal

Clerks and their teams.

The General Registry is predominantly a front line service delivery organisation and

our people take great pride in their work. We are an organisation which promotes

flexible working; a quarter of our people are employed part-time for a range of

hours.

3

Court 3 – Isle of Man Courts of Justice

WHAT WE STAND FOR

Our vision is to improve access to justice through a courts and tribunal

administration which works better for everyone.

Our mission is to provide seamless and effective support to the administration of

justice and the rule of law in the Isle of Man, for the benefit of the Island’s

residents, economy and international reputation.

We are proud to play our part in ensuring that there is an effective, independent

(both in practice and in perception) courts and tribunals service.

4

Court 1 – Isle of Man Courts of Justice

WHAT WE DO

The General Registry is responsible for the administration of criminal, civil and family

courts and tribunals. We provide support to a wide range of permanent and

temporary judicial officers, including the Deemsters, the Judge of Appeal, the High

Bailiff and the Deputy High Bailiff as well as magistrates and tribunal chairs and

members. This support is provided across the following five teams:-

Civil and Family Team – Supports:

All civil proceedings (including Small Claims, Summary, Chancery and

Ordinary)

A wide range of Family proceedings (including Children, Divorce and

Adoption)

Appeal proceedings and the work of the Judge of Appeal

Judicial secretarial support

Criminal and Summary Courts Team – Supports:

All criminal proceedings (including Juvenile proceedings) in the summary

courts and Courts of General Gaol Delivery

CR

5

Public Law care proceedings

Licensing courts

Inquest courts and support for the Coroner of Inquests

Certain Family proceedings

Judicial secretarial support

Legal Costs, Customer Service and Corporate Team – Supports:

The assessment of legal costs across a range of circumstances, including

the assessment of costs payable in relation to legal aid work

The provision of public counter facilities at the Courts of Justice

The provision of corporate support services within the General Registry

The administration of the bi-annual Manx Bar Examinations

The processing and distribution of the Electoral Roll

The processing of Apostilles and applications from other jurisdictions under

the Hague Service Convention

Finance and Compliance Team – Supports:

The provision of finance, compliance and court support services relevant

to court and tribunal proceedings (including Fines and Maintenance

payments and their enforcement and Mental Health Receiverships)

Information Management, including Data Protection and Freedom of

Information

The statutory Judgments Officer in respect of Coroners

The Probate and Tribunals Team – Supports:

High Court Non-Contentious Probate proceedings

A wide range of tribunal proceedings, their chairs and members, including

in relation to Employment and Equality, Advocates’ Disciplinary, Social

Security and Mental Health. For a full list of tribunals see

https://www.courts.im/court-procedures/tribunals-service/tribunals/

Secretarial functions for the Appointments Commission (a statutorily

independent body which is not part of the General Registry)

6

CHANGE AND MODERNISATION

The organisation is currently undergoing a period of change that has witnessed

significant recruitment within the judiciary and changes in senior management

during the past 15 months which are yet to fully run their course.

Against this backdrop, there are a number of change projects we are currently

working on as part of our change and modernisation programme:

Development and roll-out of court and tribunal audio/video provision

Development of a Probate case management system with intelligent online

capabilities

A review of court and tribunal fees

A phased review of debt recovery provisions and structures

A review of the structure and functioning of tribunals

In addition to these change initiatives, the role of Director of Performance has been

created with specific additional capacity to lead and coordinate modernisation. The

new role has been timed to coincide with the first steps in the specification and

future procurement of a courts and tribunals case management system.

As we are nearing the end of life of the case management system in the summary

courts, the initial focus of system renewal will be in this area to maximise both

internal efficiencies and the benefits of digital investment by our justice partners.

There is a strong appetite for modernisation within the General Registry with an

appreciation that change will have to be proportionate to our business need, be cost

effective and bring real benefits to our customers, stakeholders and people.

7

THE WIDER ENVIRONMENT

As the organisation responsible for courts and tribunals administration, it is

important that the General Registry has no responsibility for the creation of

Government policy or legislation as either may be subject to challenge before a

court. This situation does not, however, preclude the existence of any role in such

matters or mean that there is no impact when changes are being proposed by those

with such responsibilities.

There are a range of matters currently being progressed which are likely to have

implications for the functions which we provide and/or support. We are committed to

being fully engaged with these initiatives to the extent that our position allows. The

General Registry takes an active role in contributing to relevant Government

consultations on draft Bills and other initiatives. Although this contribution has

primarily focussed upon criminal justice matters in the recent past, General Registry

is playing a full role in Treasury’s phased review of civil debt recovery and stands

ready to contribute where relevant in any upcoming review of mental capacity

legislation or changes to the adoption law.

In addition to these matters, our people, both judicial and administrative, participate

in and support a wide range of user forums, including:

Summary Courts User Group

Civil Court Users Group

Family and Children’s Proceedings

Public Law Care Proceedings

Criminal Justice, including digital transition

Equality Act 2017 Implementation Group

8

BUSINESS RISKS

The General Registry faces a number of business risks which are mitigated as far as

possible. The main risks our business faces include:

Increases in size and complexity of matters before the courts and tribunals

which are significantly stretching judicial, administration and accommodation

resources

Proposed legislative amendment, including changes to the sentencing

thresholds for the summary courts

The increased responsibilities of the Employment and Equality Tribunal

following the phased introduction of the Equality Act 2017

Any major case(s) impact over which we have no control

Accommodation requirements and ageing technical infrastructure

Data security and information management requirements

Recruitment and retention both judicially and administratively

Potential threats to the independence of the functions which we perform

Limited judicial and support resources

RECENT BUSINESS OVERVIEW

Within the period of the statistical data provided by this Report, a number of major

cases have taken place which have had a significant impact on resources and

‘business as usual’ activities, including:

The largest civil case in Isle of Man history (trial duration 12 weeks)

The largest single Inquest in Isle of Man history dealing with a death in custody

(hearing duration 4 weeks)

The largest public law care case in Isle of Man history (hearing duration 12

weeks)

An electoral fraud trial

A large number of Tribunal claims raised by a group of Public Sector employees

9

The nature of some of these matters serves to strongly demonstrate the need for

the courts and tribunals processes and administration to be independent from

Government, both in reality and in perception. This independence is particularly

important in such a small jurisdiction where a perception of bias and undue influence

could have significant detrimental implications for the Island’s international

reputation.

Also in recent times the following developments have occurred:

The transfer of significant functions out of the organisation

The development of a fines register

Provision of Wi-Fi capabilities to all courts and associated facilities

The publication of court listings

The publication of courts and tribunals judgments

The development of a digital transition strategy

The procurement of upgraded and extended audio/visual technology

The introduction of online applications and responses to the Employment and

Equality Tribunal

10

FINANCIAL AND BUSINESS INFORMATION The General Registry financial position as published or forecast is set out in Figures 1 and 2 below. Further financial information is provided in Figures 3 and 4.

Figure 1: Financial position of the General Registry 2016/17-2018/19

Note: The above figures do not correspond with those published in the Isle of Man Government Pink Book due to the method of accounting used in relation to, for example, failed prosecution costs.

Figure 2: General Registry Income 2017/2018

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

3,500,000

4,000,000

4,500,000

2016/17 2017/18 2018/19

Net Expenditure 1,844,649 1,588,037 1,957,979

Gross Expenditure 3,962,135 4,232,555 4,295,249

£

Net Expenditure

Gross Expenditure

£251,583 £28,240

£370,698

£1,993,997

Apostille Total

Other Services Total

Licensing Total

Courts Total

11

Note: 2017/18 was a triennial licensing year so the total income from licensing was significantly higher than it would be in non-triennial years.

Figure 3: Income collected from Fines, Fixed Penalties etc. 2016/17-2018/9

Note: The income above is collected, but not retained, by the General Registry and does not feature in its accounts.

Figure 4: Maintenance sums received and then paid to the relevant party 2016-2018

£0

£200,000

£400,000

£600,000

£800,000

£1,000,000

£1,200,000

£1,400,000

£1,600,000

2016/17 2017/18 2018/19

£511,320 £553,476 £689,854

£379,487 £459,374

£454,287

£890,807 £1,012,850

£1,144,141

Rec

eip

ts in

(£

)

Total Receipts

Fixed Penalties

Crown Fines, Costs& Compensation

£0

£100,000

£200,000

£300,000

£400,000

£500,000

£600,000

£700,000

£800,000

£900,000

£1,000,000

£1,100,000

£1,200,000

2016 2017 2018

£1,093,075 £1,095,464

£1,198,280

Sum

s re

ceiv

ed (

£)

12

Note: Child maintenance is regular, reliable financial support that contributes towards a

child's everyday living costs. The parent without the main day-to-day care of the child pays

child maintenance to the other parent. These payments are generally made via the Chief

Registrar.

The remaining figures, Figures 5 to 19 provide statistical information and an

explanatory note for many of our areas of business from 2016 onwards, where

possible. In many cases, although the information presented provides overall

numbers, it does not take account of the length, size or the complexity of the

matter.

Please note, where 2019 data are shown in the figures which follow they are based

on projections from the actual information to the end of June 2019. The actual data

for the full calendar year 2019 will be corrected in future Reports.

Figure 5: Initiating High Court Civil and Appeal proceedings applications 2016-2019

0

200

400

600

800

1000

1200

1400

1600

2016 2017 2018 2019

Appeals 16 33 17 26

Ordinary 48 53 52 54

Summary 139 132 102 122

Chancery 163 136 131 152

Small Claims 1127 1112 864 892

Ap

plic

atio

ns

13

Figure 6: Adoption applications made and Contact/Resident orders sought 2017-2019

Note: An adoption order gives full parental rights and all legal responsibilities to the adoptive

parents as if the child concerned were born to them. An adoption order severs all legal ties

with the birth family who will then cease to have any legal rights over the child. Contact

orders require the person with whom a child lives to allow that child to visit, stay or have

contact with a person named in the order. Residence orders decide where and with whom

the child is to live.

Figure 7: Public Law Care Proceedings Cases 2016-2019

0

10

20

30

40

50

60

2017 2018 2019

4 3 3

42

52

33 Adoptionapplications

Contact/residenceapplications

0

2

4

6

8

10

12

14

16

2016 2017 2018 2019

16

7

9

5

14

Note: Care Proceedings (Public Law) are court proceedings brought by the relevant

Government Department where an application is made generally for a “Care Order” or

“Supervision Order” in respect of a child. If the relevant Department believes that a child is

at risk, it can apply to court for permission to take action to protect them. The number of

applications shown above does not take into account how many children an application may

relate to or the nature of the application (of which there are a range of types).

Figure 8: Initiating Divorce applications, Provisional and Final Orders 2016-2019

Figure 9: New cases and defendants before Courts of General Gaol Delivery 2016-2019

Note: Courts of General Gaol Delivery deal with matters of particularly serious crime.

0

50

100

150

200

250

2016 2017 2018 2019

234 216

147

178

237

187

151

116

170

201

145

82 Ap

plic

atio

ns

Divorce applications

Provisional orders

Final orders

70

80

90

100

110

120

130

2016 2017 2018 2019

80 81

88

114

98 104

98

124

Nu

mb

ers

Cases Defendants

15

Figure 10: High Court non-contentious Probate applications 2016-2019

Note: The Probate Office forms part of the High Court. It deals with ‘non-contentious’ probate business, that is where there is no dispute about the validity of a will or entitlement to take a grant. Between January 2017 and December 2018 estate inventory declarations submitted to the court indicate that assets in the region of £1.3bn (held in the Isle of Man) were administered by estate representatives. It should be noted that assets declared as part of the probate process are declared on estate ‘brackets’ rather than an exact amount. As a consequence the figure above is based on a ‘mid’ figure within these brackets. Figure 11: New Tribunals applications 2016-2019

1088

1014

1101

1050

800

900

1000

1100

1200

1300

1400

2016 2017 2018 2019

Ap

plic

atio

ns

0

20

40

60

80

100

120

Employ-ment

Social SecurityAppeal

Rent & RatingAppeal

Mental HealthReview

OtherTribunals (19)

2016 71 79 22 20 33

2017 81 55 26 18 22

2018 107 31 28 17 15

2019 66 20 54 26 32

Ap

plic

atio

ns

16

Figure 12: Applications for Licensing as a temporary Manx Advocate 2016-2019

Note: A temporary Advocate’s Licence may be issued to persons qualified in other jurisdictions in certain prescribed circumstances. The majority of such licences are issued in relation to complex commercial litigation matters. Figure 13: Applications for Enduring Powers of Attorney 2016-2019

Note: An Enduring Power of Attorney is a legal document in which 'the donor' appoints someone else ('the attorney') to look after their affairs in the event that they lose mental capacity. An ordinary power of attorney loses its validity when the donor loses the mental capacity to manage his or her own affairs. However, if an enduring power of attorney has

0

2

4

6

8

10

12

14

16

18

20

2016 2017 2018 2019

20

9

5

18

Ap

plic

atio

ns

0

20

40

60

80

100

120

2016 2017 2018 2019

76

91

108 112

Ap

plic

atio

ns

17

been drawn up then it should be registered at the Isle of Man Courts of Justice in order that the attorney may continue to act on the donor’s behalf when the donor loses capacity. Figure 14: Mental Health Receiverships 2016-2019

Note: Mental Health Receiverships are granted following an application to the court for the appointment of a Receiver where a person becomes incapable, by reason of mental disorder, of managing his or her property and affairs.

Figure 15: Number and value of Legal Aid Costs Assessments 2016-2019

Note: The assessment of legal costs payable is carried out independently by an officer of the court. The object in all cases should be to achieve a fair assessment of the costs due to the legal services provider. The need for an assessment arises out of a court order, a legal aid certificate and certain other circumstances.

0

10

20

30

40

50

60

70

80

90

2016 2017 2018 2019

55 61

82

37

Mental Health Receiverships

2016 2017 2018 2019

Bills submitted 678 681 687 682

Value of Bills(£ millions)

2.04 1.95 2.17 2.12

1.5

1.6

1.7

1.8

1.9

2

2.1

2.2

2.3

676

678

680

682

684

686

688

Val

ue

of

Bill

s in

£m

illio

ns

Nu

mb

er o

f B

ills

sub

mit

ted

18

Figure 16: Appearances at the Fixed (weekly) Summary Criminal Courts 2016-2018

Figure 17: Sudden Deaths reported to and Inquests held by the Coroner of Inquests 2016-2018

0

500

1000

1500

2000

2500

2016 2017 2018

Magistrates Courts 1481 2056 1808

DHB & HB Courts 1572 1413 1667

Juvenile Courts 80 98 196

Ap

pea

ran

ces

2016 2017 2018

Sudden deaths 304 326 338

Inquests 44 47 42

39

40

41

42

43

44

45

46

47

48

280

290

300

310

320

330

340

350

Nu

mb

er

of

Inq

ue

sts

Nu

mb

er

of

Sud

de

n D

eat

hs

19

Figure 18: Applications made to the Licensing Court 2016-2019

Note: These figures exclude triennial licences. Figure 19: Applications for an Apostille Certificate 2016-2019

Note: An Apostille is an official Government issued certificate added to documents in order for them to be recognised as genuine when presented in another country. Once a document has had an Apostille Certificate attached confirming the authenticity of signatures and seals, it can be presented to any country that recognises the Apostille. The authority receiving the document should then accept the seals or signatures as true and valid without requesting further evidence or proof.

430

440

450

460

470

480

490

500

510

520

530

2016 2017 2018 2019

492

480

464

524

Ap

plic

atio

ns

5000

5200

5400

5600

5800

6000

6200

6400

6600

2016 2017 2018 2019

6073

6577

5633

5976

Ap

plic

atio

ns