A multi-million pound court case is seeking an uncertain outcome after the trial deemster resigned.
Acting Deemster James Corbett KC was allocated to two linked cases Kells & Others v Friends Provident International Limited and Dickinson & Others v Utmost International Isle of Man Limited.
On June 2, the Deemster tendered his resignation on grounds of ill health, after he had already heard the case.
No fewer than 739 investors, many who lost their life savings, joined the class action.
Unprecedented
Stuart Quayle, Chief Registrar, said: “This is an unprecedented set of circumstances for the Isle of Man justice system and most unfortunate for all involved.
“The significance and complexity of the case only serve as an added and unwelcome difficulty. It has always been in the best interests of all involved that the Deemster who heard the original trial be the one to issue the judgment.
“This was a lengthy trial with a high volume of evidence and submissions and therefore the impact of a retrial would be significant to the parties.”
The Court has identified a former judge of the High Court of England and Wales to take the matter forward. A case management hearing is hoped for August 2026.
First Deemster Andrew Corlett said: “A delay of two years in the issuing of any judgment is unacceptable. Once a Judge is allocated to a case it would be highly unusual and constitutionally improper for them to be removed involuntarily without good cause.
“The Acting Deemster allocated to this case has suffered significant health difficulties and it is most unfortunate that this has caused the delay.
“The resignation of a Deemster is the last option which any party, or the Court, would have wished but it is reluctantly accepted as the only realistic option available to ensure the parties now receive a decision in a timely manner.”
It is hoped that any retrial can proceed based on audio recordings and transcripts, avoiding a full in-person rehearing.