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Appeal of order quashing Small Claims Court appeal dismissed; forum selection clause upheld.
The appellant appealed an order of a single judge of the Divisional Court that quashed her appeal from a Small Claims Court decision and ordered her to pay security for costs.
The underlying dispute involved losses sustained on an online poker website operated by the respondent, which was governed by an end user licence agreement containing an exclusive forum selection clause for the Isle of Man.
The Divisional Court panel found no palpable and overriding error in the single judge's conclusions that the appeal was manifestly devoid of merit and that security for costs was warranted.
The appeal was dismissed.
Costs of $3,500 awarded to respondent on partial indemnity scale following dismissal of small claims appeal.
Following the dismissal of the appellant's appeal from a Small Claims Court decision, both parties sought costs.
The respondent sought costs on a substantial indemnity scale, arguing the appeal was frivolous and noting the appellant's scandalous allegations against the court.
The court awarded costs to the respondent on a partial indemnity scale, fixing the amount at $3,500, taking into account the $7,200 claimed in the original action.
The court also reprimanded the self-represented appellant, who is a lawyer by training, for her disrespectful and unfounded attacks on the judiciary.
