Two Government Departments, Home Affairs and Education, and the General Registry are the subject of a Common Law Action by Stephen Holmes who is seeking redress for claimed maladministration and malfeasance by public officials.

In Court this afternoon (Monday 4^th February), before His Honour Deemster Kerruish, the first round of Mr Holmes’ Petition was heard.

Miss Hyde, appearing for the two Departments, questioned whether the General Registry is a legal entity and, dependent on the resolution of that issue, she indicated she may in due course also represent the Registry.

(Editor’s note – according to the General Registry Act 1965 the General Registry is a Department of Government but it is not listed in the Government Departments Act 1987.)

She also suggested it would be useful if her clients knew exactly what they were defending.

Deemster Kerruish agreed that it was usual for an Affidavit and evidence to be filed in addition to the Petition and asked Mr Holmes how soon he could produce the necessary document.

Mr Holmes said that it would probably only take a couple of days.

Miss Hyde then wondered whether the Petition was the right way to file for what she considered to be essentially a damages claim by Mr Holmes.

Deemster Kerruish indicated that was for the plaintiff to decide and as it had been filed it had to be considered.

Miss Hyde then said that she would probably make an application for strike out in accordance with an Order 30 or 19. She suggested the current proceedings were identical to a previous attempt for damages, which had been struck out, were not a reasonable course of action and an abuse of process.

Even so, Deemster Kerruish made an Order that Mr Holmes has until 19^th February to file his papers, the defendants have until 10^th March to respond and that the next hearing would be set down for the 17^th March at 2.00 pm.

The background to this case The Manx Herald finds quite alarming.

In essence, Mr Holmes and his former wife, both of whom are Manx, became ensnared within a legal system that has done neither of them any favours. To complicate matters, the initial action took place in England, where it appears that the Court failed to understand that the Isle of Man is not part of the UK and has its own separate legal system.

Regardless of this issue, Court Orders were made in the UK and the problems, relating to the current action, started when an attempt was made by Mrs Holmes, who was quite within her rights to do so, to register the Orders in the Isle of Man.

However, administrative ‘errors’ by staff at the General Registry resulted, ultimately, in a successful action by Mr Holmes to have a Court Order, made by Deputy Deemster Williamson, on 5^th November 2004, revoked by the Court of Appeal on 26^th October 2007.

Unfortunately, this was not before Mr Holmes had been arrested by the Police, in Birmingham, on the 5^th September 2007, ‘on suspicion of child abduction’; and spent 13 hours in a cell before being released without charge. According to Mr Holmes, the West Midlands Police have since paid him more than £1500 for the time he describes as being “falsely imprisoned”.

This is just one example of where Mr Holmes believes he has been let down by the system, and now seeks redress.