Jason Stanley
Jason Stanley - Isle of Man Advocate. Partner.
Contact by email at jason.stanley@kellyluft.comA partner in the firm, Jason Stanley was born and educated in the Isle of Man, before going on to study law at Manchester University and Chester College of Law. One of the most experienced litigators in the Isle of Man, Jason has acted in many of the most important and high profile cases before the Isle of Man Courts.
Former President of the Isle of Man Law Society, Jason served on the Council of the Isle of Man Law Society from 2003 to 2013, becoming its Vice-President in 2009 and its President in 2011, having also previously served as Law Society Treasurer.
Jason is a former Returning Officer for the Constituency of Castletown.
Having worked within the firm since 1988, Jason has amassed an enviable breadth of knowledge in many areas of Manx law. Areas of particular expertise include Civil Litigation, Personal Injury Law (Claimant and Defendant, including medical negligence), Common Law (Contract and Tort), Residential and Commercial Property (leasing, conveyancing and litigation), Family Law, Private Client (Wills, Probate, Powers of Attorney) and aspects of commercial law.
Jason has also attended before the Commercial Tribunal in Geneva, as an expert witness on Isle of Man contract law.
Jason has been involved in many of the reported civil cases in the Isle of Man, and has acted on several occasions as "Amicus Curiae" (an independent Advocate appointed to assist the Court with complex and important issues). Jason has acted as defence Advocate in many serious criminal cases, and also as prosecuting Advocate in both the Summary Court (High Bailiff's and Magistrates' Courts) and the Court of General Gaol Delivery (Crown Court).
In relation to having acted as Amicus Curiae in the Solway Harvester case (on the issue as to the existence of Corporate Manslaughter as an offence under Isle of Man law), His Honour Acting Deemster Moran QC:
"the matter in issue did not seem to me to be clear cut and was a matter of considerable importance in the context of this case and in relation to the administration of criminal justice on the Island generally. Accordingly Mr J.B.T. Stanley of Messrs Kelly Luft Stanley and Ashton was instructed by the Court on 31st March and appeared before me to argue the point on the 7th April. The Court wishes to record its indebtedness to Mr. Stanley not only for his willingness to take on and deal with an urgent matter of such importance on such short notice over a holiday period, but also for the thoroughness and acuity of the written and oral arguments he presented to the Court. It should also be recorded that he discharged the role of amicus with conspicuous independence of thought and approach; reflecting carefully on the submissions made by the prosecution and responding in a constructive manner – notwithstanding the clear view of the interpretation of section 20 he had formed and advanced before me."
In the 2011 case of R v Nightingale and R v Sheppard (in relation to legal argument on the ability of the Court of General Gaol Delivery to award costs in favour of a legally aided Defendant), His Honour the First Deemster and Clerk of the Rolls David Doyle:
"I should add that I am most grateful to counsel for their assistance on the interesting point which arose for determination in this case. Mr. Neale, the Director of Prosecutions, raised arguments which at first glance had a superficial attraction. Mrs. Jones and Mr. Stanley, with all the forensic force of legal heavy weights within the Manx Criminal Defence Bar, also presented their submissions in a measured, eloquent and most helpful way. The intensity of robust oral legal argument in court number 2 in these cases last Wednesday morning greatly assisted to sharpen the focus on the issue which arose for determination and I am most grateful to all counsel for that valuable assistance."
Some of the cases in which Jason Stanley has been involved:
Civil Litigation:
Petition of W Hamilton re Estate of Margaret Adair deceased. Severance of Joint Tenancies. Legal Argument on the legal ability under Isle of Man law unilaterally to sever a Joint Tenancy by notice in the absence of equivalent statutory provisions applicable in England. Additional arguments accepted as to proprietary estoppel.
Carruthers v Morris and Rushbrook. Forfeiture of Leases. Petition to declare unlawful an attempt to obtain forfeiture of long residential leases. Indemnity costs awarded.
Appeal of Morris and Rushbrook. Forfeiture of Leases. Appeal against order made in High Court declaring unlawful an attempt to forfeit long leases of flats and award of Indemnity costs.
Inquest into death of Ramsbotham, Kenzig and Jacob - Inquest into the deaths of a rider and two spectators during the Senior race in the TT races. Instructed on behalf of interested parties.
Employer's Duty of Care:
Callow v Isle of Man Milk Marketing Association. Defence of claim by employee for alleged breach of employer's duty of care. Milkman injured getting out of van provided by employer. Suitability of equipment provided for job.
Corkill v Isle of Man Milk Marketing Association. Defence of claim for breach of employer's duty of care. Employee lifting cartons of milk. Duties as to provision of safe system of work and suitable training. Employer's duties to employee.
Masters v Hill, Corlett and Kinley. Defence of claim for personal injuries arising in accident in the workplace. Successful argument that Claimant was independent contractor and not employee.
Criminal Cases:
R v Sheppard - single push manslaughter allegation successfully defended
R v Gillon, Anderson and Morton - Wounding With Intent successfully defended.
R v Lindon - Murder allegation successfully defended by David Aubrey QC assisted by advocate Jason Stanley. Appeal by Attorney General against sentence for admitted manslaughter successfully defended.
R v Andrew Leslie Hamilton - Causing Death by Dangerous Driving. Appeal by the Attorney General against an order made in Committal Proceedings dismissing the charge of Causing Death by Dangerous Driving. Appeal dismissed as being an Abuse of Process.
Solway Harvester - Corporate Manslaughter. Amicus Curiae on the issue as to whether the offence of Corporate Manslaughter existed under Isle of Man law. His Honour Acting Deemster Moran QC: " the thoroughness and acuity of the written and oral arguments he presented to the Court... he discharged the role of amicus with conspicuous independence of thought and approach"
R v Lloyd-Williams. Appeal against conviction for driving under influence of prescribed medication. Special Reasons accepted and absolute discharge ordered on appeal, following expert evidence of unexpected and unforeseeable effect of the combination of prescribed medications.
R v Sheppard, on the legal issue as to the abilty of the court to award costs in favour of a legally aided defendant, His Honour the First Deemster and Clerk of the Rolls David Doyle: " Mrs. Jones and Mr. Stanley, with all the forensic force of legal heavy weights within the Manx Criminal Defence Bar"
R v Jones and Firth. Charge of Gross Negligence Manslaughter following the loss of a wheel from a Heavy Goods Vehicle