Deemster sets out plan for insurance claim retrial 

The previous judge resigned without issuing verdict

A deemster has set out how the retrial of two major investment bond claims will proceed after the judge who heard the original trial resigned without delivering a judgment.

Acting Deemster Matthew Marsh took conduct of the claims in June 2026 after James Corbett KC resigned due to severe ill health.

The claims were brought by Peter Kells and others against Friends Provident International Ltd., and Barry Dickinson and others against Utmost International Isle of Man Ltd., and concern losses on funds held within investment bonds.

The two combined cases, involving 739 claimants, centre around alleged mis-selling of investment products by Friends Provident and Utmost, which both deny. 

A 20-day trial of ten test claims was held in April and May 2024, but no judgment was produced. 

At a hearing before Deemster Marsh, all parties agreed there should not be a full retrial, with no further evidence and no new case permitted.

Instead, the court will receive written submissions, each no longer than 25 pages, described by the judge as 'in the nature of a route map to judgment'. 

The claimants will serve their submissions in May 2027, with the companies responding in June 2027.

Three days in July 2027 will be set aside for all submissions, with a further hearing of two or possibly three days in September 2027. 

The judge said he would produce a judgment following that stage.

Deemster Marsh said there was a need for a further hearing because 'the court cannot safely produce a judgment to an adequate standard on its own' and there was 'a real risk of producing a flawed judgment' without assistance from the parties.

He added: "The further delay is very unattractive, but I consider it is unavoidable in the interest of justice."

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