The Deemster at the centre of a delayed £100m investor compensation case on the Isle of Man has resigned due to ill health.
As a result of the decision, there will now be a retrial under a new Deemster – set to be a former judge of the High Court of England and Wales who has now been appointed to take over the case.
In a joint statement issued by the general registry (Isle of Man Courts & Tribunals service) and His Majesty’s First Deemster it was announced earlier today that on 2 June 2026, the Acting Deemster tendered his resignation on the grounds of his ill health.
This has resulted in what the statement calls an “an unprecedented situation” for the Isle of Man where a serving Deemster has resigned having heard the evidence and submissions in a case, but before delivering judgment. In doing so the Acting Deemster recognised the significant impact such a decision would have on all involved, the statement said.
As reported here yesterday, it was revealed the decision relating to £100m investor compensation involving two Isle of Man based life offices was once again being deferred – for the seventh time –following more than two years of delays.
Next steps
The case of Kells & Others v Friends Provident International Limited and Dickinson & Others v Utmost International Isle of Man Limited, will now be re-heard with a case management hearing taking place in August 2026 to timetable the next steps.
Acting Deemster Corbett KC was allocated to the case of Kells & Others v Friends Provident International Limited and Dickinson & Others v Utmost International Isle of Man Limited, matters under reference ORD 20/0011 and ORD 20/0012 respectively, given the anticipated length of the trial and the need for specialist legal knowledge.
The statement added that while it is ultimately a matter for the new Acting Deemster, having heard the submissions of the parties, it is hoped that any retrial can advance swiftly on the basis, wholly or partly, of the audio recordings of the original trial, the transcripts of the same together with the bundles of documents. This could place the new Acting Deemster in a position sufficiently close to that of the original trial Deemster without incurring the time delay and costs of a full in person rehearing.
‘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.
“We have continuously liaised with the Acting Deemster and his physicians in an attempt to ensure reasonable and realistic timeframes are set given all of the circumstances. The significant health issues which the Acting Deemster has encountered were not foreseeable by anyone, least of all the Acting Deemster, and mean that it is not realistically possible for him to continue to determine this case and produce the judgment. Our focus now is on the appointment of a suitable new Acting Deemster and the swift advancement of the case to a close. We wish the Acting Deemster Corbett KC well in his recovery.”
‘Unacceptable’
His Majesty’s First Deemster and Clerk of the Rolls 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. Care must be taken to ensure that a Judge allocated to a case is free to manage it and deliver judgment entirely independently in accordance with the rule of law.
“Whilst this development will be frustrating to the parties involved in this case, the matter can now advance with a credible prospect of a decision being given in the near future.”
The statement notes read:
- These combined cases involve some 739 claimants in an action against Utmost International (formerly Old Mutual/Quilter) and Friends Provident International. In very short form, the cases involve the alleged mis selling of investment products by the Defendants with the Claimants seeking damages for alleged misrepresentation, negligent misrepresentation, negligent misstatement and damages for breach of duty. The Defendants deny the Claims. The case was allocated to Acting Deemster James Corbett KC and the hearing lasted 20 working days over a six-week period.
- In May 2024 the Acting Deemster concluded hearing the evidence and submissions from the parties in relation to the Stage 1 trial. At this time, a judgment has not yet been produced.
- Since the conclusion of the evidence and submissions, the Court has maintained routine contact with the Acting Deemster, and various timetables have been set for the production of the draft judgment. Unfortunately, the Acting Deemster has suffered a number of significant health difficulties since the conclusion of the evidence and submissions.
- Including, but not limited to, a serious fall and earlier this year, a stroke. These incidents have left the Acting Deemster significantly unwell and, through no fault of any person, have delayed the circulation of the draft judgment.
- While significant work has been achieved on the draft judgment, with working draft copies being supplied to an Assistant Chief Registrar to ensure progress, it is now evident that the Acting Deemster is not medically well enough to continue with the case and conclude the judgment. His current condition, and the uncertainty around the prospects of recovery, are such that there is no credible prospect of the judgment being completed in a reasonable or realistic time frame.
- The Island has a small number of permanent Deemsters who are supported by a panel of Acting Deemsters. The panel is called upon when cases require specialist knowledge or experience or are particularly lengthy. Acting Deemster Corbett KC was allocated this case due to his specialist knowledge and judicial experience noting the size and complexity of this case, it being the first group litigation claim to be issued on the Isle of Man.
- His Majesty’s First Deemster and Clerk of the Rolls is the Island’s Chief Justice and President of the High Court. He is responsible for the allocation of case work to the Island’s judiciary.
- There is no timeframe in law for the delivery of a judgment. In accordance with the Code of Conduct for members of the Judiciary of the Isle of Man, Judges must decide cases assigned to them within a reasonable time – they should ordinarily endeavour to deliver a decision within 3 months, but it is accepted that in a number of cases the size and complexity of the same mean that this is not possible. Where a Judge knows or believes a decision will take longer than 3 months, they should indicate to the parties how long they consider is required and provide periodic updates on the same. This has occurred in the present case.
- Acting Deemster Corbett KC is aware that this release contains information about his ill health, including that he suffered a fall and separately a stroke.
