Rules of the Supreme Court 1985

nothing in that paragraph shall be taken as affecting any provision of any rules (whether made under the Act or any other Act) by virtue of which the Rules of the Supreme Court 1985 or any provisions thereof are applied in relation to any of those proceedings.

(5) These Rules shall not have effect in relation to any pro ceedings taken in any cause or matter which was pending before the Court or a judge thereof immediately before the date appointed under rule 1(1) and any proceedings taken in such cause or matter shall be continued to final determination in accordance with the rules in force immediately before the date so appointed.

1/3 Application of Interpretation Act 1951

3 The Interpretation Act 1951 [title 1 item 1] shall apply to the in terpretation of these rules as it applies to the interpretation of an Act.

1/4 Definitions

4 (1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely�

"The Act" means the Supreme Court Act 1905 [title 8 item 1];

"an action for personal injuries" means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" includes any disease and any impair ment of a person's physical or mental condition;

"attorney" means a person duly admitted and enrolled under the Act as a barrister and attorney and entitled under the Bermuda Bar Act 1974 [title 30 item 3] to practise law in Bermuda;

"cause book" means the book kept in the Registry, in which the year and number of, and other details relating to, a cause or matter are entered;

"enactment" means any statutory provision including any Act of Parliament of the United Kingdom having effect as part of the law of Bermuda;

"folio" means 72 words, each figure being counted as one word;

"the Matrimonial Causes Rules" means the Matrimonial Causes Rules 1974 [title 8 item 1(b)];

"officer" means an officer of the Supreme Court;

"originating summons" means every summons other than a summons in a pending cause or matter;

"pleading" does not include a petition, summons or preliminary act;

"probate action" has the meaning assigned to it by Order 76;

"receiver" includes a manager or consignee;

"Registrar" means the Registrar of the Supreme Court and except in relation to the jurisdiction of the Registrar under Order 32 rule 11, includes an Assistant Registrar;

"Registry" means the Registry of the Supreme Court;

"statutory rate" means seven per centum per annum or such other rate as may be prescribed under the Interest and Credit Charges (Regulation) Act 1975 [title 17 item 22];

"writ" means a writ of summons.

(2) In these Rules, unless the context otherwise requires, "the Court" means the Supreme Court or any one or more judges thereof, whether sitting in court or in chambers, or the Registrar; but the forego ing provision shall not be taken as affecting any provision of these Rules and, in particular, Order 32, rule 11, by virtue of which the authority and jurisdiction of the Registrar are defined and regulated.

1/5 Construction of references to Orders, rules, etc.

5 (1) Unless the context otherwise requires, any reference in these rules to a specified Order, rule or Appendix is a reference to that Order or rule of, or that Appendix to, these rules and any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph of the para graph, in which the reference occurs.

(2) Any reference in these Rules to anything done under a rule of these Rules includes a reference to the same thing done before the commencement of that rule under any corresponding rule of court ceas ing to have effect on the commencement of that rule.

(3) Except where the context otherwise requires, any reference in these Rules to any enactment shall be construed as a reference to that enactment as amended, extended, or applied by or under any other en actment.

1/6 Construction of references to action etc. for possession of land

6 Except where the context otherwise requires, references in these Rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Crown for an order declaring that the plaintiff is entitled as against the Crown to the land or to the possession thereof.

1/7 [blank]

1/8 [blank]

1/9 Forms

9 (1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.

(2) In cases where no form is prescribed by these Rules the forms in the Appendices of the Rules of the Supreme Court of England 1965 (appearing in the White Book known as the Supreme Court Prac tice 1979) may be used with such variations as circumstances may re quire.

ORDER 2

EFFECT OF NON-COMPLIANCE

2/1 Non-compliance with rules

1 (1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.

(2) Subject to paragraph (3), the Court may, on the ground that there has been such a failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any steps taken in those proceedings or any document, judgment or order therein or exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the pro ceedings generally as it thinks fit.

(3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these rules to be begun by an originating process other than the one employed.

2/2 Application to set aside for irregularity

2 (1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(2) An application under this rule may be made by summons or motion and the grounds of objection must be stated in the summons or notice of motion.

ORDER 3

TIME

3/1 "month" means calendar month

1 The word "month", where it occurs in any judgment, order direc tion or other document forming part of any proceedings in the Court, means a calendar month unless the context otherwise requires.

3/2 Reckoning periods of time

2 (1) Any period of time fixed by these rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.

(2) Where the act is required to be done within a specified pe riod after or from a specified date, the period begins immediately after that date.

(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.

(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

(5) Where, apart from this paragraph, the period in question, being a period of seven days or less, would include a Saturday or a pub lic holiday, as defined in the Public Holidays Act 1947 [title 28 item 8], that day shall be excluded.

3/3 [blank]

3/4 Time expires on Sunday, etc.

4 Where the time prescribed by these rules, or by any judgment, order or direction, for doing any act at the Registry expires on a Sunday or other day on which the Registry is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which the Registry is open.

3/5 Extension, etc. of time

5 (1) The Court may on such terms as it thinks just, by order extend or abridge the period within which a person is required or autho rised by these rules, or by any judgment, order or direction, to do any act in any proceedings.

(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.

(3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an or der of the Court being made for that purpose.

3/6 Notice of intention to proceed after year's delay

6 Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.

A summons on which no order was made is not a proceeding for the purpose of this rule.

COMMENCEMENT AND PROGRESS OF PROCEEDINGS

ORDER 4

CONSOLIDATION OF PROCEEDINGS

4/1 to 4/9 [blank]

4/10 Consolidation, etc. of causes or matters

10 Where two or more causes or matters are pending in the Court, then, if it appears to the Court�

(a) that some common question of law or fact arises in both or all of them, or

(b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transac tions, or

the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time or one immediately after another or may order any of them to be stayed un til after the determination of any other of them.

ORDER 5

MODE OF BEGINNING CIVIL PROCEEDINGS IN COURT

5/1 Mode of beginning civil proceedings

1 Subject to the provisions of any enactment and of these rules, civil proceedings in the Court may be begun by writ, originating sum mons, originating motion or petition.

5/2 Proceedings which must be begun by writ

2 Subject to any provision of any enactment, or of these Rules, by virtue of which any proceedings are expressly required to be begun oth erwise than by writ, the following proceedings must, notwithstanding anything in rule 4, be begun by writ, that is to say, proceedings�

(a) in which a claim is made by the plaintiff for any relief or remedy for any tort, other than trespass to land;

(b) in which a claim made by the plaintiff is based on an al legation of fraud;

(c) in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under any enact ment or independently of any contract or any such pro vision), where the damages claimed consist of or include damages in respect of the death of any person or in re spect of personal injuries to any person or in respect of damage to any property;

(d) in which a claim is made by the plaintiff in respect of
the infringement of a patent.

5/3 Proceedings which must be begun by originating summons

3 Proceedings by which an application is to be made to the Court or a judge thereof under any enactment must be begun by originating summons except where by these Rules or by or under any enactment the application in question is expressly required or authorised to be made by some other means.

This rule does not apply to an application made in pending proceedings.

5/4 Proceedings which may be begun by writ or originating sum mons

4 (1) Except in the case of proceedings which by these Rules or by or under any enactment are required to be begun by writ or originat ing summons or are required or authorised to be begun by originating motion or petition, proceedings may be begun either by writ or by origi nating summons as the plaintiff considers appropriate.

(2) Proceedings�

(a) in which the sole or principal question at issue is, or is likely to be, one of the construction of any enactment or of any instrument made under any enactment or of any deed, will, contract or other document, or some other question of law, or

(b) in which there is unlikely to be any substantial dispute of fact,

are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgment under Order 14 or Order 86 or for any other reason considers the proceedings more appro priate to be begun by writ.

5/5 Proceedings to be begun by motion or petition

5 Proceedings may be begun by originating motion or petition if, but only if, by these Rules or by or under any enactment the proceedings in question are required or authorised to be so begun.

5/6 Right to sue in person

6 (1) Subject to paragraph (2) and to Order 80, rule 2, any per son (whether or not he sues as a trustee or estate representative or in any other representative capacity) may begin and carry on proceedings in the Court by an attorney or in person.

(2) Except as expressly provided by or under any enactment, a body corporate may not begin or carry on any such proceedings other wise than by an attorney.

ORDER 6

WRITS OF SUMMONS: GENERAL PROVISIONS

6/1 Form of writ

1 Every writ must be in Form No. 1, 3, 4 or 5 in Appendix A, whichever is appropriate.

6/2 Indorsement of writ

2 (1) Before a writ is issued it must be indorsed�

(a) with a statement of claim or, if the statement of claim is not indorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby;

(b) where the claim made by the plaintiff is for a debt or liq uidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for appearing, the defendant�

(i) pays the amount so claimed to the plaintiff or his attorney;

(ii) pays that amount into court;

(i) whether the claim relates to a dwelling-house; and

(ii) if it does, whether it is subject to the Rent In creases (Domestic Premises) Control Act 1978 [title 29 item 3];

(d) where the action is brought to enforce a right to recover possession of goods, with a statement showing the value
of the goods.

(2) A defendant who pays money into court under this rule must give notice (in Form No. 23 in Appendix A) to the plaintiff, his at torney or agent.

6/3 Indorsement as to capacity

3 Before a writ is issued it must be indorsed�

(a) where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues;

(b) where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.

6/4 [blank]

6/5 Indorsement as to attorney and address

5 (1) Before a writ is issued it must be indorsed�

(a) where the plaintiff sues by an attorney, with the plain tiff's address and the attorney's name or firm and a business address of his within the jurisdiction.

(b) where the plaintiff sues in person, with�

(i) the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent, and

(ii) his occupation.

(2) The address for service of a plaintiff shall be�

(a) where he sues by an attorney, the business address of the attorney indorsed on the writ;

(b) where he sues in person, the address within the juris diction indorsed on the writ.

(3) Where an attorney's name is indorsed on a writ, he must, if any defendant who has been served with or who has entered an appear ance to the writ requests him in writing so to do, declare in writing whether the writ was issued by him or with his authority or privity.

(4) If an attorney whose name is indorsed on a writ declares in writing that the writ was not issued by him or with his authority or priv ity, the Court may on the application of any defendant who has been served with or who has entered an appearance to the writ, stay all pro ceedings in the action begun by the writ.

6/6 Concurrent writs

6 (1) One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid.

(2) Without prejudice to the generality of paragraph (1), a writ for service within the jurisdiction may be issued as a concurrent writ with one which, or notice of which, is to be served out of the jurisdiction and a writ which, or notice of which, is to be served out of the jurisdic tion may be issued as a concurrent writ with one for service within the jurisdiction.

(3) A concurrent writ is a true copy of the original writ with such differences only (if any) as are necessary having regard to the pur pose for which the writ is issued.

6/7 Issue of writ

7 (1) No writ which, or notice of which, is to be served out of the jurisdiction shall be issued without the leave of the Court:

Provided that if every claim made by a writ is one which by virtue of an enactment the Court has power to hear and determine notwith standing that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the fore going provision shall not apply to the writ.

(2) A writ must be issued out of the Registry.

(3) Issue of a writ takes place upon its being sealed by an offi cer of the Registry.

(4) The officer by whom a concurrent writ is sealed must mark it as a concurrent writ with an official stamp.

(5) No writ shall be sealed unless at the time of the tender thereof for sealing the person tendering it leaves at the Registry a copy thereof signed, where the plaintiff sues in person, by him or, where he does not so sue, by or on behalf of his attorney, who may sign either in his own name or in the name of the firm to which he belongs.

6/8 Duration and renewal or writ

8 (1) For the purpose of service, a writ (other than a concurrent
writ) is valid in the first instance for twelve months beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.

(2) Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding twelve months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow.

(3) Before a writ, the validity of which has been extended under this rule is served, it must be marked with an official stamp showing the period for which the validity of the writ has been so extended.

(4) Where the validity of a writ is extended by order made un der this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expi ration of the period specified in the order.

ORDER 7

ORIGINATING SUMMONSES: GENERAL PROVISIONS

7/1 Application

7/2 Form of summons, etc.

2 (1) Every originating summons must be in Form No. 8, 10 or 11 in Appendix A, whichever is appropriate.

(2) The party taking out an originating summons (other than an ex parte summons) shall be described as a plaintiff and the other parties shall be described as defendants.

7/3 Contents of summons

3 (1) Every originating summons must include a statement of the questions on which the plaintiff seeks the determination or direction of the Court or, as the case may be, a concise statement of the relief or remedy claimed in the proceedings begun by the originating summons with sufficient particulars to identify the cause or causes of action in re spect of which the plaintiff claims that relief or remedy.

(2) Order 6, rules 3 and 5, shall apply in relation to an origi nating summons as they apply in relation to a writ.

7/4 Concurrent summons

4 Order 6, rule 6, shall apply in relation to an originating sum mons as it applies in relation to a writ.

7/5 Issue of summons

5 An originating summons shall be issued out of the Registry.

7/6 Duration and renewal of summons

6 Order 6, rule 8, shall apply in relation to an originating sum mons as it applies in relation to a writ.

7/7 Ex parte originating summons

7 (1) Rules 2(1), 3(1) and 5 shall, so far as applicable, apply to ex parte originating summonses; but, save as aforesaid, the foregoing rules of this Order shall not apply to ex parte originating summonses.

(2) Order 6, rule 7(3) and (5), shall, with the necessary modifi cations, apply in relation to an ex parte originating summons as they ap ply in relation to a writ.

ORDER 8

ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS

8/1 Application

1 The provisions of this Order apply to all motions subject, in the case of originating motions of any particular class, to any special provi sions relating to motions of that class made by these rules or by or under any enactment.

8/2 Notice of motion

2 (1) Except where an application by motion may properly be made ex parte, no motion shall be made without previous notice to the parties affected thereby, but the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or
serious mischief may make an order ex parte on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside.

(2) Unless the Court gives leave to the contrary there must be at least two clear days between the service of notice of a motion and the day named in the notice for hearing the motion.

8/3 Form and issue of notice of motion

3 (1) The notice of an originating motion must be in Form No. 13 in Appendix A and the notice of any other motion in Form No. 38 in that Appendix.

Where leave has been given under rule 2(2) to serve short notice of mo tion, that fact must be stated in the notice.

(2) The notice of a motion must include a concise statement of the nature of the claim made or the relief or remedy required.

(3) Order 6, rule 5, shall, with the necessary modifications, ap ply in relation to notice of an originating motion as it applies in relation to a writ.

(4) The notice of an originating motion must be issued out of the Registry.

(5) [blank]

(6) Issue of the notice of an originating motion takes place upon its being sealed by the Registrar.

8/4 Service of notice of motion with writ, etc.

4 Notice of a motion to be made in an action may be served by the plaintiff on the defendant with the writ of summons or originating sum mons or at any time after service of such writ or summons, whether or not the defendant has entered an appearance in the action.

8/5 Adjournment of hearing

5 The hearing of any motion may be adjourned from time to time on such terms, if any, as the Court thinks fit.

ORDER 9

PETITIONS: GENERAL PROVISIONS

9/1 Application

1 Rules 2 to 4 apply to petitions by which civil proceedings in the Court are begun, subject, in the case of petitions of any particular class, to any special provisions relating to petitions of that class made by these Rules or by or under any enactment.

9/2 Contents of petition

2 (1) Every petition must include a concise statement of the na ture of the claim made or the relief or remedy required in the proceedings begun thereby.

(2) Every petition must include at the end thereof a statement of the names of the persons, if any, required to be served therewith or, if no person is required to be served, a statement to that effect.

(3) Order 6, rule 5, shall, with the necessary modifications, ap ply in relation to a petition is it applies in relation to a writ.

9/3 Presentation of petition

3 A petition must be presented by leaving it at the Registry.

9/4 Fixing time for hearing petition

4 (1) A day and time for the hearing of a petition which is re quired to be heard shall be fixed by the Registrar.

(2) Unless the Court otherwise directs, a petition which is re quired to be served on any person must be served on him not less than seven days before the day fixed for the hearing of the petition.

ORDER 10

SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS

10/1 General provisions

1 (1) Subject to the provisions of any enactment and these Rules, a writ must be served personally on each defendant by the plaintiff or his agent.

(2) Where a defendant's attorney indorses on the writ a state ment that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to
have been so served on the date on which the indorsement was made.

(3) Where a writ is not duly served on a defendant but he en ters an unconditional appearance in the action begun by the writ, the writ shall be deemed to have been duly served on him and to have been so served on the date on which he entered the appearance.

(4) Where a writ is duly served on a defendant otherwise than by virtue of paragraph (2) or (3), then, subject to Order 11, rule 5, unless within three days after service the person serving it indorses on it the following particulars, that is to say, the day of the week and date on which it was served, where it was served, the person on whom it was served, and, where he is not the defendant, the capacity in which he was served, the plaintiff in the action begun by the writ shall not be entitled to enter final or interlocutory judgment against that defendant in default of appearance or in default of defence.

10/2 Service of writ on agent of overseas principal

2 (1) Where the Court is satisfied on an ex parte application that�

(a) a contract has been entered into within the jurisdiction with or through an agent who is either an individual re siding or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction, and

(b) the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate, and

(c) at the time of the application either the agent's authority has not been determined or he is still in business rela tions with his principal,

the Court may authorise service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.

(2) An order under this rule authorising service of a writ on a defendant's agent must limit a time within which the defendant must enter an appearance.

(3) Where an order is made under this rule authorising service of a writ on a defendant's agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction.

10/3 Service of writ in pursuance of contract

3 (1) Where�

(a) a contract contains a term to the effect that the court shall have jurisdiction to hear and determine any action in respect of the contract or, apart from any such term, the Court has jurisdiction to hear and determine any such action, and

(b) the contract provides that, in the event of any action in respect of the contract being begun, the process by which it is begun may be served on the defendant, or on such other person on his behalf as may be specified in the contract, in such manner, or at such place (whether within or out of the jurisdiction), as may be so specified,

then, if an action in respect of the contract is begun in the Court and the writ by which it is begun is served in accordance with the contract, the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant.

(2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the de fendant by virtue of paragraph (1) unless leave to serve the writ, or notice thereof, out of the jurisdiction has been granted under Order 11, rule 1 or 2.

10/4 Service of writ in certain action for possession of land

4 Where a writ is indorsed with a claim for the possession of land, the Court may�

(a) if satisfied on an ex parte application that no person ap pears to be in possession of the land and that service cannot be otherwise effected on any defendant, autho rise service on that defendant to be effected by affixing a copy of the writ to some conspicuous part of the land;

(b) if satisfied on such an application that no person ap pears to be in possession of the land and that service could not otherwise have been effected on any defen dant, order that service already effected by affixing a copy of the writ to some conspicuous part of the land shall be treated as good service on that defendant.

10/5 Service of originating summons, petition and notice of mo tion

5 The foregoing rules of this Order (except rule 1(4)) shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ, and rule 1(1) and (2) shall, with any necessary modifications, apply in relation to an originat ing summons to which no appearance need be entered, a notice of an originating motion and a petition as they apply in relation to a writ.

ORDER 11

SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION

11/1 Principal cases in which service of writ out of jurisdiction is permissible

1 (1) Subject to rule 3 service of a notice of a writ out of the ju risdiction is permissible with the leave of the Court in the following cases, that is to say�

(a) if the whole subject-matter of the action begun by the writ is land situated within the jurisdiction (with or without rents or profits) or the perpetuation of testimony relating to land so situate;

(b) if an act, deed, will, contract, obligation or liability af fecting land situate within the jurisdiction is sought to be construed, rectified, set aside or enforced in the ac tion begun by the writ;

(c) if in the action begun by the writ relief is sought against a person domiciled or ordinarily resident within the ju risdiction;

(d) if the action begun by the writ is for the administration of the estate of a person who died domiciled within the jurisdiction or if the action begun by the writ is for any relief or remedy which might be obtained in any such action as aforesaid;

(e) if the action begun by the writ is for the execution, as to property situate within the jurisdiction, of the trusts of a written instrument, being trusts that ought to be exe cuted according to the law of Bermuda and of which the person to be served with the writ is a trustee or if the action begun by the writ is for any relief or remedy which might be obtained in any such action as afore said;

(f) if the action begun by the writ is brought against a de fendant to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in ei ther case) a contract which�

(i) was made within the jurisdiction, or

(ii) was made by or through an agent trading or re siding within the jurisdiction on behalf of a prin cipal trading or residing out of the jurisdiction, or

(iii) is by its terms, or by implication, governed by the law of Bermuda;

(g) if the action begun by the writ is brought against a de fendant in respect of a breach committed within the ju risdiction of a contract made within or out of the juris diction, and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of the jurisdiction that rendered impossible the performance of so much of the contract as ought to have been performed within the jurisdiction;

(h) if the action begun by the writ is founded on a tort committed within the jurisdiction;

(i) if in the action begun by the writ an injunction is sought ordering the defendant to do or refrain from doing any thing within the jurisdiction (whether or not damages are also claimed in respect of a failure to do or the doing of that thing);

(j) if the action begun by the writ being properly brought against a person duly served within the jurisdiction, a person out of the jurisdiction is a necessary or proper party thereto;

(k) if the action begun by the writ is either by a mortgagee of property situate within the jurisdiction (other than land) and seeks the sale of the property; the foreclosure
of the mortgage or delivery by the mortgagor of possession of the property but not an order for payment of any moneys due under the mortgage or by a mortgagor of property so situate (other than land) and seeks redemption of the mortgage, reconveyance of the property or delivery by the mortgagee of possession of the property but not a personal judgment;

(l) if the action begun by writ is brought under the following United Kingdom Acts as applied to Bermuda�

The Carriage by Air Act 1961

The Carriage by Air (Supplementary Provisions) Act 1962

The Merchant Shipping (Oil Pollution Act) 1971 [title 31 item 15];

(m) if the action is a probate action within the meaning of Order 76; or

(n) if the action is for the enforcement of an arbitration award made within the jurisdiction.

In this paragraph "mortgage" includes a charge or lien, "mortgagee" means a person entitled to, or interested in a mortgage and "mortgagor' means a person entitled to, or interested in property subject to a mort gage.

(2) Service of notice of a writ in any place out of the jurisdiction is permissible without the leave of the Court if every claim made in the action begun by the writ is one which by virtue of an enactment the Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction.

(3) Where a notice of a writ is to be served out of the jurisdic tion under paragraph (2), the time to be inserted in the notice within which the defendant served therewith must enter an appearance shall be limited in accordance with the practice adopted under rule 4(4).

11/2 Service out of jurisdiction in certain actions of contract

2 Where it appears to the Court that a contract contains a term to the effect that the Court shall have jurisdiction to hear and determine any action in respect of the contract, the Court may, subject to rule 3, grant leave for service out of the jurisdiction of the notice of the writ, by which an action in respect of the contract is begun.

11/3 Leave for service of notice of writ

3 (1) Leave granted under rule 1 or 2 shall be leave for service out of the jurisdiction of notice of the writ and not the writ.

(2) Notice of a writ for service out of the jurisdiction must be in Form No. 6 in Appendix A.

11/4 Application for, and grant of, leave to serve writ out of juris diction

4 (1) An application for the grant of leave under rule 1 or 2 must be supported by an affidavit stating the grounds on which the applica tion is made and that, in the deponent's belief, the plaintiff has a good cause of action, and showing in what place or country the defendant is, or probably may be found.

(2) No such leave shall be granted unless it shall be made suf ficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.

(3) [blank]

(4) An order granting under rule 1 or 2 leave to serve a notice of a writ out of the jurisdiction must limit a time within which the defen dant to be served must enter an appearance.

11/5 Service of notice of writ abroad: general

5 (1) Subject to the following provisions of this rule, Order 10, rule 1, and Order 65, rule 4, shall apply in relation to the service of a notice of a writ, notwithstanding that the notice is to be served out of the jurisdiction.

(2) Nothing in this rule or in any order or direction of the Court made by virtue of it shall authorise or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country.

(3) A notice of a writ which is to be served out of the jurisdic tion�

(a) need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected; and

(b) need not be served by the plaintiff or his agent if it is served by a method provided for by rule 6 or rule 7.

(4) Where a certificate under the following provisions of this rule is produced in relation to the service of notice of a writ in accor dance with rule 6 or rule 7, Order 10, rule 1(4), shall not apply in rela tion to that service.

(5) An official certificate stating that a notice of a writ as re gards which rule 6 has been complied with has been served on a person personally, or in accordance with the law of the country in which service was effected, on a specified date, being a certificate�

(a) by a British consular authority in that country; or

(b) by the government or judicial authorities of that country; or

shall be evidence of the facts stated.

(6) An official certificate by the Deputy Governor stating that notice of a writ has been duly served on a specified date in accordance with a request made under rule 7 shall be evidence of that fact.

(7) A document purporting to be a certificate as is mentioned in paragraph (5) or (6) shall, until the contrary is proved, be deemed to be such a certificate.

(8) In this rule and rule 6 "the Hague Convention" means the Convention on the service abroad of judicial and extra-judicial docu ments in civil or commercial matters signed at the Hague on November 19, 1965.

11/6 Service of notice of writ abroad through foreign govern ments, judicial authorities and British Consuls

6 (1) This rule does not apply to service in any Commonwealth country, any colony, protectorate or protected state of the United King dom, or any trust territory administered by the Government of any Commonwealth country.

(2) Where in accordance with these rules notice of a writ is to be served on a defendant in any country with respect to which there subsists a Civil Procedure Convention (other than the Hague Convention) providing for service in that country of process of the Supreme Court, the notice may be served�

(a) through the judicial authorities of that country; or

(b) through a British consular authority in that country (subject to any provision of the convention as to the na tionality of persons who may be so served).

(2A) Where in accordance with these rules, notice of a writ is to be served on a defendant in any country which is a party to the Hague Convention, the notice may be served�

(a) through the authority designated under the Convention in respect of that country; or

(b) if the law of that country permits�

(i) through the judicial authorities of that country, or

(ii) through a British consular authority in that country.

(3) Where in accordance with these Rules notice of a writ is to be served on a defendant in any country with respect to which there does not subsist a Civil Procedure Convention providing for service in that country of process of the Court, the notice may be served�

(a) through the government of that country, where that gov ernment is willing to effect service; or

(b) through a British consular authority in that country, ex cept where service through such an authority is contrary to the law of that country.

(4) A person who wishes to serve notice of a writ by a method specified in paragraph (2), (2A) or 3 must lodge in the Registry a request for service of notice of the writ by that method, together with a copy of the notice and an additional copy thereof for each person to be served.

(5) Every copy of a notice lodged under paragraph (4) must be accompanied by a translation of the notice in the official language of the country in which service is to be effected, or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place in that country where service is to be effected:

Provided that this paragraph shall not apply to a copy of a notice which is to be served in a country the official language of which is, or the official languages of which include, English, or is to served in any coun try by a British consular authority on a British subject, unless the ser vice is to be effected under paragraph (2) and the Civil Procedure
Con vention with respect to that country expressly requires the copy to be ac companied by a translation.

(6) Every translation lodged under paragraph (5) must be certi fied by the person making it to be a correct translation; and the certifi cate must contain a statement of that person's full name, of his address and of his qualifications for making the translation.

(7) Documents duly lodged under paragraph (4) shall be sent by the Registrar to the Deputy Governor with a request that he arrange for notice of the writ to be served by the method indicated in the request lodged under paragraph (4) or, where alternative methods are indicated, by such one of those methods as is most convenient.

11/7 Service of notice of writ in certain actions under certain Acts

7 (1) Where a person to whom leave has been granted under rule 1 to serve notice of a writ on a High Contracting Party to the convention set out in Schedule 1 to the Carriage by Air Act 1961 or the Schedule to the Carriage by Air (Supplementary Provisions) Act 1962, being a writ beginning an action to enforce a claim in respect of carriage undertaken by that Party, wishes to have the notice served on that Party, he must lodge with the Registrar�

(a) a request for service to be arranged by the Deputy Gov ernor; and

(b) a copy of the notice; and

(c) except where the official language of the High Contract ing Party is, or the official languages of that Party in clude English, a translation of the notice in the official language or one of the official languages of the High Contracting Party.

(3) Rule 6(6) shall apply in relation to a translation lodged un der paragraph (1) of this rule as it applies in relation to a translation lodged under paragraph (5) of that rule.

(4) Documents duly lodged under this rule shall be sent by the Registrar to the Deputy Governor with a request that the Deputy Gover nor arrange for the notice to be served on the High Contracting Party or the government in question, as the case may be.

11/8 Undertaking to pay expenses of service by Deputy Governor

8 Every request lodged under rule 6(4) or rule 7 must contain an undertaking by the person making the request to be responsible person ally for all expenses incurred by the Deputy Governor in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the Accountant General and to produce a receipt for the payment to the Registrar.

11/9 Service of originating summons, petition, notice of motion, etc.

9 (1) Subject to paragraph (2) and to Order 73, rule 7, service out of the jurisdiction of an originating summons is permissible with the leave of the Court.

(2) Where the proceedings begun by an originating summons might have been begun by writ, service out of the jurisdiction of the originating summons is permissible as aforesaid if, but only if, service of the writ, or notice of the writ, out of the jurisdiction would be permissible had the proceedings been begun by writ.

(3) Where any proceedings are authorised by these Rules or (apart from these rules) by or under any enactment to be begun by origi nating motion or petition, service out of the jurisdiction of the notice of motion or of the petition is permissible with the leave of the Court.

(4) Subject to Order 73, rule 7, service out of the jurisdiction of any summons, notice or order issued, given or made in any proceedings is permissible with the leave of the Court.

(5) Rule 4(1) and (2) shall, so far as applicable, apply in relation to an application for the grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1 or 2.

(6) An order granting under this rule leave to serve out of the jurisdiction an originating summons to which an appearance is required to be entered must limit a time within which the defendant to be served with the summons must enter an appearance.

(7) Rules 5, 6 and 8 shall apply in relation to any document for the service of which out of the jurisdiction leave has been granted under this rule as they apply in relation to a writ.

ORDER 12

ENTRY OF APPEARANCE TO WRIT OR ORIGINATING SUMMONS

12/1 Mode of entering appearance

1 (1) Subject to paragraph (2) and to Order 80, rule 2, a defen-dant to an action begun by writ may (whether or not he issued as a
trustee or estate representative or in any other representative capacity) enter an appearance in the action and defend it by an attorney or in per son.

(2) Except as expressly provided by any enactment, a defen dant to such an action who is a body corporate may not enter an ap pearance in the action or defend it otherwise than by an attorney.

(3) An appearance is entered by properly completing the requi site documents, that is to say, a memorandum of appearance, as defined by rule 3, and a copy thereof, and handing them in at, or sending them by post to, the Registry.

(4) If two or more defendants to an action enter an appearance by the same attorney and at the same time, only one set of the requisite documents need be completed and delivered for those defendants.

12/2 [blank]

12/3 Memorandum of appearance

3 (1) A memorandum of appearance is a request to the Registrar to enter an appearance for the defendant or defendants specified in the memorandum.

(2) A memorandum of appearance must be in Form No. 14 in Appendix A, and both the memorandum of appearance and the copy thereof required for entering an appearance must be signed by the attor ney by whom the defendant appears or, if the defendant appears in per son, by the defendant.

(3) A memorandum of appearance must specify�

(a) in the case of a defendant appearing in person, the ad dress of his place of residence and, if his place of resi dence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdic tion at or to which documents for him may be delivered or sent; and

(b) in the case of a defendant appearing by an attorney, a business address of his attorney's within the jurisdic tion;

and where the defendant enters an appearance in person, the address within the jurisdiction specified under sub-paragraph (a) shall be his ad dress for service, but otherwise his attorney's business address shall be his address for service.

(5) If the Court is satisfied on application by the plaintiff that any address specified in the memorandum of appearance is not genuine, the Court may set aside the appearance.

12/4 Procedure on receipt of requisite documents

4 (1) On receiving the requisite documents the Registrar must in all cases affix to the copy of the memorandum of appearance an official stamp showing the date on which he received those documents and enter the appearance in the cause book, and�

(a) if the requisite documents were handed in at the Reg istry, hand back that copy of the memorandum, and

(b) if they were sent by post, send that copy by post to the plaintiff or, as the case may be, his attorney at the plaintiff's address for service and also send by post to the defendant or, as the case may be, his attorney at the defendant's address for service a notice of appearance (stamped with the official stamp showing that date) stating that the defendant specified therein entered an appearance on that date.

(2) Where the defendant enters an appearance by handing in the requisite documents at the Registry, he must on the date on which he enters the appearance send by post to the plaintiff, if the plaintiff sues in person, but otherwise to the plaintiff's attorney, at the plaintiff's address for service, the copy of the memorandum of appearance handed back to him under paragraph (1).

12/5 Time limited for appearing

5 References in these rules to the time limited for appearing are references�

(a) in the case of a writ served within the jurisdiction, to fourteen days after service of the writ (including the day of service) or, where that time has been extended by or by virtue of these Rules, to that time as so extended; and

(b) in the case of a notice of a writ, served out of the juris diction, to the time limited under Order 10, rule 2(2), Order 11, rule 1(3) or rule 4(4), or, where that time has been extended as aforesaid, to that time as so extended.

12/6 Late appearance

6 (1) A defendant may not enter an appearance to an action after judgment has been entered therein except with the leave of the Court.

(2) Except as provided by paragraph (1), nothing in these rules or any writ or order thereunder shall be construed as precluding a de fendant from entering an appearance in an action after the time limited for appearing, but if a defendant enters an appearance after that time, he shall not, unless the Court otherwise orders, be entitled to serve a de fence or do any other thing later than if he had appeared within that time.

12/7 Conditional appearance

7 (1) A defendant to an action may with the leave of the Court enter a conditional appearance in the action.

(2) A conditional appearance, except by a person sued as a partner of a firm in the name of that firm and served as a partner, is to be treated for all purposes as an unconditional appearance unless the Court otherwise orders or the defendant applies to the Court, within the time limited for the purpose, for an order under rule 8 and the Court makes an order thereunder.

12/8 Application to set aside writ, etc.

8 (1) A defendant to an action may at any time before entering an appearance therein, or, if he has entered a conditional appearance, within fourteen days after entering the appearance, apply to the Court for an order setting aside the writ or service of the writ, or notice of the writ, on him, or declaring that the writ or notice has not been duly served on him or discharging any order giving leave to serve the writ or notice on him out of the jurisdiction.

(2) An application under this rule must be made by summons.

12/9 Appearance to originating summons

9 (1) Subject to paragraph (2), an appearance must be entered to every originating summons (other than an ex parte originating summons) by each defendant named in and served with the summons.

(2) No appearance need be entered to an originating summons in any case or class of case in relation to which special provision to that effect is made by these Rules or by or under any enactment.

(4) Subject to the foregoing provisions of this rule, the foregoing rules of this Order shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ except that for the reference in rule 5(b) to Order 11, rule 1(3), rule 4(4) there shall be substituted a reference to Order 11, rule 9(6).

ORDER 13

DEFAULT OF APPEARANCE TO WRIT

13/1 Claim for liquidated demand

1 (1) Where a writ is indorsed with a claim against a defendant for a liquidated demand only, then, if that defendant fails to enter an ap pearance, the plaintiff may, after the time limited for appearing, enter fi nal judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.

(2) A claim shall not be prevented from being treated for the purposes of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest accruing after the date of the writ at an unspecified rate, but any such interest shall be computed from the date of the writ to the date of entering judgment at the statutory rate as fixed by the Interest and Credit Charges (Regulation) Act 1975 [title 17 item 22].

13/2 Claim for unliquidated damages

2 Where a writ is indorsed with the claim against a defendant for unliquidated damages only, then, if that defendant fails to enter an ap pearance, the plaintiff may, after the time limited for appearing, enter interlocutory judgment against that defendant for damages to be as sessed and costs, and proceed with the action against the other defen dants, if any.

13/3 Claim in detinue

3 Where a writ is indorsed with a claim against a defendant relat ing to the detention of goods only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, at his option enter either�

(a) interlocutory judgment against that defendant for the delivery of the goods or their value to be assessed and costs; or

(b) interlocutory judgment for the value of the goods to be assessed and costs,

and proceed with the action against the other defendants, if any.

13/4 Claim for possession of land

4 (1) Where a writ is indorsed with a claim against a defendant for possession of land only, then, subject to paragraph (2), if that defen dant fails to enter an appearance the plaintiff may, after the time limited for appearing, and on producing a certificate by his attorney, or (if he sues in person), an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 88, rule 1, enter judgment for possession of the land as against that defendant and costs, and proceed with the action against the other defendants, if any.

(2) Notwithstanding anything in paragraph (1), the plaintiff shall not be entitled, except with the leave of the Court, to enter judg ment under that paragraph unless he produces a certificate by his attor ney, or (if he sues in person), an affidavit, stating either that the claim does not relate to a dwelling-house or that the claim relates to a dwelling-house to which the Rent Increases (Domestic Premises) Control Act 1978 [title 29 item 3] does not apply.

(3) An application for leave to enter judgment under paragraph (2) shall be by summons stating the grounds of the application, and the summons must, unless the Court otherwise orders and notwithstanding anything in Order 65, rule 9, be served on the defendant against whom it is sought to enter judgment.

(4) If the Court refuses leave to enter judgment, it may make or give any such order or directions as it might have made or given had the application been an application for judgment under Order 14, rule 1.

(5) Where there is more than one defendant, judgment entered under this rule shall not be enforced against any defendant unless and until judgment for possession of the land has been entered against all the defendants.

13/5 Mixed claims

5 Where a writ issued against any defendant is indorsed with two or more of the claims mentioned in the foregoing rules, and no other claim, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under those rules if that were the only claim indorsed on the writ, and proceed with the action against the other defendants, if any.

13/6 Other claims

6 (1) Where a writ is indorsed with a claim of a description not mentioned in rules 1 to 4, then, if any defendant fails to enter an ap pearance, the plaintiff may, after the time limited for appearing and upon filing an affidavit proving due service of the writ on that defendant and, where the statement of claim was not indorsed on or served with the writ, upon serving a statement of claim on him, proceed with the action as if that defendant had entered an appearance.

(2) Where a writ issued against a defendant is indorsed as aforesaid, but by reason of the defendant's satisfying the claim or com plying with the demands thereof or any other like reason it has become unnecessary for the plaintiff to proceed with the action, then, if the de fendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter judgment with the leave of the Court against that defendant for costs.

(3) An application for leave to enter judgment under paragraph (2) shall be by summons which must, unless the Court otherwise orders, and notwithstanding anything in Order 65, rule 9, be served on the de fendant against whom it is sought to enter judgment.

13/7 Proof of service of writ

7 (1) Judgment shall not be entered against a defendant under this Order unless�

(a) an affidavit is filed by or on behalf of the plaintiff proving due service of the writ or notice of the writ on the defen dant; or

(b) the plaintiff produces the writ indorsed by the defen dant's attorney with a statement that he accepts service of the writ on the defendant's behalf.

(2) Where, in an action begun by writ, an application is made to the Court for an order affecting a party who has failed to enter an ap pearance, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party is in default of appearance.

13/8 [blank]

13/9 Setting aside judgment

9 The Court may on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.

ORDER 14

SUMMARY JUDGMENT

14/1 Application by plaintiff for summary judgment

1 (1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has entered an appearance in the action, the plaintiff may, on the ground that the de fendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant.

(2) Subject to paragraph (3), this rule applies to every action begun by writ other than one which includes�

(a) a claim by the plaintiff for libel, slander, malicious pros ecution or false imprisonment,

(b) a claim by the plaintiff based on an allegation of fraud,

(3) This Order shall not apply to an action to which Order 86 applies.

14/2 Manner in which application under Rule 1 must be made

2 (1) An application under rule 1 must be made by summons supported by an affidavit verifying the facts on which the claim, or the part of a claim, to which the application relates is based and stating that in the deponent's belief there is no defence to that claim or part, as the case may be, or no defence except as to the amount of any damages claimed.

(2) Unless the Court otherwise directs, an affidavit for the pur poses of this rule may contain statements of information or belief with the sources and grounds thereof.

(3) The summons, a copy of the affidavit in support and of any exhibits referred to therein must be served on the defendant not less than ten clear days before the return day.

14/3 Judgment for plaintiff

3 (1) Unless on the hearing of an application under rule 1 either the Court dismisses the application or the defendant satisfies the Court with respect to the claim, or the part of a claim, to which the ap plication relates that there is an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial of that claim or part, the Court may give such judgment for the plaintiff against that defendant on that claim or part as may be just having re gard to the na ture of the remedy or relief claimed.

(2) The Court may by order and subject to such conditions, if any, as may be just, stay execution of any judgment given against a de fendant under this rule until after the trial of any counterclaim made or raised by the defendant in the action.

14/4 Leave to defend

4 (1) A defendant may show cause against an application under rule 1 by affidavit or otherwise to the satisfaction of the Court.

(2) Rule 2(2) applies for the purposes of this rule as it applies for the purposes of that rule.

(3) The Court may give a defendant against whom such an ap plication is made leave to defend the action with respect to the claim, or the part of a claim, to which the application relates either uncondition ally or on such terms as to giving security or time or mode of trial or oth erwise as it thinks fit.

(4) On the hearing of such an application the Court may order a defendant showing cause or, where that defendant is a body corporate, any director, manager, secretary or other similar officer thereof, or any person purporting to act in any such capacity�

(a) to produce any document;

(b) if it appears to the Court that there are special circum stances which make it desirable that he should do so, to attend and be examined on oath.

14/5 Application for summary judgment on counterclaim

5 (1) Where a defendant to an action begun by writ has served a counterclaim on the plaintiff, then, subject to paragraph (3), the defen dant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against the plaintiff on that claim or part.

(2) Rules 2, 3 and 4 shall apply in relation to an application under this rule as they apply in relation to an application under rule 1 but with the following modifications, that is to say�

(a) references to the plaintiff and defendant shall be con-
strued as references to the defendant and plaintiff re spectively;

(b) the words in rule 3(2) "any counterclaim made or raised by the defendant in" shall be omitted; and

(c) the reference in rule 4(3) to the action shall be construed as a reference to the counterclaim to which the applica tion under this rule relates.

(3) This rule shall not apply to a counterclaim which includes any such claim as is referred to in rule 1(2).

14/6 Directions

6 (1) Where the Court�

(a) orders that a defendant or a plaintiff have leave (whether conditional or unconditional) to defend an action or counterclaim, as the case may be, with respect to a claim or a part of a claim, or

(b) gives judgment for plaintiff or a defendant on a claim or part of a claim but also orders that execution of the judgment be stayed pending the trial of a counterclaim or of the action, as the case may be,

the Court shall give directions as to the further conduct of the action, and Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the orders and direc tions which they require and with any other necessary modifications, ap ply as if the application under rule 1 of this Order or rule 5 thereof, as the case may be, on which the order was made were a summons for di rections.

(2) In particular, and if the parties consent, the Court may di rect that the claim in question and any other claim in the action be tried by the Registrar under the provisions of these Rules relating to the trial of causes or matters or questions or issues by the Registrar.

14/7 Costs

7 (1) If the plaintiff makes an application under rule 1 where the case is not within this Order or if it appears to the Court that the plaintiff knew that the defendant relied on a contention which would entitle him to unconditional leave to defend then, without prejudice to Order 62, and, in particular, to rule 4(1) thereof, the Court may dismiss the appli cation with costs and may require the costs to be paid by him forthwith.

(2) The Court shall have the same power to dismiss an appli cation under rule 5 as it has under paragraph (1) to dismiss an applica tion under rule 1, and that paragraph shall apply accordingly with the necessary modifications.

14/8 Right to proceed with residue of action or counterclaim

8 (1) Where on an application under rule 1 the plaintiff obtains judgment on a claim or a part of a claim against any defendant, he may proceed with the action as respects any other claim or as respects the remainder of the claim or against any other defendant.

(2) Where on an application under rule 5 a defendant obtains judgment on a claim or part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or as respects the remainder of the claim or against any other de fendant to the counter claim.

14/9 Judgment for delivery up of chattel

9 Where the claim to which an application under rule 1 or rule 5 relates is for the delivery up of a specified chattel and the Court gives judgment under this Order for the applicant, it shall have the same power to order the party against whom judgment is given to deliver up the chattel without giving him an option to retain it on paying the as sessed value thereof as if the judgment had been given after trial.

14/10 Relief against forfeiture

10 A tenant shall have the same right to apply for relief after judg ment for possession of land on the ground of forfeiture for non-payment of rent has been given under this Order as if the judgment had been given after the trial.

14/11 Setting aside judgment

11 Any judgment given against a party who does not appear at the hearing of an application under rule 1 or rule 5 may be set aside or var ied by the Court on such terms as it thinks just.

ORDER 15

CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES

15/1 Joinder of causes of action

1 (1) Subject to rule 5(1), a plaintiff may in one action claim relief against the same defendant in respect of more than one cause of action�

(a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity in respect of all the causes of action, or

(b) if the plaintiff claims or the defendant is alleged to be li able in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of all the others, or

(2) An application for leave under this rule must be made ex parte by affidavit before the issue of the writ or originating summons, as the case may be, and the affidavit must state the grounds of the applica tion.

15/2 Counterclaim against plaintiff

2 (1) Subject to rule 5(2), a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against a plaintiff in the action in respect of any matter (whenever and however arising) may, instead of bringing a separate action, make a counterclaim in respect of that matter; and where he does so he must add the coun terclaim to his defence.

(2) Rule 1 shall apply in relation to a counterclaim as if the counterclaim were a separate action and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.

(3) A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in the action or that the action is stayed, discontinued or dismissed.

(4) Where a defendant establishes a counterclaim against the claim of the plaintiff and there is a balance in favour of one of the par ties, the Court may give judgment for the balance, so, however, that this provision shall not be taken as affecting the Court's discretion with re spect to costs.

15/3 Counterclaim against additional parties

3 (1) Where a defendant to an action who makes a counterclaim against the plaintiff alleges that any other person (whether or not a party to the action) is liable to him along with the plaintiff in respect of the subject matter of the counterclaim, or claims against such other person any relief relating to or connected with the original subject-matter of the action, then, subject to rule 5(2), he may join that other person as a party against whom the counterclaim is made.

(2) Where a defendant joins a person as a party against whom he makes a counterclaim, he must add that person's name to the title of the action and serve on him a copy of the counterclaim; and a person on whom a copy of a counterclaim is served under this paragraph shall, if he is not already a party to the action, become a party to it as from the time of service with the same rights in respect of his defence to the counterclaim and otherwise as if he had been duly sued in the ordinary way by the party making the counterclaim.

(3) A defendant who is required by paragraph (2) to serve a copy of the counterclaim made by him on any person who before service is already a party to the action must do so within the period which, by virtue of Order 18, rule 2, he must serve on the plaintiff the defence to which the counterclaim is added.

(4) Entry of appearance to a counterclaim by a person who is not already a party to the action shall be made at the Registry.

(5) Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on a person who is not already a party to the ac tion, the following provisions of these rules, namely, Order 10 (except rule 1(4)), Order 11 (except rule 3), Orders 12 and 13 and Order 75, rule 4, shall, subject to the last foregoing paragraph, apply in relation to the counterclaim and the proceedings arising from it as if�

(a) the counterclaim were a writ and the proceedings arising from it an action; and

(b) the party making the counterclaim were a plaintiff and the party against whom it is made a defendant in that action.

(6) A copy of a counterclaim required to be served on a person who is not already a party to the action must be indorsed with a notice, in Form No. 17 in Appendix A, addressed to that person�

(a) stating the effect of Order 12, rule 1, as applied by para-
graph (5),

(b) stating that the Registry is the appropriate office for the entry of appearance by that person to the counterclaim, and

15/4 Joinder of parties

4 (1) Subject to rule 5(1), two or more persons may be joined to gether in one action as plaintiffs or as defendants with the leave of the Court or where�

(a) if separate actions were brought by or against each of them, as the case may be, some common question of law or fact would arise in all the actions, and

(b) all rights to relief claimed in the action (whether they are joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions.

(2) Where the plaintiff in any action claims any relief to which any other person is entitled jointly with him, all persons so entitled must, subject to the provisions of any enactment and unless the Court gives leave to the contrary, be parties to the action and any of them who does not consent to being joined as a plaintiff must, subject to any order made by the Court on an application for leave under this paragraph, be made a defendant.

This paragraph shall not apply to a probate action.

(3) Where relief is claimed in an action against a defendant who is jointly liable with some other person and also severally liable, that other person need not be made a defendant to the action; but where per sons are jointly, but not severally, liable under a contract and relief is claimed against some but not all of those persons in an action in respect of that contract, the Court may, on the application of any defendant to the action, by order stay proceedings in the action until the other per sons so liable are added as defendants.

15/5 Court may order separate trials, etc.

5 (1) If claims in respect of two or more causes of action are in cluded by a plaintiff in the same action or by a defendant in a counter claim, or if two or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of causes of action or of parties, as the case may be, may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.

(2) If it appears on the application of any party against whom a counterclaim is made that the subject-matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may or der the counterclaim to be struck out or may order it to be tried sepa rately or make such other order as may be expedient.

15/6 Misjoinder and non-joinder of parties

6 (1) No cause or matter shall be defeated by reason of the mis joinder or nonjoinder of any party; and the Court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter.

(2) At any stage of the proceedings in any cause or matter the Court may on such terms as it thinks just and either of its own motion or on application�

(a) order any person who has been improperly or unneces sarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party;

(b) order any of the following persons to be added as a party, namely�

(i) any person who ought to have been joined as a party or whose presence before the Court is nec essary to ensure that all matters in dispute in the cause or matter may be effectually and com pletely determined and adjudicated upon, or

(ii) any person between whom and any party to the cause or matter there may exist a question or is sue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter;

but no person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorised.

(3) An application by any person for an order under paragraph (2) adding him as a party must, except with the leave of the Court, be supported by an affidavit showing his interest in the matters in dispute in the cause or matter or, as the case may be, the question or issue to be determined as between him and any party to the cause or matter.

15/6A Proceedings against estates

6A (1) Where any person against whom an action would have lain has died but the cause of action survives, the action may, if no grant of probate or administration has been made, be brought against the estate of the deceased.

(2) Without prejudice to the generality of paragraph (1), an ac tion brought against "the estate representatives of A.B. deceased" shall be treated, for the purposes of that paragraph, as having been brought against his estate.

(3) An action purporting to have been commenced against a defendant who has died shall, if the cause of action survives and no grant of probate or administration has been made, be treated as having been brought against his estate in accordance with paragraph (1).

(4) In any such action as is referred to in paragraph (1) or (3)�

(a) the plaintiff shall, during the period of validity for service of the writ or originating summons, apply to the Court for an order appointing a person to represent the de ceased's estate for the purpose of the proceedings or, if a grant of probate or administration has been made since the commencement of the action, for an order that the estate representative of the deceased be made a party to the proceedings, and in either case for an order that the proceedings be carried on against the person so ap pointed or, as the case may be, against the estate repre sentative, as if he had been substituted for the estate;

(b) the Court may, at any stage of the proceedings and on such terms as it thinks just and either of its own motion or on application, make any such order as is mentioned in sub-paragraph (a) and allow such amendments (if any) to be made and make such other order as the Court thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and com pletely determined and adjudicated upon.

(5) Before making an order under paragraph (4) the Court may require notice to be given to any insurer of the deceased who has an in terest in the proceedings and to such (if any) of the persons having an interest in the estate as it thinks fit.

(6) Where an order is made under paragraph (4), rules 7(4) and 8(3) and (4) shall apply as if the order had been made under rule 7 on the application of the plaintiff.

(7) Where no grant of probate or administration has been made, any judgment or order given or made in the proceedings shall bind the estate to the same extent as it would have been bound if a grant had been made and an estate representative of the deceased had been a party to the proceedings.

15/7 Change of parties by reason of death, etc.

7 (1) Where a party to an action dies or becomes bankrupt but the cause of action survives, the action shall not abate by reason of the death or bankruptcy.

(2) Where at any stage of the proceedings in any cause or mat ter the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may, if it thinks it necessary in order to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, order that other person to be made a party to the cause or matter and the pro ceedings to be carried on as if he had been substituted for the first men tioned party.

An application for an order under this paragraph may be made ex parte.

(3) An order may be made under this rule for a person to be made a party to a cause or matter notwithstanding that he is already a party to it on the other side of the record, or on the same side but in a different capacity, but�

(a) if he is already a party on the other side, the order shall be treated as containing a direction that he shall cease to be a party on that other side, and

(b) if he is already a party on the same side but in another capacity, the order may contain a direction that he shall cease to be a party in that other capacity.

(4) The person on whose application an order is made under this rule must procure the order to be noted in the cause book, and after the order has been so noted that person must, unless the Court other wise directs, serve the order on every other person who is a party
to the cause or matter or who becomes or ceases to be a party by virtue of the order and serve with the order on any person who becomes a defendant a copy of the writ or originating summons by which the cause or matter was begun.

(5) Any application to the Court by a person served with an or der made ex parte under this rule for the discharge or variation of the order must be made within fourteen days after the service of the order on that person.

15/8 Provisions consequential on making of order under rule 6 or 7

8 (1) Where an order is made under rule 6 the writ by which the action in question was begun must be amended accordingly and must be indorsed with�

(a) a reference to the order in pursuance of which the amendment is made, and

(b) the date on which the amendment is made;

and the amendment must be made within such period as may be speci fied in the order or, if no period is so specified, within fourteen days after the making of the order.

(2) Where by an order under rule 6 a person is to be made a defendant, the rules as to service of a writ of summons shall apply ac cordingly to service of the amended writ on him, but before serving the writ on him the person on whose application the order was made must procure the order to be noted in the cause book.

(3) Where by an order under rule 6 or 7 a person is to be made a defendant the rules as to entry of appearance shall apply accordingly to entry of appearance by him subject, in the case of a person to be made a defendant by an order under rule 7, to the modification that the time limited for appearing shall begin with the date on which the order is served on him under rule 7(4) or, if the order is not required to be served on him, with the date on which the order is noted in the cause book.

(4) Where by an order under rule 6 or 7 a person is to be added as a party or is to be made a party in substitution for some other party, that person shall not become a party until�

(a) where the order is made under rule 6, the writ has been amended in relation to him under this rule and (if he is a defendant) has been served on him, or

(b) where the order is made under rule 7, the order has been served on him under rule 7 (4) or, if the order is not required to be served on him, the order has been noted in the cause book;

and where by virtue of the foregoing provision a person becomes a party in substitution for some other party, all things done in the course of the proceedings before the making of the order shall have effect in relation to the new party as they had in relation to the old, except that entry of ap pearance by the old party shall not dispense with entry of appearance by the new.

(5) The foregoing provisions of this rule shall apply in relation to an action begun by originating summons as they apply in relation to an action begun by writ.

15/9 Failure to proceed after death of party

9 (1) If after the death of a plaintiff or defendant in any action the cause of action survives, but no order under rule 7 is made substituting as plaintiff any person in whom the cause of action vests or, as the case may be, the estate representatives of the deceased defendant, the defen dant or, as the case may be, those representatives may apply to the Court for an order that unless the action is proceeded with within such time as may be specified in the order the action shall be struck out as against the plaintiff or defendant, as the case may be, who has died; but where it is the plaintiff who has died, the Court shall not make an order under this rule unless satisfied that due notice of the application has been given to the estate representatives (if any) of the deceased plaintiff and to any other interested persons who, in the opinion of the Court, should be notified.

(2) Where in any action a counterclaim is made by a defendant, this rule shall apply in relation to the counterclaim as if the counterclaim were a separate action and as if the defendant making the counterclaim were the plaintiff and the person against whom it is made a defendant.

15/10 Actions for possession of land

10 (1) Without prejudice to rule 6, the Court may at any stage of the proceedings in an action for possession of land order any person not a party to the action who is in possession of the land (whether in actual possession or by a tenant) to be added as a defendant.

(2) An application by any person for an order under this rule
may be made ex parte, supported by an affidavit showing that he is in possession of the land in question and if by a tenant, naming him.

(3) A person added as a defendant by an order under this rule must serve a copy of the order on the plaintiff and must enter an ap pearance in the action within such period, if any, as may be specified in the order or, if no period is so specified, within seven days after the making of the order, and the rules as to entry of appearance shall apply accordingly to entry of appearance by him.

15/11 Relator actions

11 Before the name of any person is used in any action as a relator, that person must give a written authorisation so to use his name to his attorney and the authorisation must be filed in the Registry.

15/12 Representative proceedings

12 (1) Where numerous persons have the same interest in any proceedings, not being such proceedings as are mentioned in rule 13, the proceedings may be begun, and, unless the Court otherwise orders, con tinued, by or against any one or more of them as representing all or as representing all except one or more of them.

(2) At any stage of proceedings under this rule the Court may on the application of the plaintiff, and on such terms, if any, as it thinks fit, appoint any one or more of the defendants or other persons as repre senting whom the defendants are sued to represent all, or all except one or more, of those persons in the proceedings; and where, in exercise of the power conferred by this paragraph, the Court appoints a person not named as a defendant, it shall make an order under rule 6 adding that person as a defendant.

(3) A judgment or order given in proceedings under this rule shall be binding on all the persons as representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be enforced against any person not a party to the proceedings except with the leave of the Court.

(4) An application for the grant of leave under paragraph (3) must be made by summons which must be served personally on the per son against whom it is sought to enforce the judgment or order.

(5) Notwithstanding that a judgment or order to which any such application relates is binding on the person against whom the ap plication is made, that person may dispute liability to have the judgment or order enforced against him on the ground that by reason of facts and matters particular to his case he is entitled to be exempted from such li ability.

(6) The Court hearing application for the grant of leave under paragraph (3) may order the question whether the judgment or order is enforceable against the person against whom the application is made to he tried and determined in any manner in which any issue or question in an action may be tried and determined.

15/13 Representation of interested persons who cannot be ascer tained

13 (1) In any proceedings concerning�

(a) the estate of a deceased person, or

(b) property subject to a trust, or

the Court, if satisfied that it is expedient so to do, and that one or more of the conditions specified in paragraph (2) are satisfied, may ap point one or more persons to represent any person (including an unborn per son) or class who is or may be interested (whether presently or for any future, contingent or unascertained interest) in or affected by the pro ceedings.

The conditions of exercise of power conferred by paragraph (1) are as follows:�

(a) that the person, the class or some member of the class, cannot be ascertained or cannot readily be ascertained;

(b) that the person, the class or some member of the class, though ascertained, cannot be found;

(c) that, though the person or the class and the members thereof can be ascertained and found, it appears to the Court expedient (regard being had to all the circum stances, including the amount at stake and the degree of difficulty of the point to be determined) to exercise the power for the purpose of saving expense.

(3) Where in any proceedings to which paragraph (1) applies, the Court exercises the power conferred by that paragraph, a judgment or order of the Court given or made when the person or persons ap pointed in exercise of that power are before the Court shall be binding on the person or class represented by the person or persons so appointed.

(4) Where, in any such proceedings, a compromise is proposed
and some of the persons who are interested in, or who may be affected by, the compromise are not parties to the proceedings (including unborn or unascertained persons) but�

(a) there is some other person in the same interest before the Court who assents to the compromise or on whose behalf the Court sanctions the compromise, or

(b) the absent persons are represented by a person ap pointed under paragraph (1) who so assents,

the Court, if satisfied that the compromise will be for the benefit of the absent persons and that it is expedient to exercise this power, may ap prove the compromise and order that it shall be binding on the absent persons, and they shall be bound accordingly except where the order has been obtained by fraud or non-disclosure or material facts.

15/14 Representation of beneficiaries by trustees, etc.

14 (1) Any proceedings, including proceedings to enforce a secu rity by foreclosure or otherwise, may be brought by or against trustees, executors or administrators in their capacity as such without joining any of the persons having a beneficial interest in the trust or estate, as the case may be; and any judgment or order given or made in those pro ceedings shall be binding on those persons unless the Court in the same or other proceedings otherwise orders on the ground that the trustees, executors or administrators, as the case may be, could not or did not in fact represent the interests of those persons in the first-mentioned pro ceedings.

(2) Paragraph (1) is without prejudice to the power of the Court to order any person having such an interest as aforesaid to be made a party to the proceedings or to make an order under rule 13.

15/15 Representation of deceased person interested in proceedings

15 (1) Where in any proceedings it appears to the Court that a deceased person was interested in the matter in question in the pro ceedings and that he has no estate representative, the Court may, on the application of any party to the proceedings, proceed in the absence of a person representing the estate of the deceased person or may by order appoint a person to represent that estate for the purposes of the pro ceedings; and any such order, and any judgment or order subsequently given or made in the proceedings, shall bind the estate of the deceased to the same extent as it would have been bound had an estate representa tive of that person been a party to the proceedings.

(2) Before making an order under this rule, the Court may re quire notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit.

15/16 Declaratory judgment

16 No action or other proceedings shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether or not any consequential relief is or could be claimed.

15/17 Conduct of proceedings

17 The Court may give the conduct of any action, inquiry or other proceedings to such person as it thinks fit.

ORDER 16

THIRD PARTY AND SIMILAR PROCEEDINGS

16/1 Third party notice

1 (1) Where in any action a defendant who has entered an ap pearance�

(a) claims against a person not already a party to the action any contribution or indemnity; or,

(b) claims against such a person any relief or remedy relat ing to or connected with the original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff; or

(c) requires that any question or issue relating to or con nected with the original subject-matter of the action should be determined not only as between the plaintiff and the defendant but also as between either or both of them and a person not already a party to the action;

then, subject to paragraph (2), the defendant may issue a notice in Form No. 20 or 21 in Appendix A, whichever is appropriate (in this Order re ferred to as a third party notice), containing a statement of the nature of the claim made against him and, as the case may be, either of the nature and grounds of the claim made by him or of the question or issue re quired to be determined.

(2) A defendant to an action may not issue a third party notice without the leave of the Court unless the action was begun by writ and
he issues the notice before serving his defence on the plaintiff.

(3) Where a third party notice is served on the person against whom it is issued, he shall as from the time of service be a party to the action (in this Order referred to as a third party) with the same rights in respect of his defence against any claim made against him in the notice and otherwise as if he had been duly sued in the ordinary way by the defendant by whom the notice is issued.

16/2 Application for leave to issue third party notice

2 (1) Application for leave to issue a third party notice may be made ex parte but the Court may direct a summons for leave to be is sued.

(2) An application for leave to issue a third party notice must be supported by an affidavit stating�

(a) the nature of the claim made by the plaintiff in the ac tion;

(b) the stage which proceedings in the action have reached;

(c) the nature of the claim made by the applicant or partic ulars of the question or issue required to be determined, as the case may be, and the facts on which the proposed third party notice is based; and

(d) the name and address of the person against whom the third party notice is to be issued.

16/3 Issue and service of, and entry of appearance to, third party notice

3 (1) The order granting leave to issue a third party notice may contain directions as to the period within which the notice is to be is sued.

(2) There must be served with every third party notice a copy of the writ or originating summons by which the action was begun and of the pleadings (if any) served in the action.

(3) Appearance to a third party notice must be entered at the Registry.

(4) Subject to the foregoing provisions of this rule, the following provisions of these rules, namely, Order 6, rule 7(3) and (5), Order 10 (except rule 1(4)), Order 11 (except rule 3), Order 12 and Order 75, rule 4, shall apply in relation to a third party notice and to the proceedings be gun thereby as if�

(a) the third party notice were a writ and the proceedings begun thereby an action; and

(b) the defendant issuing the third party notice were a plaintiff and the person against whom it is issued a de fendant in that action.

16/4 Third party directions

4 (1) If the third party enters an appearance, the defendant who issued the third party notice must, by summons to be served on all the other parties to the action, apply to the Court for directions.

(2) If no summons is served on the third party under para graph (1), the third party may, not earlier than 7 days after entering an appearance, by summons to be served on all the other parties to the ac tion, apply to the Court for directions or for an order to set aside the third party notice.

(3) On an application for directions under this rule the Court may�

(a) if the liability of the third party to the defendant who is sued the third party notice is established on the hearing, order such judgment as the nature of the case may re quire to be entered against the third party in favour of the defendant; or

(b) order any claim, question or issue stated in the third party notice to be tried in such manner as the Court may direct; or

and may do so either before or after any judgment in the action has been signed by the plaintiff against the defendant.

(4) On an application for directions under this rule the Court may give the third party leave to defend the action, either alone or jointly with any defendant upon such terms as may be just, or to appear at the trial and to take such part there in as may be just, and generally may make such order said give such directions as appear to the Court proper for having the rights and liabilities of the parties most conveniently de termined and enforced and as to the extent to which the third party is to be bound by any judgment or decision in the action.

(5) Any order made or direction given under this rule may be varied or rescinded by the Court at any time.

16/5 Default of third party, etc.

5 (1) If a third party does not enter an appearance or, having been ordered to serve a defence, fails to do so�

(a) he shall be deemed to admit any claim stated in the third party notice and shall be bound by any judgment (including judgment by consent) or decision in the action in so far as it is relevant to any claim, question or issue stated in that notice; and

(b) the defendant by whom the third party notice was issued may, if judgment in default is given against him in the action, at any time after satisfaction of that judgment and, with the leave of the Court, before satisfaction thereof, enter judgment against the third party in re spect of any contribution or indemnity claimed in the notice and, with the leave of the Court, in respect of any other relief or remedy claimed therein.

(2) If a third party or the defendant by whom a third party no tice was issued makes default in serving any pleading which he is or dered to serve, the Court may, on the application by summons of that defendant or the third party as the case maybe, order such judgment to be entered for the applicant as he is entitled to on the pleadings or may make such other order as may appear to the Court necessary to do jus tice between the parties.

(3) The Court may at any time set aside or vary a judgment entered under paragraph (1)(b) or paragraph (2) on such terms (if any) as it thinks just.

16/6 Setting aside third party proceedings

6 Proceedings on a third party notice may, at any stage of the pro ceedings, be set aside by the Court.

16/7 Judgment between defendant and third party

7 (1) Where in any action a defendant has served a third party notice, the Court may at or after the trial of the action or, if the action is decided otherwise than by trial, on an application by summons or mo tion, order such judgment as the nature of the case may require to be entered for the defendant against the third party or for the third party against the defendant.

(2) Where in an action judgment is given against a defendant and judgment is given for the defendant against a third party, execution shall not issue against the third party without the leave of the Court un til the judgment against the defendant has been satisfied.

16/8 Claims and issues between a defendant and some other party

8 (1) Where in any action a defendant who has entered an ap pearance�

(a) claims against a person who is already a party to the ac tion any contribution or indemnity; or

(c) requires that any question or issue relating to or con nected with the original subject-matter of the action should be determined not only as between the plaintiff and himself but also as between either or both of them and some other person who is already a party to the ac tion;

then, subject to paragraph (2), the defendant may, without leave, issue and serve on that person a notice containing a statement of the nature and grounds of his claim or, as the case may be, of the question or issue required to be determined.

(2) Where a defendant makes such a claim as is mentioned in paragraph (1) and that claim could be made by him by counterclaim in the action, paragraph (1) shall not apply in relation to the claim.

(3) No appearance to such a notice shall be necessary if the person on whom it is served has entered an appearance in the action or is a plaintiff therein, and the same procedure shall be adopted for the determination between the defendant by whom, and the person on whom, such a notice is served of the claim, question or issue stated in the notice as would be appropriate under this Order if the person served with the notice were a third party and (where he has entered an appear ance in the action or is a plaintiff) had entered an appearance to the no-tice.

(4) Rule 4(2) shall have effect in relation to proceedings on a notice issued under this rule as if for the words "seven days after enter ing an appearance" there were substituted the words "fourteen days after service of the notice on him."

16/9 Claims by third and subsequent parties

9 (1) Where a defendant has served a third party notice and the third party makes such a claim or requirement as is mentioned in rule 1 or rule 8, this Order shall, with the modification mentioned in paragraph (2) and any other necessary modifications, apply as if the third party were a defendant; and similarly where any further person to whom by virtue of this rule this Order applies as if he were a third party makes such a claim or requirement.

(2) The modification referred to in paragraph (1) is that para graph (3) shall have effect in relation to the issue of a notice under rule 1 by a third party in substitution for rule 1(2).

(3) A third party may not issue a notice under rule 1 without the leave of the Court unless the action in question was begun by writ and he issues the notice before the expiration of fourteen days after the time limited for appearing to the notice issued against him.

16/10 Offer of contribution

10 If, at any time after he has entered an appearance, a party to an action who, either as a third party or as one of two or more tortfeasors li able in respect of the same damage, stands to be held liable in the action to another party to contribute towards any debt or damages which may be recovered against that other party in the action, makes (without prej udice to his defence), a written offer to that other party to contribute to a specified extent to the debt or damages, then, notwithstanding that he reserves the right to bring the offer to the attention of the judge at the trial, the offer shall not be brought to the attention of the judge until af ter all questions of liability and amount of debt or damages have been decided.

16/11 Counterclaim by defendant

11 Where in any action a counterclaim is made by a defendant, the foregoing provisions of this Order shall apply in relation to the counter claim as if the subject-matter of the counterclaim were the original sub ject-matter of the action, and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.

ORDER 17

INTERPLEADER

17/1 Entitlement to relief by way of interpleader

1 (1) Where�

(a) a person is under a liability in respect of a debt or in re spect of any money, goods or chattels and he is, or ex pects to be, sued for or in respect of that debt or money or those goods or chattels by two or more persons mak ing adverse claims thereto, or

(b) claim is made to any money, goods or chattels taken or intended to be taken by the Provost Marshal General in execution under any process, or to the proceeds or value of any such goods or chattels, by a person other than the person against whom the process is issued,

the person under liability as mentioned in sub-paragraph (a), or (subject to rule 2) the Provost Marshal General, may apply to the Court for relief by way of interpleader.

(2) Reference in this Order to the Provost Marshal General shall be construed as including references to any other officer charged with the execution of process by or under the authority of the Court.

17/2 Claim to goods, etc. taken in execution

2 (1) Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken in execution under pro cess of the Court, or to the proceeds or value of any such goods or chat tels, must give notice of his claim to the Provost Marshal General charged with the execution of the process and must include in his notice a statement of his address, and that address shall be his address for ser vice.

(2) On receipt of a claim made under this rule the Provost Mar shall General must forthwith give notice thereof to the execution creditor and the execution creditor must, within four days after receiving the no tice, give notice to the Provost Marshall General informing him whether he admits or disputes the claim.

An execution creditor who gives notice in accordance with this paragraph admitting a claim shall only be liable to the Provost Marshal General for any fees and expenses incurred by the Provost Marshal
General before receipt of that notice.

(3) Where�

(a) the Provost Marshal General receives a notice from an execution creditor under paragraph (2) disputing a claim, or the execution creditor fails, within the period mentioned in that paragraph, to give the required notice, and

(b) the claim made under this rule is not withdrawn, the Provost Marshal General may apply to the Court for re lief under this Order.

(4) The Provost Marshal General who receives a notice from an execution creditor under paragraph (2) admitting a claim made under this rule shall withdraw from possession of the money, goods or chattels claimed and may apply to the Court for relief under this Order of the fol lowing kind, that is to say, an order restraining the bringing of an action against him for or in respect of his having taken possession of that money or those goods or chattels.

17/3 Mode of application

3 (1) An application for relief under this Order must be made by originating summons unless made in a pending action, in which case it must be made by summons in the action.

(2) Where the applicant is the Provost Marshal General who has withdrawn from possession of money, goods or chattels taken in ex ecution and who is applying for relief under rule 2(4), the summons must be served on any person who made a claim under that rule to or in re spect of that money or those goods or chattels, and that person may at tend the hearing of the application.

(3) No appearance need be entered to an originating summons under this rule.

(4) Subject to paragraph (5), a summons under this rule must be supported by evidence that the applicant

(a) claims no interest in the subject-matter in dispute other than for charges or costs,

(b) does not collude with any of the claimants to that sub ject matter, and

(5) Where the applicant is the Provost Marshal General, he shall not provide such evidence as is referred to in paragraph (4) unless directed by the Court so to do.

17/4 To whom Provost Marshal General may apply for relief

4 An application to the Court for relief under this Order may, if the applicant is the Provost Marshal General, be made to the Registrar.

17/5 Powers of Court hearing summons

5 (1) Where on the hearing of a summons under this Order all the persons by whom adverse claims to the subject-matter in dispute (hereafter in this Order referred to as "the claimants") appear, the Court may order�

(a) that any claimant be made a defendant in any action pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this Order, or

(b) that an issue between the claimants be stated and tried and may direct which of the claimants is to be plaintiff and which defendant.

(2) Where�

(a) the applicant on a summons under this Order is the Provost Marshal General, or

(b) all the claimants consent or any of them so request, or

(c) the question at issue between the claimants is a ques tion of law and the facts are not in dispute, the Court may summarily determine the question at issue between the claimants and make an order accordingly on such terms as may be just.

(3) Where a claimant, having been duly served with a summons for relief under this Order, does not appear on the hearing of the sum mons or, having appeared, fails or refuses to comply with an order made in the proceedings, the Court may make an order declaring the claimant, and all persons claiming under him, forever barred from prosecuting his claim against the applicant for such relief and all persons claiming under him, but such an order shall not affect the rights of the claimants as between themselves.

18/4 Pleadings subsequent to reply

4 No pleading subsequent to a reply or a defence to counter claim shall be served except with the leave of the Court.

18/5 [blank]

18/6 Pleadings: formal requirements

6 (1) Every pleading in an action must bear on its face

(a) the year in which the writ in the action was issued and the number of the action,

(b) the title of the action,

(d) the description of the pleading, and

(e) the date on which it was served.

(2) Every pleading must, if necessary, be divided into para graphs numbered consecutively, each allegation being so far as conve nient contained in a separate paragraph.

(3) Dates, sums and other numbers must be expressed in a pleading in figures and not in words.

(4) Every pleading of a party must be indorsed�

(a) where the party sues or defends in person, with his name and address;

(b) in any other case, with the name or firm and business address of the attorney by whom it was served.

(5) Every pleading of a party must be signed by an attorney or firm of attorneys, if settled by him or them, or by the party, if he sues or defends in person.

18/7 Facts, not evidence, to be pleaded

7 (1) Subject to the provisions of this rule, and rules 7A, 10, 11 and 12, every pleading must contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which those facts are to be proved, and the statement must be as brief as the nature of the case admits.

(2) Without prejudice to paragraph (1), the effect of any docu ment or the purport of any conversation referred to in the pleading must, if material, be briefly stated, and the precise words of the document or conversation shall not be stated, except in so far as those words are themselves material.

(3) A party need not plead any fact if it is presumed by law to be true or the burden of disproving it lies on the other party, unless the other party has specifically denied it in his pleading.

(4) A statement that a thing has been done or that an event has occurred, being a thing or event the doing or occurrence of which, as the case may be, constitutes a condition precedent necessary for the case of a party is to be implied in his pleading.

18/7A Conviction, etc. to be adduced in evidence: matter to be pleaded

7A (1) If in any action which is to be tried with pleadings any party intends, in reliance on section 70A of the Evidence Act 1905 [title 8 item 10] (convictions as evidence in civil proceedings) to adduce evidence that a person was convicted of an offence by or before a court in Bermuda, he must include in his pleading a statement of his intention with particulars of�

(a) the conviction and the date thereof;

(b) the court which made the conviction; and

(2) If in any action which is to be tried with pleadings any party intends, in reliance on section 70B of the Evidence Act 1905 [title 8 item 10] (findings of adultery and paternity as evidence in civil proceedings) to adduce evidence that a person was found guilty of adultery in matrimo nial proceedings or was adjudged to be the father of a child in affiliation proceedings before a court in Bermuda, he must include in his pleading a statement of his intention with particulars of�

(a) the finding or adjudication and the date thereof;

(b) the court which made the finding or adjudication and the proceedings in which it was made; and

(3) Where a party's pleading includes such a statement as is mentioned in paragraph (1) or (2), then if the opposite party�

(a) denies the conviction or finding of adultery or adjudica-
tion of paternity to which the statement relates, or

(b) alleges that the conviction, finding or adjudication was erroneous; or

he must make the denial or allegation in his pleading.

18/8 Matters which must be specifically pleaded

8 (1) A party must in any pleading subsequent to a statement of claim plead specifically any matter, for example, performance, release, any relevant statute of limitation, fraud or any fact showing illegality�

(a) which he alleges makes any claim or defence of the op posite party not maintainable; or

(b) which, if not specifically pleaded, must take the opposite party by surprise; or

(2) Without prejudice to paragraph (1), a defendant to an action for the recovery of land must plead specifically every ground of defence on which he relies, and a plea that he is in possession of the land by himself or his tenant is not sufficient.

(3) A claim for exemplary damages must be specifically pleaded together with the facts on which the party pleading relies.

18/9 Matter may be pleaded whenever arising

9 Subject to rules 7(1), 10 and 15(2), a party may in any pleading plead any matter which has arisen at any time, whether before or since the issue of the writ.

18/10 Departure

10 (1) A party shall not in any pleading make an allegation of fact, or raise any new ground or claim, inconsistent with a previous pleading of his.

(2) Paragraph (1) shall not be taken as prejudicing the right of a party to amend, or apply for leave to amend, his previous pleading so as to plead the allegations or claims in the alternative.

18/11 Points of law may be pleaded

11 A party may by his pleading raise any point of law.

18/12 Particulars of pleading

12 (1) Subject to paragraph (2), every pleading must contain the necessary particulars of any claim, defence or other matter pleaded in cluding, without prejudice to the generality of the foregoing words�

(a) particulars of any misrepresentation, fraud, breach of trust, wilful default or undue influence on which the party pleading relies; and

(b) where a party pleading alleges any condition of the mind of any person, whether any disorder or disability of mind or any malice, fraudulent intention or other condition of mind except knowledge, particulars of the facts on which the party relies.

(2) Where it is necessary to give particulars of debt, expenses or damages and those particulars exceed three folios, they must be set out in a separate document referred to in the pleading and the pleading must state whether the document has already been served and, if so, when, or is to be served with the pleading.

(3) The Court may order a party to serve on any other party particulars of any claim, defence or other matter stated in his pleading, or in any affidavit of his ordered to stand as a pleading, or a statement of the nature of the case on which he relies, and the order may be made on such terms as the Court thinks just.

(4) Where a party alleges as a fact that a person had knowledge or notice of some fact, matter or thing, then, without prejudice to the generality of paragraph (3), the Court may, on such terms as it thinks just, order that party to serve on any other party�

(a) where he alleges knowledge, particulars of the facts on which he relies, and

(b) where he alleges notice, particulars of the notice.

(5) An order under this rule shall not be made before service of the defence unless, in the opinion of the Court, the order is necessary or desirable to enable the defendant to plead or for some other special rea son.

(6) Where the applicant for an order under this rule did not apply by letter for the particulars he requires, the Court may refuse to make the order unless of opinion that there were sufficient reasons for
an application by letter not having been made.

18/13 Admissions and denials

13 (1) Subject to paragraph (4), any allegation of fact made by a party in his pleading is deemed to be admitted by the opposite party un less it is traversed by that party in his pleading or a joinder of issue un der rule 14 operates as a denial of it.

(2) A traverse may be made either by a denial or by a statement of non-admission and either expressly or by necessary implication.

(3) Subject to paragraph (4), every allegation of fact made in a statement of claim or counterclaim which the party on whom it is served does not intend to admit must be specifically traversed by him in his de fence or defence to counterclaim, as the case may be; and a general de nial of such allegations, or a general statement of non-admission of them is not a sufficient traverse of them.

(4) Any allegation that a party has suffered damage and any allegation as to the amount of damages is deemed to be traversed unless specifically admitted.

18/14 Denial by joinder of issue

14 (1) If there is no reply to a defence, there is an implied joinder of issue on that defence.

(2) Subject to paragraph (3)�

(a) there is at the close of pleadings an implied joinder of is sue on the pleading last served, and

(b) a party may in his pleading expressly join issue on the next preceding pleading.

(3) There can be no joinder of issue, implied or express, on a statement of claim or counterclaim.

(4) A joinder of issue operates as a denial of every material alle gation of fact made in the pleading on which there is an implied or ex press joinder of issue unless, in the case of an express joinder of issue, any such allegation is excepted from the joinder and is stated to be ad mitted, in which case the express joinder of issue operates as a denial of every other such allegation.

18/15 Statement of claim

15 (1) A statement of claim must state specifically the relief or remedy which the plaintiff claims; but costs need not be specifically claimed.

(2) A statement of claim must not contain any allegation or claim in respect of a cause of action unless that cause of action is men tioned in the writ or arises from facts which are the same as, or include or form part of, facts giving rise to a cause of action so mentioned; but, subject to that, a plaintiff may in his statement of claim, alter, modify or extend any claim made by him in the indorsement of the writ without amending the indorsement.

(3) Every statement of claim must bear on its face a statement of the date on which the writ in the action was issued.

18/16 Defence of tender

16 Where in any action a defence of tender before action is pleaded, the defendant must pay into court in accordance with Order 22 the amount alleged to have been tendered, and the tender shall not be avail able as a defence unless and until payment into court has been made.

18/17 Defence of set-off

17 Where a claim by a defendant to a sum of money (whether of an ascertained amount or not) is relied on as a defence to the whole or part of a claim made by the plaintiff, it may be included in the defence and set-off against the plaintiff's claim, whether or not it is also added as a counterclaim.

18/18 Counterclaim and defence to counterclaim

18 Without prejudice to the general application of this Order to a counterclaim and a defence to counterclaim, or to any provision thereof which applies to either of those pleadings specifically�

(a) rule 15(1) shall apply to a counterclaim as if the coun terclaim were a statement of claim and the defendant making it a plaintiff;

(b) rules 8(2), 16 and 17 shall, with the necessary modifica tions, apply to a defence to counterclaim as they apply to a defence.

18/19 Striking out pleading and indorsements

19 (1) The Court may at any stage of the proceedings order to be struck out or amended any pleading or the indorsement of any writ in the action, or anything in any pleading or in the indorsement, on the ground that�

(a) it discloses no reasonable cause of action or defence, as the case may be; or

(b) it is scandalous, frivolous or vexatious; or

(d) it is otherwise an abuse of the process of the court;

and may order the action to be stayed or dismissed or judgment to be entered accordingly, as the case may be.

(2) No evidence shall be admissible on an application under paragraph (1)(a).

(3) This rule shall, so far as applicable, apply to an originating summons and a petition as if the summons or petition, as the case may be, were a pleading.

18/20 Close of pleadings

20 (1) The pleadings in an action are deemed to be closed�

(a) at the expiration of fourteen days after service of the re ply or, if there is no reply but only a defence to counter claim, after service of the defence to counterclaim, or

(b) if neither a reply nor a defence to counterclaim is served, at the expiration of fourteen days after service of the de fence.

(2) The pleadings in an action are deemed to be closed at the time provided by paragraph (1) notwithstanding that any request or order for particulars has been made but has not been complied with at that time.

18/21 Trial without pleadings

21 (1) Where in an action to which this rule applies any defendant has entered an appearance in the action, the plaintiff or that defendant may apply to the Court by summons for an order that the action shall be tried without pleadings or further pleadings, as the case may be.

(2) If, on the hearing of an application under this rule, the Court is satisfied that the issues in dispute between the parties can be defined without pleadings or further pleadings, or that for any reason the action can properly be tried without pleadings or further pleadings, as the case may be, the Court shall order the action to be so tried, and may direct the parties to prepare a statement of the issues in dispute or, if the parties are unable to agree such a statement, may settle the statement itself.

(3) Where the Court makes an order under paragraph (2), it shall, and where it dismisses an application for such an order, it may, give such directions as to the further conduct of the action as may be appropriate, and Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the or ders and directions which they desire and with any other necessary modifications, apply as if the application under this rule were a sum mons for directions.

(4) This rule applies to every action begun by writ other than one which includes�

(a) a claim by the plaintiff for libel, slander, malicious pros ecution or false imprisonment; or

(b) a claim by the plaintiff based on an allegation of fraud.

18/22 Saving for defence under Merchant Shipping Act

22 Nothing in Order 75, rules 2 and 37 to 40, shall be taken as lim iting the right of any shipowner or other person to reply by way of de fence on any provision of the Merchant Shipping Act of the Parliament of the United Kingdom, as applied to Bermuda, which limits the amount of his liability in connection with a ship or other property.

ORDER 19

DEFAULT OF PLEADINGS

19/1 Default in service of statement of claim

1 Where the plaintiff is required by these rules to serve a state ment of claim on a defendant and he fails to serve it on him, the defen dant may, after the expiration of the period fixed by or under these rules for service of the statement of claim, apply to the Court for an order to dismiss the action, and the Court may by order dismiss the action or make such other order on such terms as it thinks just.

19/2 Default of defence: claim for liquidated demand

2 (1) Where the plaintiff's claim against a defendant is for a liqui dated demand only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these Rules for service of the defence, enter final judgment against that defendant for a sum not exceeding that claimed by the writ
in re spect of the demand and for costs, and proceed with the action against the other defendants, if any.

(2) Order 13, rule 1(2), shall apply for the purposes of this rule as it applies for the purposes of that rule.

19/3 Default of defence: claim for unliquidated damages

3 Where the plaintiff's claim against a defendant is for unliqui dated damages only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, enter interlocutory judg ment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any.

19/4 Default of defence: claim in detinue

4 Where the plaintiff's claim against a defendant relates to the de tention of goods only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, enter either�

(a) interlocutory judgment against that defendant for the delivery of the goods or their value to be assessed and costs, or

(b) interlocutory judgment for the value of the goods to be assessed and costs,

and proceed with the action against the other defendants, if any

19/5 Default of defence: claim for possession of land

5 (1) Where the plaintiff's claim against a defendant is for pos session of land only, then subject to paragraph (2), if that defendant fails to serve a defence on the plaintiff, the plaintiff may after the expiration of the period fixed by or under these rules for service of the defence, and on producing a certificate by his attorney, or (if he sues in person) an affi davit, stating that he is not claiming any relief in the action of the nature specified in Order 88, rule 1, enter judgment for possession of the land as against that defendant and for costs, and proceed with the action against the other defendants, if any.

(2) Not withstanding anything in paragraph (1), the plaintiff shall not be entitled, except with the leave of the Court, to enter judg ment under that paragraph unless he produces a certificate by his attor ney, or (if he sues in person) an affidavit, stating either that the claim does not relate to a dwelling-house or that the claim relates to a dwelling-house to which the Rent Increases (Domestic Premises) Control Act 1978 [title 29 item 3] does not apply.

(3) An application for leave to enter judgment under paragraph (2) shall be by summons stating the grounds of the application, and the summons must, unless the Court otherwise orders, be served on the de fendant against whom it is sought to enter judgment.

19/6 Default of defence: mixed claims

6 Where the plaintiff makes against a defendant two or more of the claims mentioned in rules 2 to 5, and no other claim, then, if that defen dant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under those rules if that were the only claim made, and proceed with the action against the other de fendants, if any.

19/7 Default of defence: other claims

7 (1) Where the plaintiff makes against a defendant or defen dants a claim of a description not mentioned in rules 2 to 5, then, if the defendant or all the defendants (where there is more than one) fails or fail to serve a defence on the plaintiff, the plaintiff may, after the expira tion of the period fixed by or under these rules for service of the defence, apply to the Court for judgment, and on the hearing of the application the Court shall give such judgment as the plaintiff appears entitled to on his statement of claim.

(2) Where the plaintiff makes such a claim as is mentioned in paragraph (1) against more than one defendant, then, if one of the de fendants makes default as mentioned in that paragraph, the plaintiff may�

(a) if his claim against the defendant in default is severable from his claim against the other defendants, apply under that paragraph for judgment against that
defendant, and proceed with the action against the other defendants; or

(b) set down the action on motion for judgment against the defendant in default at the time when the action is set down for trial, or is set down on motion for judgment, against the other defendants.

(3) An application under paragraph (1) must be by summons.

19/8 Default of defence: counterclaims

8 A defendant who counterclaims against a plaintiff shall be treated for the purposes of rules 2 to 7 as if he were a plaintiff who had made against a defendant the claim made in the counterclaim and, ac cordingly, where the plaintiff or any other party against whom the coun terclaim is made fails to serve a defence to counterclaim, those rules shall apply as if the counterclaim were a statement of claim, the defence to counterclaim a defence and the parties making the counterclaim and against whom it is made were plaintiffs and defendants respectively, as if references to the period fixed by or under these rules for service of the defence were references to the period so fixed for service of the defence to counterclaim.

19/9 Setting aside judgment

9 The Court may on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.

ORDER 20

AMENDMENT

20/1 Amendment of writ without leave

1 (1) Subject to paragraph (3), the plaintiff may, without the leave of the Court, amend the writ once at any time before the pleadings in the action begun by the writ are deemed to be closed.

(2) Where a writ is amended under this rule after service thereof, then, unless the Court otherwise directs on an application made ex parte, the amended writ must he served on each defendant to the ac tion.

(3) This rule shall not apply in relation to an amendment which consists of�

(a) the addition, omission or substitution of a party to the action or an alteration of the capacity in which a party to the action sues or is sued, or

(b) the addition or substitution of a new cause of action, or

unless the amendment is made before service of the writ on any party to the action.

20/2 Amendment of appearance

2 A defendant may not amend his memorandum of appearance without the leave of the Court.

20/3 Amendment of pleadings without leave

3 (1) A party may without the leave of the Court, amend any pleading of his once at any time before the pleadings are deemed to be closed and, where he does so, he must serve the amended pleading on the opposite party.

(2) Where an amended statement of claim is served on a defen dant�

(a) the defendant, if he has already served a defence on the plaintiff, may amend his defence, and

(b) the period for service of his defence or amended defence, as the case may be, shall be either the period fixed by or under these rules for service of his defence or a period of fourteen days after the amended statement of claim is served on him, whichever expires later.

(3) Where an amended defence is served on the plaintiff by a defendant�

(a) the plaintiff, if he has already served a reply on that de fendant, may amend his reply, and

(b) the period for service of his reply or amended reply, as the case may be, shall be fourteen days after the amended defence is served on him.

(4) In paragraphs (2) and (3) references to a defence and a reply include references to a counterclaim and a defence to counterclaim re spectively.

(5) Where an amended counterclaim is served by a defendant on a party (other than the plaintiff) against whom the counterclaim is made, paragraph (2) shall apply as if the counterclaim were a statement of claim and as if the party by whom the counterclaim is made were the plaintiff and the party against whom it is made a defendant.

(6) Where a party has pleaded to a pleading which is subse quently amended and served on him under paragraph (1), then, if that party does not amend his pleading under the foregoing provisions of this rule, he shall be taken to rely on it in answer to the amended pleading, and Order 18, rule 14(2), shall have effect in such a case as if the amended pleading had been served at the time when that pleading, be fore its amendment under paragraph (1), was served.

20/4 Application for disallowance of amendment made without leave

4 (1) Within fourteen days after the service on a party of a writ amended under rule 1(1) or of a pleading amended under rule 3(1), that party may apply to the Court to disallow the amendment.

(2) Where the Court hearing an application under this rule is satisfied that if an application for leave to make the amendment in ques tion had been made under rule 5 at the date when the amendment was made under rule 1(1) or rule 3(1) leave to make the amendment or part of the amendment would have been refused, it shall order the amendment or that part to be struck out.

(3) Any order made on an application under this rule may be made on such terms as to costs or otherwise as the Court thinks just.

20/5 Amendment of writ or pleading with leave

5 (1) Subject to Order 15, rules 6, 7 and 8 and the following pro visions of this rule, the Court may at any stage of the proceedings allow the plaintiff to amend his writ, or any party to amend his pleading, on such terms as to costs or otherwise as may be just and in such manner (if any) as it may direct.

(2) Where an application to the Court for leave to make the amendment mentioned in paragraph (3), (4) or (5) is made after any rele vant period of limitation current at the date of issue of the writ has ex pired, the Court may nevertheless grant such leave in the circumstances mentioned in that paragraph if it thinks it just to do so.

(3) An amendment to correct the name of a party may be al lowed under paragraph (2) notwithstanding that it is alleged that the ef fect of the amendment will be to substitute a new party if the Court is satisfied that the mistake sought to be corrected was a genuine mistake and was not misleading or such as to cause any reasonable doubt as to the identity of the person intending to sue or, as the case may be, in tended to be sued.

(4) An amendment to alter the capacity in which a party sues (whether as plaintiff or as defendant by counterclaim) may be allowed under paragraph (2) if the capacity in which, if the amendment is made, the party will sue is one in which at the date of issue of the writ or the making of the counterclaim, as the case may be, he might have sued.

(5) An amendment may be allowed under paragraph (2) notwithstanding that the effect of the amendment will be to add or sub stitute a new cause of action if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the action by the party ap plying for leave to make the amendment.

20/6 [blank]

20/7 Amendment of other originating process

7 Rule 5 shall have effect in relation to an originating summons, a petition and an originating notice of motion as it has effect in relation to a writ.

20/8 Amendment of certain other documents

8 (1) For the purpose of determining the real question in contro versy between the parties to any proceedings, or of correcting any defect or error in any proceedings, the Court may at any stage of the proceed ings and either of its own motion or on the application of any party to the proceedings order any document in the proceedings to be amended on such terms as to costs or otherwise as may be just and in such manner (if any) as it may direct.

(2) This rule shall not have effect in relation to a judgment or order.

20/9 Failure to amend after order

9 Where the Court makes an order under this Order giving any party leave to amend a writ, pleading or other document, then, if that party does not amend the document in accordance with the order before the expiration of the period specified for that purpose in the order or, if no period is so specified, of a period of fourteen days after the order was made, the order shall cease to have effect, without prejudice, however, to the power of the Court to extend the period.

20/10 Mode of amendment of writ, etc.

10 (1) Where the amendments authorised under any rule of this Order to be made in a writ, pleading or other document are so numerous or of such nature or length that to make written alterations of the docu ment so as to give effect to them would make it difficult or inconvenient to read, a fresh document, amended as so authorised, must be prepared and, in the case of a writ or originating summons, re-issued, but, except as aforesaid and subject to any direction given under rule 5 or 8, the amendments so authorised may be effected by making in writing the necessary alterations of the document and, in the case of a writ or origi nating summons, causing it to be re-sealed and filing a copy thereof.

(2) A writ, pleading or other document which has been amended under this Order must be indorsed with a statement that it has been amended, specifying the date on which it was amended, the name of the judge or Registrar by whom the order (if any) authorising the amendment was made and the date thereof, or, if no such order was made, the number of the rule of this Order in pursuance of which the amendment was made.

20/11 Amendment of judgments and orders

11 Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be cor rected by the Registrar.

ORDER 21

WITHDRAWAL AND DISCONTINUANCE

21/1 Withdrawal of appearance

1 A party who has entered an appearance in an action may with draw the appearance at any time with the leave of the Court.

21/2 Discontinuance of action, etc. without leave

2 (1) The plaintiff in an action begun by writ may without the leave of the Court, discontinue the action, or withdraw any particular claim made by him therein, as against any or all of the defendants at any time not later than fourteen days after service of the defence on him or, if there are two or more defendants, of the defence last served, by serving a notice to that effect on the defendant concerned.

(2) A defendant may, without the leave of the Court�

(a) withdraw his defence or any part of it at any time,

(b) discontinue a counterclaim, or withdraw any particular claim made by him therein, as against any or all of the parties against whom it is made, at any time not later than fourteen days after service on him of a defence to counterclaim or, if the counterclaim is made against two or more parties, of the defence to counterclaim last served,

by serving a notice to that effect on the plaintiff or other party concerned.

(3) Where there are two or more defendants to an action not all of whom serve a defence on the plaintiff, and the period fixed by or under these rules for service by any of those defendants of his defence expires after the latest date on which any other defendant serves his defence, paragraph (1) shall have effect as if the reference therein to the service of the defence last served were a reference to the expiration of that period.

This paragraph shall apply in relation to a counterclaim as it applies in relation to an action with the substitution for references to a defence, to the plaintiff and to paragraph (1), of references to a defence to counter claim, to the defendant and to paragraph (2) respectively.

(4) If all the parties to an action consent, the action may be withdrawn without the leave of the Court at any time before trial by pro ducing to the Registrar a written consent to the action being withdrawn signed by all the parties.

21/3 Discontinuance of action, etc. with leave

3 (1) Except as provided by rule 2, a party may not discontinue an action (whether begun by writ or otherwise) or counterclaim, or with draw any particular claim made by him therein, without the leave of the Court, and the Court hearing an application for the grant of such leave may order the action or counterclaim to be discontinued, or any partic ular claim made therein to be struck out, as against any or all of the parties against whom it is brought or made on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.

(2) An application for the grant of leave under this rule may be made by summons or motion or by notice under Order 25, rule 7.

21/4 Effect of discontinuance

4 Subject to any terms imposed by the Court in granting leave un-
der rule 3, the fact that a party has discontinued an action or counter claim or withdrawn a particular claim made by him therein shall not be a defence to the subsequent action for the same, or substantially the same, cause of action.

21/5 Stay of subsequent action until costs paid

5 (1) Where a party has discontinued an action or counterclaim or withdrawn any particular claim made by him therein and he is liable to pay any other party's costs of the action or counterclaim or the costs occasioned to any other party by the claim withdrawn, then, if, before payment of those costs, he subsequently brings an action for the same, or substantially the same, cause of action, the Court may order the pro ceedings in that action to be stayed until those costs are paid.

(2) An application for an order under this rule may be made by summons or motion, or by notice under Order 25, rule 7.

21/6 Withdrawal of summons

6 A party who has taken out a summons in a cause or matter may not withdraw it without the leave of the Court.

ORDER 22

PAYMENT INTO AND OUT OF COURT

22/1 Payment into court

1 (1) In any action for a debt or damages any defendant may at any time after he has entered an appearance in the action pay into court a sum of money in satisfaction of the cause of action in respect of which the plaintiff claims or, where two or more causes of action are joined in the action, a sum or sums of money in satisfaction of any or all of those causes of action.

(2) On making any payment into court under this rule, and on increasing any such payment already made, the defendant must give no tice thereof in Form No. 23 in Appendix A to the plaintiff and every other defendant (if any); and within three days after receiving the notice the plaintiff must send the defendant a written acknowledgement of its re ceipt.

(3) A defendant may, without leave, give notice of an increase in a payment made under this rule but, subject to that and without prej udice to paragraph (5), a notice of payment may not be withdrawn or amended without the leave of the Court which may be granted on such terms as may be just.

(4) Where two or more causes of action are joined in the action and money is paid into court under this rule in respect of all, or some only of, those causes of action, the notice of payment�

(a) must state that the money is paid in respect of all those causes of action, or, as the case may be, must specify the cause or causes of action in respect of which the payment is made, and

(b) where the defendant makes separate payments in re spect of each, or any two or more of those causes of ac tion, must specify the sum paid in respect of that cause or, as the case maybe, those causes of action.

(5) Where a single sum of money is paid into court under this rule in respect of two or more causes of action, then, if it appears to the Court that the plaintiff is embarrassed by the payment, the Court may, subject to paragraph (6), order the defendant to amend the notice of payment so as to specify the sum paid in respect of each cause of action.

(6) Where a cause of action under the Fatal Injuries (Action for Damages) Act 1949 [title 8 item 66] and a cause of action under the Sur vival of Actions Act 1949 [title 8 item 68] are joined in the action, with or without any other cause of action, the causes of action under the said Acts shall, for the purposes of paragraph (5) be treated as one cause of action.

22/2 Payment in by defendant who has counterclaimed

2 Where a defendant, who makes by counterclaim a claim against the plaintiff for a debt or damages, pays a sum or sums of money into court under rule 1, the notice of payment must state, if it be the case, that in making the payment the defendant has taken into account and intends to satisfy�

(a) the cause of action in respect of which he claims or

(b) where two or more causes of action are joined in the counterclaim, all those causes of action or, if not all, which of them.

22/3 Acceptance of money paid into court

3 (1) Where money is paid into court under rule 1, then, subject to paragraph (2), within twenty-one days after receipt of the notice of
payment, or, where more than one payment has been made or the notice has been amended, within twenty-one days after receipt of the notice of the last payment or the amended notice but, in any case, before the trial or hearing of the action begins, the plaintiff may�

(a) where the money was paid in respect of the cause of ac tion or all the causes of action in respect of which he claims, accept the money in satisfaction of that cause of action or those causes of action, as the case may be, or

(b) where the money was paid in respect of some only of the causes of action in respect of which the claims, accept in satisfaction of any such cause or causes of action the sum specified in respect of that cause or those causes of action in the notice of payment,

by giving notice in Form No. 24 in Appendix A to every defendant to the action.

(2) Where after the trial or hearing of an action has begun�

(a) money is paid into court under rule 1, or

(b) money in court is increased by a further payment into court under that rule,

the plaintiff may accept the money in accordance with paragraph (1) within two days after receipt of the notice of payment or notice of the further payment, as the case may be, but, in any case, before the judge begins to deliver judgment or, if the trial is with a jury, before the judge begins his summing up.

(3) Rule 1(5) shall not apply in relation to money paid into court in an action after the trial or hearing of the action has begun.

(4) On the plaintiff accepting any money paid into court all further proceedings in the action or in respect of the specified cause or causes of action, as the case may be, to which the acceptance relates, both against the defendant making the payment and against any other defendant sued jointly with or in the alternative to him, shall be stayed.

(5) Where money is paid into court by a defendant who made a counterclaim and the notice of payment stated, in relation to any sum paid, that in making the payment the defendant had taken into account and satisfied the cause or causes of action, or the specified cause or causes of action, in respect of which he claimed, then, on the plaintiff accepting that sum, all further proceedings on the counterclaim or in re spect of the specified cause or causes of action, as the case may be, against the plaintiff shall be stayed.

(6) A plaintiff who has accepted any sum paid into court shall, subject to rules 4 and 10 and Order 80, rule 12, be entitled to receive payment of that sum in satisfaction of the cause or causes of action to which the acceptance relates.

22/4 Order for payment out of money accepted required in certain cases

4 (1) Where a plaintiff accepts any sum paid into court and that sum was paid into court�

(a) by some but not all of the defendants sued jointly or in the alternative by him, or

(b) with a defence of tender before action, or

(d) under the Fatal Injuries (Actions for Damages) Act 1949 [title 8 item 66] and the Survival of Actions Act 1949 [title 8 item 68] or of a cause of action arising thereunder where more than one person is entitled to the money,

the money in court shall not be paid out except under paragraph (2) or in pursuance of an order of the Court, and the order shall deal with the whole costs of the action or of the cause of action to which the payment relates, as the case may be.

(2) Where an order of the Court is required under paragraph (1) by reason only of paragraph (1)(a), then if, either before or after accepting the money paid into court by some only of the defendants sued jointly or in the alternative by him, the plaintiff discontinues the action against all other defendants and those defendants consent in writing to the pay ment out of that sum, it may be paid out without an order of the Court.

(3) Where after the trial or hearing of an action has begun a plaintiff accepts any money paid into court and all further proceedings in the action or in respect of the specified cause or causes of action, as the case may be, to which the acceptance relates are stayed by virtue of rule 3(4), then, notwithstanding anything in paragraph (2), the money shall not be paid out except in pursuance of an order of the Court, and the or der shall deal with the whole costs of the action.

22/5 Money remaining in court

5 If any money paid into court in an action is not accepted in ac cordance with rule 3, the money remaining in court shall not be paid out except in pursuance of an order of the Court which may be made at any time before, at or after the trial or hearing of the action; and where such an order is made before the trial or hearing the money shall not be paid out except in satisfaction of the cause or causes of action in respect of which it was paid in.

22/6 Counterclaim

6 A plaintiff against whom a counterclaim is made and any other defendant to the counterclaim may pay money into court in accordance with rule 1, and that rule and rules 3 (except paragraph (5)), 4 and 5 shall apply accordingly with the necessary modifications.

22/7 Non-disclosure of payment into court

7 Except in an action to which a defence of tender before action is pleaded, and except in an action all further proceedings in which are stayed by virtue of rule 3(4) after the trial or hearing has begun, the fact that money has been paid into court under the foregoing provisions of this Order shall not be pleaded and no communication of that fact shall be made to the Court at the trial or hearing of the action or counterclaim or of any question or issue as to the debt or damages until all questions of liability and of the amount of debt or damages have been decided.

22/8 Money paid into court under order

8 (1) Subject to paragraph (2), money paid into court under an order of the Court or a certificate of the Registrar shall not be paid out except in pursuance of an order of the Court.

(2) Unless the Court otherwise orders, a party who has paid money into court in pursuance of an order made under Order 14�

(a) may by notice to the other party appropriate the whole or any part of the money and any additional payment, if necessary, to any particular claim made in the writ or counterclaim, as the case may be, and specified in the notice, or

(b) if he pleads a tender, may by his pleading appropriate the whole or any part of the money as payment into court of the money alleged to have been tendered;

and money appropriated in accordance with this rule shall be deemed to be money paid into court in accordance with rule 1 or money paid into court with a plea of tender, as the case may be, and this Order shall ap ply accordingly.

22/9 [blank]

22/10 Persons to whom payment to be made

10 (1) Where the party entitled to money in court is a person to whom legal aid has been granted under the Legal Aid Act 1980 [title 8 item 37], payment shall be made only to that party's attorney, without the need for any authority from the party.

(2) Subject to paragraph (1), payment shall be made to the party entitled or to his attorney.

(3) This rule applies whether the money in court has been paid into court under rule 1 or under an order of the Court or a certificate of the Registrar.

22/11 Payment out: small intestate estates

11 Where a person entitled to a fund in court, or a share of such fund, dies intestate and the Court is satisfied that no grant of adminis tration of his estate has been made and that the assets of his estate do not exceed $2,500 in value, including the value of the fund or share, it may order that the fund or share shall be paid, transferred or delivered to the person who, being a widower, widow, child, father, mother, brother or sister of the deceased, would have the prior right to a grant of admin istration of the estate of the deceased.

22/12 [blank]

22/13 Investment of money in court

13 Cash under the control of or subject to the order of the Court may be invested in any manner authorised by the Trustee Act 1975 [title 26 item 51].

ORDER 23

SECURITY FOR COSTS

23/1 Security for costs of action, etc.

1 (1) Where, on the application of a defendant to an action or other proceedings in the Court, it appears to the Court�

(a) that the plaintiff is ordinarily resident out of the juris-
diction, or

(b) that the plaintiff (not being a plaintiff who is suing in a representative capacity) is a nominal plaintiff who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so, or

(c) subject to paragraph (2), that the plaintiff's address is not stated in the writ or other originating process or is incorrectly stated therein, or

(d) that the plaintiff has changed his address during the course of the proceedings with a view to evading the consequences of the litigation,

then if, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order the plaintiff to give such security for the defendant's costs of the action or other proceedings as it thinks just.

(2) The Court shall not require a plaintiff to give security by reason only of paragraph (1)(c) if he satisfies the Court that the failure to state his address or the mis-statement thereof was made innocently and without intention to deceive.

(3) The references in the foregoing paragraphs to a plaintiff and a defendant shall be construed as references to the person (howsoever described on the record) who is in the position of plaintiff or defendant, as the case may be, in the proceeding in question, including a proceeding on a counterclaim.

23/2 Manner of giving security

2 Where an order is made requiring any party to give security for costs, security shall be given in such manner, at such time, and on such terms (if any), as the Court may direct.

23/3 Saving for enactments

3 This Order is without prejudice to the provisions of any enact ment which empowers the Court to require security to be given for the costs of any proceedings.

ORDER 24

DISCOVERY AND INSPECTION OF DOCUMENTS

24/1 Mutual discovery of documents

1 (1) After the close of pleadings in an action begun by writ there shall, subject to and in accordance with the provisions of this Order, be discovery by the parties to the action of the documents which are or have been in their possession, custody or power relating to matters in ques tion in the action.

(2) Nothing in this Order shall be taken as preventing the par ties to an action agreeing to dispense with or limit the discovery of doc uments which they would otherwise be required to make to each other.

24/2 Discovery by parties without order

2 (1) Subject to the provisions of this rule and of rule 4, the par ties to an action between whom pleadings are closed must make discov ery by exchanging lists of documents and, accordingly, each party must, within fourteen days after the pleadings in the action are deemed to be closed as between him and any other party, make and serve on that other party a list of the documents which are or have been in his posses sion, custody or power relating to any matter in question between them in the action.

Without prejudice to any directions given by the Court under Order 16, rule 4, this paragraph shall not apply in third party proceedings, in cluding proceedings under that Order involving fourth or subsequent parties.

(2) Unless the Court otherwise orders, a defendant to an action arising out of an accident on land due to a collision or apprehended col lision involving a vehicle shall not make discovery of any documents to the plaintiff under paragraph (1).

(3) Paragraph (1) shall not be taken as requiring a defendant to an action for the recovery of any penalty recoverable by virtue of any en actment to make discovery of any documents.

(4) Paragraphs (2) and (3) shall apply in relation to a counter claim as they apply in relation to an action but with the substitution, for the reference in paragraph (2) to the plaintiff, of a reference to the party making the counterclaim.

(5) On the application of any party required by this rule to make discovery of documents, the Court may�

(a) order that the parties to the action or any of them shall make discovery under paragraph (1) of such documents or classes of documents only, or as to such only of the matters in question, as may be specified in the order, or

(b) if satisfied that discovery by all or any of the parties is not necessary, or not necessary at that stage of the ac tion, order that there shall be no discovery of documents by any or all of the parties either at all or at that stage;

and the Court shall make such an order if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the action or for saving costs.

(6) An application for an order under paragraph (5) must be by summons, and the summons must be taken out before the expiration of the period within which by virtue of this rule discovery of documents in the action is required to be made.

(7) Any party to whom discovery of documents is required to be made under this rule may, at any time before the summons for direc tions in the action is taken out, serve on the party required to make such discovery a notice requiring him to make an affidavit verifying the list he is required to make under paragraph (1), and the party on whom such a notice is served must, within fourteen days after service of the notice, make and file an affidavit in compliance with the notice and serve a copy of the affidavit on the party by whom the notice was served.

24/3 Order for discovery

3 (1) Subject to the provisions of this rule and of rules 4 and 8, the Court may order any party to a cause or matter (whether begun by writ, originating summons or otherwise) to make and serve on any other party a list of the documents which are or have been in his possession, custody or power relating to any matter in question in the cause or mat ter, and may at the same time or subsequently also order him to make and file an affidavit verifying such a list and to serve a copy thereof on the other party.

(2) Where a party who is required by rule 2 to make discovery of documents fails to comply with any provision of that rule, the Court, on the application of any party to whom discovery was required to be made, may make an order against the first-mentioned party under para graph (1) of this rule or, as the case may be, may order him to make and file an affidavit verifying the list of documents he is required to make un der rule 2 and to serve a copy thereof on the applicant.

(3) An order under this rule may be limited to such documents or classes of document only or to such only of the matters in question in the cause or matter, as may be specified in the order.

24/4 Order for determination of issue, etc. before discovery

4 (1) Where on an application for an order under rule 2 or 3 it appears to the Court that any issue or question in the cause or matter should be determined before any discovery of documents is made by the parties, the Court may order that that issue or question be determined first.

(2) Where in an action begun by writ an order is made under this rule for the determination of an issue or question, Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1), as requires parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application on which the order was made were a summons for directions.

24/5 Form of list and affidavit

5 (1) A list of documents made in compliance with rule 2 or with an order under rule 3 must be in Form No. 26 in Appendix A, and must enumerate the documents in a convenient order and as shortly as possi ble but describing each of them or, in the case of bundles of documents of the same nature, each bundle, sufficiently to enable it to be identified.

(2) If it is desired to claim that any documents are privileged from production, the claim must be made in the list of documents with a sufficient statement of the grounds of the privilege.

(3) An affidavit made as aforesaid verifying a list of documents must be in Form No. 27 in Appendix A.

24/6 Defendant entitled to copy of co-defendant's list

6 (1) A defendant who has pleaded in an action shall be entitled to have a copy of any list of documents served under any of the foregoing rules of this Order on the plaintiff by any other defendant to the action; and a plaintiff against whom a counterclaim is made in an action begun by writ shall be entitled to have a copy of any list of documents served under any of those rules on the party making the counterclaim by any other defendant to the counterclaim.

(2) A party required by virtue of paragraph (1) to supply a copy of a list of documents must supply it free of charge on a request made by the party entitled to it.

(3) Where in an action begun by originating summons the
Court makes an order under rule 3 requiring a defendant to the action to serve a list of documents on the plaintiff, it may also order him to supply any other defendant to the action with a copy of that list.

(4) In this rule "list of documents" includes an affidavit verify ing a list of documents.

24/7 Order for discovery of particular documents

7 (1) Subject to rule 8, the Court may at any time, on the appli cation of any party to a cause or matter, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application or any class of document so specified or described is, or has at any time been in his possession, custody or power, and if not then in his possession, custody or power when he parted with it and what has become of it.

(2) An order may be made against a party under this rule not withstanding that he may already have made or been required to make a list of documents or affidavit under rule 2 or rule 3.

(3) An application for an order under this rule must be sup ported by an affidavit stating the belief of the deponent that the party from whom discovery is sought under this rule has, or at some time had, in his possession, custody or power the document, or class of document specified or described in the application and that it relates to one or more of the matters in question in the cause or matter.

24/8 Discovery to be ordered only if necessary

8 On the hearing of an application for an order under rule 3 or 7 the Court, if satisfied that discovery is not necessary, or not necessary at that stage of the cause or matter, may dismiss or, as the case may be, adjourn the application and shall in any case refuse to make such an or der if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the cause or matter or for saving costs.

24/9 Inspection of documents referred to in list

9 A party who has served a list of documents on any other party, whether in compliance with rule 2 or with an order under rule 3, must allow the other party to inspect the documents referred to in the list (other than any which he objects to produce) and to take copies thereof, and, accordingly, he must when he serves the list on the other party also serve on him a notice stating a time within seven days after the service thereof at which the said documents may be inspected at a place speci fied in the notice.

24/10 Inspection of documents referred to in pleadings and affi davits

10 (1) Any party to a cause or matter shall be entitled at any time to serve a notice on any other party in whose pleadings or affidavits ref erence is made to any document requiring him to produce that document for the inspection of the party giving the notice and to permit him to take copies thereof.

(2) The party on whom a notice is served under paragraph (1) must, within four days after service of the notice, serve on the party giv ing the notice a notice stating a time within seven days after the service thereof at which the documents, or such of them as he does not object to produce, may be inspected at a place specified in the notice, and stating which (if any) of the documents he objects to produce and on what grounds.

24/11 Order for production for inspection

11 (1) If a party who is required by rule 9 to serve such a notice as is therein mentioned or who is served with a notice under rule 10(1)�

(a) fails to serve a notice under rule 9 or, as the case may be, rule 10(2), or

(b) objects to produce any document for inspection, or

(c) offers inspection at a time or place such that, in the opinion of the Court, it is unreasonable to offer inspec tion then, or, as the case may be, there,

then, subject to rule 13(1), the Court may, on the application of the party entitled to inspection, make an order for production of the documents in question for inspection at such time and place, and in such manner, as it thinks fit.

(2) Without prejudice to paragraph (1), but subject to rule 13(1) the Court may, on the application of any party to a cause or matter, or der any other party to permit the party applying to inspect any docu ments in the possession, custody or power of that other party relating to any matter in question in the cause or matter.

(3) An application for an order under paragraph (2) must be supported by an affidavit specifying or describing the documents of which inspection is sought and stating the belief of the deponent that they are in the possession, custody or power of the other party and that they relate to a matter in question in the cause or matter.

24/12 Order for production to Court

12 At any stage of the proceedings in any cause or matter the Court may, subject to rule 13(1), order any party to produce to the Court any document in his possession, custody or power relating to any matter in question in the cause or matter and the Court may deal with the docu ment when produced in such manner as it thinks fit.

24/13 Production to be ordered only if necessary, etc.

13 (1) No order for the production of any documents for inspection or to the Court shall be made under any of the foregoing rules unless the Court is of opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs.

(2) Where on an application under this Order for production of any document for inspection or to the Court privilege from such produc tion is claimed or objection is made to such production on any other ground, the Court may inspect the document for the purpose of deciding whether the claim or objection is valid.

24/14 Production of business books

14 (1) Where production of any business books for inspection is applied for under any of the foregoing rules, the Court may, instead of ordering production of the original books for inspection, order a copy of any entries therein to be supplied and verified by an affidavit of some person who has examined the copy with the original books.

(2) Any such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations.

(3) Notwithstanding that a copy of any entries in any book has been supplied under this rule, the Court may order production of the book from which the copy was made.

24/15 Document disclosure of which would be injurious to public interest: saving

15 The foregoing provisions of this Order shall be without prejudice to any rule of law which authorises or requires the withholding of any document on the ground that the disclosure of it would be injurious to the public interest.

24/16 Failure to comply with requirement for discovery, etc.

16 (1) If any party who is required by any of the foregoing rules, or by any order made thereunder, to make discovery of documents or to produce any documents for the purpose of inspection or any other pur pose fails to comply with any provision of that rule or with that order, as the case may be, then, without prejudice, in the case of a failure to com ply with any such provision, to rules 3(2) and 11(1), the Court may make such order as it thinks just including, in particular, an order that the action be dismissed or, as the case may be, order that the defence be struck out and judgment entered accordingly.

(2) If any party against whom an order for discovery or produc tion of documents is made fails to comply with it, then, without prejudice to paragraph (1), he shall be liable to committal.

(3) Service on a party's attorney of an order for discovery or production of documents made against that party shall be sufficient ser vice to found an application for committal of the party disobeying the or der, but the party may show in answer to the application that he had no notice or knowledge of the order.

(4) An attorney on whom such an order made against his client is served and who fails without reasonable excuse to give notice thereof to his client shall be liable to committal.

24/17 Revocation and variation of orders

17 Any order made under this Order (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in connection with which the original order was made.

ORDER 25

SUMMONS FOR DIRECTIONS

25/1 Summons for directions

1 (1) With a view to providing, in every action to which this rule applies, an occasion for the consideration by the Court of the prepara tions for the trial of the action, so that�

(a) all matters which must or can be dealt with on inter locutory applications and have not already been dealt with may so far as possible be dealt with, and

(b) such directions may be given as to the future course of the action as appear best adapted to secure the just, ex peditious and economical disposal thereof,

the plaintiff must, within one month after the pleadings in the action are
deemed to be closed, take out a summons (in these rules referred to as a summons for directions) returnable in not less than fourteen days.

(2) This rule applies to all actions begun by writ except�

(a) actions in which the plaintiff or defendant has applied for judgment under Order 14, or in which the plaintiff applied for judgment under Order 86 and directions have been given under the relevant Orders;

(b) actions in which the plaintiff or defendant has applied under Order 18, rule 21, for trial without pleadings or further pleadings and directions have been given under that rule;

(c) actions in which an order has been made under Order 24, rule 4, for the trial of an issue or question before discovery;

(d) actions in which directions have been given under Order 29, rule 7;

(e) actions in which an order for the taking of an account has been made under Order 43, rule 1;

(h) actions for the infringement of a patent; and

(i) actions ordered to be tried as Admiralty short causes.

(3) Where, in the case of any action in which discovery of doc uments is required to be made, by any party under Order 24, rule 2, the period of fourteen days referred to in paragraph (1) of that rule is ex tended, whether by consent or by order of the Court or both by consent and by order, paragraph (1) of this rule shall have effect in relation to that action as if for the reference therein to one month after the plead ings in the action are deemed to be closed there were substituted a refer ence to fourteen days after the expiration of the period referred to in paragraph (1) of the said rule 2 as so extended.

(4) If the plaintiff does not take out a summons for directions in accordance with the foregoing provisions of this rule, the defendant or any defendant may do so or apply for an order to dismiss the action.

(5) On an application by a defendant to dismiss the action un der paragraph (4) the Court may either dismiss the action on such terms as may be just or deal with the application as if it were a summons for directions.

(6) In the case of an action which is proceeding only as re spects a counterclaim, references in this rule to the plaintiff and defen dant shall be construed respectively as references to the party making the counterclaim and the defendant to the counterclaim.

25/2 Duty to consider all matters

2 (1) When the summons for directions first comes to be heard, the Court shall consider whether�

(a) it is possible to deal then with all the matters which, by the subsequent rules of this Order, are required to be considered on the hearing of the summons for direc tions, or

(b) it is expedient to adjourn the consideration of all or any of those matters until a later stage.

(2) If when the summons for directions first comes to be heard the Court considers that it is possible to deal with all the said matters, it shall deal with them forthwith and shall endeavour to secure that all other matters which must or can be dealt with on interlocutory applica tions and have not already been dealt with are also then dealt with.

(3) If, when the summons for directions first comes to be heard, the Court considers that it is expedient to adjourn the considera tion of all or any of the matters which, by the subsequent rules of this Order, are required to be considered on the hearing of the summons, the Court shall deal forthwith with such of those matters as it considers can conveniently be dealt with forthwith and adjourn the consideration of the remaining matters and shall endeavour to secure that all other matters which must or can be dealt with on interlocutory applications and have not already been dealt with are dealt with either then or at a resumed hearing of the summons for directions.

(7) If the hearing of the summons for directions is adjourned without a day being fixed for the resumed hearing thereof, any party may restore it to the list on two days' notice to the other parties.

25/3 Particular matters for consideration

3 On the hearing of the summons for directions the Court shall in particular, consider, if necessary of its own motion, whether any order should be made or direction given in the exercise of the powers conferred by the following provisions�

(a) any provision of Part IIA (hearsay evidence) or Part IIB of the Evidence Act 1905 [title 8 item 10] or of Part III or IV of Order 38;

(b) Order 20, rule 5, Order 38, rules 2 to 7, and Order 75, rule 25(4).

25/4 Admissions and agreements to be made

4 At the hearing of the summons for directions, the Court shall endeavour to secure that the parties make all admissions and all agree ments as to the conduct of the proceedings which ought reasonably to be made by them and may cause the order on the summons to record any admissions or agreements so made, and (with a view to such special or der, if any, as to costs as may be just being made at the trial) any refusal to make any admission or agreement.

25/5 Limitation of right of appeal

5 Nothing in rule 4, shall be construed as requiring the Court to endeavour to secure that the parties shall agree to exclude or limit any right of appeal, but the order made on the summons for directions may record any such agreement.

25/6 Duty to give all information at hearing

6 (1) Subject to paragraph (2), no affidavit shall be used on the hearing of the summons for directions except by the leave or direction of the Court, but, subject to paragraph (4), it shall be the duty of the par ties to the action and their advisers to give all such information and pro duce all such documents on any hearing of the summons as the Court may reasonably require for the purposes of enabling it properly to deal with the summons.

The Court may, if it appears proper so to do in the circumstances, au thorise any such information or documents to be given or produced to the Court without being disclosed to the other parties but, in the absence of such authority, any information or document given or produced under this paragraph shall be given or produced to all the parties present or represented on the hearing of the summons as well as to the Court.

(2) No leave shall be required by virtue of paragraph (1) for the use of an affidavit by any party on the hearing of the summons for direc tions in connection with any application thereat for any order if, under any of these rules, an application for such an order is required to be supported by an affidavit.

(3) If the Court on any hearing of the summons for directions requires a party to the action or his attorney to give any information or produce any document and that information or document is not given or produced, then, subject to paragraph (4), the Court may�

(a) cause the facts to be recorded in the order with a view to such special order, if any, as to costs as may be just being made at the trial, or

(b) if it appears to the Court to be just so to do, order the whole or any part of the pleadings of the party concerned to be struck out, or, if the party is plaintiff or the claimant under a counterclaim, order the action or counterclaim to be dismissed on such terms as may be just.

(4) Notwithstanding anything in the foregoing provisions of this rule, no information or documents which are privileged from disclosure shall be required to be given or produced under this rule by or by the ad visers of any party otherwise than with the consent of that party.

25/7 Duty to make all interlocutory applications on summons for directions

7 (1) Any party to whom the summons for directions is addressed must so far as practicable apply at the hearing of the summons for any order or directions which he may desire as to any matter capable of be ing dealt with on an interlocutory application in the action and must, not less than seven days before the hearing of the summons, serve on the other parties a notice specifying those orders and directions in so far as they differ from the orders and directions asked for by the summons.

(2) If the hearing of the summons for directions is adjourned and any party to the proceedings desires to apply at the resumed hearing for any order or directions not asked for by the summons or in any no tice given under paragraph (1), he must, not less than seven days before the resumed hearing of the summons, serve on the other parties a notice specifying those orders and directions in so far as they differ from the orders and directions asked for by the summons or in any such notice as aforesaid.

(3) Any application subsequent to the summons for directions and before judgment as to any matter capable of being dealt with on an interlocutory application in the action must be made under the sum mons by two clear days' notice to the other party stating the grounds of the application.

ORDER 26

INTERROGATORIES

26/1 Discovery by interrogatories

1 (1) A party to any cause or matter may apply to the Court for an order�

(a) giving him leave to serve on any other party interrogato ries relating to any matter in question between the ap plicant and that other party in the cause or matter, and

(b) requiring that other party to answer the interrogatories on affidavit within such period as may be specified in the order.

(2) A copy of the proposed interrogatories must be served with the summons, or the notice under Order 25, rule 7, by which the appli cation for such leave is made.

(3) On the hearing of an application under this rule, the Court shall give leave as to such only of the interrogatories as it considers nec essary either for disposing fairly of the cause or matter or for saving costs; and in deciding whether to give leave the Court shall take into ac count any offer made by the party to be interrogated to give particulars or to make admissions or to produce documents relating to any matter in question.

(4) A proposed interrogatory which does not relate to such a matter as is mentioned in paragraph (1) shall be disallowed notwith standing that it might be admissible in oral cross-examination of a wit ness.

26/2 Interrogatory where party is a body of persons

2 Where a party to a cause or matter is a body of persons, whether corporate or unincorporate, being a body which is empowered by law to sue or be sued whether in its own name or in the name of an officer or other person, the Court may, on the application of any other party, make an order allowing him to serve interrogatories on such officer or member of the body as may be specified in the order.

26/3 Statement as to party, etc. required to answer

3 Where interrogatories are to be served on two or more parties or are required to be answered by an agent or servant of a party, a note at the end of the interrogatories shall state which of the interrogatories each party or, as the case may be, an agent or servant is required to an swer, and which agent or servant.

26/4 Objection to answer on ground of privilege

4 Where a person objects to answering any interrogatory on the ground of privilege he may take the objection in his affidavit in answer.

26/5 Insufficient answer

5 If any person on whom interrogatories have been served answers any of them insufficiently, the Court may make an order requiring him to make a further answer, and either by affidavit or on oral examination as the Court may direct.

26/6 Failure to comply with order

6 (1) If a party against whom an order is made under rule 1 or 5 fails to comply with it, the Court may make such order as it thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the defence be struck out and judgment be entered accordingly.

(2) If a party against whom an order is made under rule 1 or 5 fails to comply with it, then, without prejudice to paragraph (1), he shall be liable to committal.

(3) Service on a party's attorney of an order to answer inter rogatories made against the party shall be sufficient service to found an application for committal of the party disobeying the order, but the party may show in answer to the application that he had no notice or knowl edge of the order.

(4) An attorney on whom an order to answer interrogatories made against his client is served and who fails without reasonable ex cuse to give notice thereof to his client shall be liable to committal.

26/7 Use of answers to interrogatories at trial

7 A party may put in evidence at the trial of a cause or matter or of any issue therein, some only of the answers to interrogatories, or part only of such an answer, without putting in evidence the other answers or, as the case may be, the whole of that answer, but the Court may look at the whole of the answers and if of opinion that any other answer or other part of an answer is so connected with an answer or part thereof used in evidence that the one ought not to be used without the other, the Court may direct that that other answer or part shall be put in evidence.

26/8 Revocation and variation of orders

8 Any order made under this Order (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in connection with which the original order was made.

ORDER 27

ADMISSIONS

27/1 Admission of case of other party

1 Without prejudice to Order 18, rule 13, a party to a cause or matter may give notice, by his pleading or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.

27/2 Notice to admit facts

2 (1) A party to a cause or matter may not later than twenty-one days after the cause or matter is set down for trial serve on any other party a notice requiring him to admit, for the purpose of that cause or matter only, the facts specified in the notice.

(2) An admission made in compliance with a notice under this rule shall not be used against the party by whom it was made in any cause or matter other than the cause or matter for the purpose of which it was made or in favour of any person other than the person by whom the notice was given, and the Court may at any time allow a party to amend or withdraw an admission so made by him on such terms as may be just.

27/3 Judgment on admission of facts

3 Where admissions of fact are made by a party to a cause or matter either by his pleadings or otherwise, any other party to the cause or matter may apply to the Court for such judgment or order as upon those admissions he may be entitled to, without waiting for the determi nation of any other question between the parties, and the Court may give such judgment, or make such order, on the application as it thinks just.

An application for an order under this rule may be made by motion or summons.

27/4 Admission and production of documents specified in list of documents

4 (1) Subject to paragraph (2) and without prejudice to the right of a party to object to the admission in evidence of any document, a party on whom a list of documents is served in pursuance of any provi sion of Order 24 shall, unless the Court otherwise orders, be deemed to admit�

(a) that any document described in the list as an original document is such a document and was printed, written, signed or executed as it purports respectively to have been, and

(b) that any document described therein as a copy is a true copy.

This paragraph does not apply to a document the authenticity of which the party has denied in his pleading.

(2) If before the expiration of twenty-one days after inspection of the documents specified in a list of documents or after the time limited for inspection of those documents expires, whichever is the later, the party on whom the list is served serves on the party whose list it is a no tice stating, in relation to any document specified therein, that he does not admit the authenticity of that document and requires it to be proved at the trial, he shall not be deemed to make any admission in relation to that document under paragraph (1).

(3) A party to a cause or matter by whom a list of documents is served on any other party in pursuance of any provision of Order 24 shall be deemed to have been served by that other party with a notice re quiring him to produce at the trial of the cause or matter such of the documents specified in the list as are in his possession, custody or power.

(4) The foregoing provisions of this rule apply in relation to an affidavit made in compliance with an order under Order 24, rule 7, as they apply in relation to a list of documents served in pursuance of any provision of that Order.

27/5 Notices to admit or produce documents

5 (1) Except where rule 4(1) applies, a party to a cause or matter may within twenty-one days after the cause or matter is set down for trial serve on any other party a notice requiring him to admit the au thenticity of the documents specified in the notice.

(2) If a party on whom a notice under paragraph (1) is served
desires to challenge the authenticity of any document therein specified he must, within twenty-one days after service of the notice, serve on the party by whom it was given a notice stating that he does not admit the authenticity of the document and requires it to be proved at the trial.

(3) A party who fails to give a notice of non-admission in accor dance with paragraph (2) in relation to any document shall be deemed to have admitted the authenticity of that document unless the Court other wise orders.

(4) Except where rule 4(3) applies, a party to a cause or matter may serve on any other party a notice requiring him to produce the doc uments specified in the notice at the trial of the cause or matter.

ORDER 28

ORIGINATING SUMMONS PROCEDURE

28/1 Application

1 The provisions of this Order apply to all originating summonses subject, in the case of originating summonses of any particular class, to any special provisions relating to originating summonses of that class made by these rules or by or under any enactment; and, subject as aforesaid, Order 32, rule 5, shall apply in relation to originating sum monses as it applies in relation to other summonses.

28/2 Fixing time for attendance of parties before Court

2 (1) Where, in the case of an originating summons to which ap pearance is required to be entered, any defendant served with the sum mons has entered, or has within the time limited for appearing failed to enter, an appearance, the plaintiff may obtain an appointment for the attendance of the parties before the Court for the hearing of the sum mons, and a day and time for their attendance shall be fixed by a notice (in Form No. 12 in Appendix A) sealed with the seal of the Court.

(2) A day and time for the attendance of the parties before the Court for the hearing of an originating summons to which appearance is not required, or for the hearing of an ex parte originating summons, may be fixed on the application of the plaintiff or applicant, as the case may be.

(3) Where a plaintiff fails to apply for an appointment under paragraph (1), any defendant may, with the leave of the Court, obtain an appointment in accordance with that paragraph provided that he has entered an appearance.

28/3 Notice of first hearing, etc.

3 (1) Not less than four clear days before the day fixed under rule 2 for the attendance of the parties before the Court for the hearing of an originating summons to which appearance is required to be entered, the party on whose application the day was fixed must serve a copy of the notice fixing it on every other party who has entered an appearance and, if the first mentioned party is a defendant, on the plaintiff.

(2) Not less than four clear days before the day fixed under rule 2 for the hearing of an originating summons to which appearance is not required, the plaintiff must serve the summons on every defendant.

(3) Where the plaintiff intends to adduce evidence in support of an originating summons at the first hearing thereof he must do so by af fidavit and, not less than four clear days before the hearing, serve a copy thereof on every defendant who has entered an appearance or, if the summons is one to which appearance is not required, on every defendant who has been served with the summons.

(4) Not less than four clear days before the day fixed for the hearing of an ex parte originating summons the applicant must file an affidavit in support of the summons.

28/4 Directions, etc. by the Court

4 (1) The Court by whom an originating summons is heard may, if the liability of the defendant to the plaintiff in respect of any claim made by the plaintiff is established, make such order in favour of the plaintiff as the nature of the case may require, but where the Court makes an order under this paragraph against a defendant who does not appear at the hearing, the order may be varied or revoked by a subse quent order of the Court on such terms as it thinks just.

(2) Unless on the first hearing of an originating summons the Court disposes of the summons altogether or makes an order under rule 8, the Court shall give such directions as to the further conduct of the proceedings as it thinks best adapted to secure the just, expeditious and economical disposal thereof.

(3) Without prejudice to the generality of paragraph (2), the Court shall, at as early a stage of the proceedings on the summons as appears to it to be practicable, consider whether there is or may be a dispute as to fact and whether the just, expeditious and economical dis posal of the proceedings can accordingly best be secured by hearing the summons on oral evidence or mainly on oral evidence, and, if it thinks fit, may order that no further evidence shall be filed and that the sum-
mons shall be heard on oral evidence or partly on oral evidence and partly on affidavit evidence, with or without cross-examination of any of the deponents, as it may direct.

(4) Without prejudice to the generality of paragraph (2), and subject to paragraph (3), the Court may give directions as to the filing of evidence and as to the attendance of deponents for cross-examination and any directions which it could give under Order 25 if the cause or matter had been begun by writ and the summons were a summons for directions under that Order.

28/5 Adjournment of summons

5 (1) The hearing of the summons by the Court may (if neces sary) be adjourned from time to time, either generally or to a particular date, as may be appropriate, and the powers of the Court under rule 4 may be exercised at any resumed hearing.

(2) If the hearing of the summons is adjourned generally the party on whose application the day for its hearing was fixed under rule 2 may restore it to the list on two days' notice to all the other parties (except a defendant who has failed to enter an appearance, or if the summons is one to which an appearance is not required, has not been served with the summons), and any of those parties may restore it with the leave of the Court.

28/6 Application affecting party in default of appearance

6 Where in a cause or matter begun by originating summons an application is made to the Court for an order affecting a party who has failed to enter an appearance, the Court hearing the application may re quire to be satisfied in such manner as it thinks fit that the party is in default of appearance.

28/7 Counterclaim by defendant

7 (1) A defendant to an action begun by originating summons who has entered an appearance to the summons and who alleges that he has any claim or is entitled to any relief or remedy against the plaintiff in respect of any matter (whenever and however arising) may make a counterclaim in the action in respect of that matter instead of bringing a separate action.

(2) A defendant who wishes to make a counterclaim under this rule must at the first or any resumed hearing of the originating sum mons by the Court but, in any case, at as early a stage in the proceed ings as is practicable, inform the Court of the nature of his claim and, without prejudice to the powers of the Court under paragraph (3), the claim shall be made in such manner as the Court may direct under rule 4 or rule 8.

(3) If it appears on the application of a plaintiff against whom a counterclaim is made under this rule that the subject-matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may order the counterclaim to be struck out or may order it to be tried separately or make such other order as may be expedient.

28/8 Continuation of proceedings as if cause or matter begun by writ

8 (1) Where, in the case of a cause or matter begun by originating summons, it appears to the court at any stage of the proceedings that the proceedings should for any reason be continued as if the cause or matter had been begun by writ, it may order the proceedings to continue as if the cause or matter had been so begun and may, in particular, or der that any affidavits shall stand as pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof.

(2) Where the Court decides to make such an order, Order 25, rules 2 to 7 shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if there had been a summons for directions in the proceedings and that order were one of the orders to be made thereon.

(3) This rule applies notwithstanding that the cause or matter in question could not have been begun by writ.

(4) Any reference in these rules to an action begun by writ, shall, unless the context otherwise requires, be construed as including a reference to a cause or matter, proceedings in which are ordered under this rule to continue as if the cause or matter had been so begun.

28/9 Order for hearing or trial

9 (1) Except where the Court disposes of a cause or matter begun by originating summons in chambers or makes an order in relation to it under rule 8 or some other provision of these rules, the Court shall, on being satisfied that the cause or matter is ready for determination, make an order for the hearing or trial in accordance with this rule.

(3) The Court shall by order determine the place and mode of the trial, but any such order may be varied by a subsequent order of the
Court made at or before the trial.

(4) Order 33, rule 4(2), and Order 34, rules 1 to 8, shall apply in relation to a cause or matter begun by originating summons and to an order made therein under this rule as they apply in relation to an action begun by writ and to an order made therein under the said rule 4 and shall have effect accordingly with the necessary modifications and with the further modification that for references therein to the summons for directions there shall be substituted references to the first or any re sumed hearing of the originating summons by the Court.

28/10 Failure to prosecute proceedings with despatch

10 (1) If the plaintiff in a cause or matter begun by originating summons makes default in complying with any order or direction of the Court as to the conduct of the proceedings, or if the Court is satisfied that the plaintiff in a cause or matter so begun is not prosecuting the proceedings with due despatch, the Court may order the cause or matter to be dismissed or may make such other order as may be just.

(2) Paragraph (1) shall, with any necessary modifications, apply in relation to a defendant by whom a counterclaim is made under rule 7 as it applies in relation to a plaintiff.

(3) Where, by virtue of an order made under rule 8, proceed ings in a cause or matter begun by originating summons are to continue as if the cause or matter had been begun by writ, the foregoing provi sions of this rule shall not apply in relation to the cause or matter after the making of the order.

28/11 Abatement, etc. of action

11 Order 34, rule 9, shall apply in relation to an action begun by originating summons as it applies in relation to an action begun by writ.

ORDER 29

INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROP ERTY, INTERIM PAYMENTS, ETC.

I. Interlocutory Injunctions, Interim Preservation of Property, Etc.

29/1 Application for injunction

1 (1) An application for the grant of an injunction may be made by any party to a cause or matter before or after the trial of the cause or matter, whether or not a claim for the injunction was included in that party's writ, originating summons, counterclaim or third party notice, as the case may be.

(2) Where the applicant is the plaintiff and the case is one of urgency such application may be made ex parte on affidavit but, except as aforesaid, such application must be made by motion or summons.

(3) The plaintiff may not make such an application before the issue of the writ or originating summons by which the cause or matter is to be begun except where the case is one of urgency, and in that case the injunction applied for may be granted on terms providing for the issue of the writ or summons and such other terms, if any, as the Court thinks fit.

29/2 Detention, preservation, etc. of subject matter of cause or action

2 (1) On the application of any party to a cause or matter the Court may make an order for the detention, custody or preservation of any property which is the subject-matter of the cause or matter, or as to which any question may arise therein, or for the inspection of any such property in the possession of a party to the cause or matter.

(2) For the purpose of enabling any order under paragraph (1) to be carried out the Court may by the order authorise any person to enter upon any land or building in the possession of any party to the cause or matter.

(3) Where the right of any party to a specific fund is in dispute in a cause or matter, the Court may, on the application of a party to the cause or matter, order the fund to be paid into court or otherwise se cured.

(4) An order under this rule may be made on such terms, if any, as the Court thinks just.

(5) An application for an order under this rule must be made by summons or by notice under Order 25, rule 7.

(6) Unless the Court otherwise directs, an application by a de fendant for such an order may not be made before he enters an appear ance.

29/3 Power to order samples to be taken, etc.

3 (1) Where it considers it necessary or expedient for the purpose of obtaining full information or evidence in any cause or matter, the Court may, on the application of a party to the cause or matter, and on such terms, if any, as it thinks just, by order authorise or require any sample to be taken of any property which is the subject-matter of
the cause or matter or as to which any question may arise therein, any ob servation to be made on such property or any experiment to be tried on or with such property

(3) Rule 2(5) and (6) shall apply in relation to an application for an order under this rule as they apply in relation to an application for an order under that rule.

29/4 Sale of perishable property, etc.

4 (1) The Court may, on the application of any party to a cause or matter, make an order for the sale by such person, in such manner and on such terms (if any) as may be specified in the order of any prop erty (other than land) which is the subject-matter of the cause or matter or as to which any question arises therein and which is of a perishable nature or likely to deteriorate if kept or which for any other good reason it is desirable to sell forthwith,

(2) Rule 2(5) and (6) shall apply in relation to an application for an order under this rule as they apply in relation to an application for an order under that rule.

29/5 Order for early trial

5 Where on the hearing of an application, made before the trial of a cause or matter, for an injunction or the appointment of a receiver or an order under rule 2, 3 or 4 it appears to the Court that the matter in dis pute can be better dealt with by an early trial than by considering the whole merits thereof for the purposes of the application, the Court may make an order accordingly and may also make such order as respects the period before trial as the justice of the case requires.

Where the Court makes an order for early trial it shall by the or der determine the place and mode of the trial.

29/6 Recovery of personal property subject to lien, etc

6 Where the plaintiff, or the defendant by way of counterclaim, claims the recovery of specific property (other than land) and the party from whom recovery is sought does not dispute the title of the party making the claim but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court, at any time after the claim to be so entitled appears from the pleadings (if any) or by affidavit or otherwise to its satisfaction, may order that the party seeking to recover the property be at liberty to pay into court, to abide the event of the action, the amount of money in respect of which the security is claimed and such further sum (if any), for interest and costs as the Court may direct and that, upon such payment being made, the property claimed be given up to the party claiming it.

29/7 Directions

7 (1) Where an application is made under any of the foregoing provisions of this Order, the Court may give directions as to the further proceedings in the cause or matter.

(2) If, in an action begun by writ, not being any such action as is mentioned in sub-paragraphs (a) to (c) and (e) to (h) of Order 25, rule 1(2), the Court thinks fit to give directions under this rule before the summons for directions, rules 2 to 7 of that Order shall, with the omis sion of so much of rule 7(1), is requires parties to serve a notice specify ing the orders and directions which they desire and with any other nec essary modifications, apply as if the application were a summons for di rections.

29/8 Allowance of income of property pendente lite

8 Where any real or personal property forms the subject-matter of any proceedings, and the Court is satisfied that it will be more than suf ficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may at any time allow the whole or part of the income of the property to be paid, during such period as it may direct, to any or all of the parties who have an interest therein or may direct that any part of the personal property be transferred or deliv ered to any or all of such parties.

ORDER 30

RECEIVERS

30/1 Application for receiver and injunction

1 (1) An application for the appointment of a receiver may be made by summons or motion.

(2) An application for an injunction ancillary or incidental to an order appointing a receiver may be joined with the application for such order.

(3) Where the applicant wishes to apply for the immediate
grant of such an injunction, he may do so ex parte on affidavit.

(4) The Court hearing an application under paragraph (3) may grant an injunction restraining the party beneficially entitled to any in terest in the property of which a receiver is sought from assigning, charging or otherwise dealing with that property until after the hearing of a summons for the appointment of the receiver and may require such a summons returnable on such date as the Court may direct, to be issued.

30/2 Giving of security by receiver

2 (1) Where a judgment is given, or order made, directing the ap pointment of a receiver, then, unless the judgment or order otherwise di rects, a person shall not be appointed receiver in accordance with the judgment or order until he has given security in accordance with this rule.

(2) Where by virtue of paragraph (1), or of any judgment or or der appointing a person named therein to be receiver, a person is re quired to give security in accordance with this rule he must give security approved by the Court duly to account for what he receives as receiver and to deal with it as the Court directs.

(3) Unless the Court otherwise directs, the security shall be by guarantee or, if the amount for which the security is to be given does not exceed $10,000, by an undertaking.

(4) The guarantee or undertaking must be filed in the Registry, and it shall be kept as of record until duly vacated.

30/3 Remuneration of receiver

3 A person appointed receiver shall be allowed such proper remu neration, if any, as may be fixed by the Court.

30/4 Receiver's accounts

4 (1) A receiver must submit accounts to the Court at such inter vals or on such dates as the Court may direct in order that they may be passed.

(2) Unless the Court otherwise directs, each account submitted by a receiver must be accompanied by an affidavit verifying it.

(3) The receiver's account and affidavit (if any) must be left at the Registry, and the plaintiff or party having the conduct of the cause or matter must thereupon obtain an appointment for the purpose of pass ing such account.

(4) The passing of a receiver's account must be certified by the Registrar.

30/5 Payment of balance, etc. by receiver

5 The days on which a receiver must pay into court the amounts shown by his account as due from him, or such part thereof as the Court may certify as proper to be paid in by him, shall be fixed by the Court.

30/6 Default by receiver

6 (1) Where a receiver fails to attend for the passing of any ac count of his, or fails to submit any account, make any affidavit or do any other thing which he is required to submit, make or do, he and any or all of the parties to the cause or matter in which he was appointed may be required to attend in chambers to show cause for the failure, and the Court may, either in chambers or after adjournment into court, give such directions as it thinks proper including, if necessary, directions for the discharge of the receiver and the appointment of another and the pay ment of costs.

(2) Without prejudice to paragraph (1), where a receiver fails to attend for the passing of any account of his or fails to submit any ac count or fails to pay into court on the date fixed by the Court any sum shown by his account as due from him, the Court may disallow any re muneration claimed by the receiver in any subsequent account and may, where he has failed to pay any such sum into court, charge him with in terest at the statutory rate on that sum while in his possession as re ceiver.

ORDER 31

SALES, ETC., OF LAND BY ORDER OF COURT: CONVEYANCING COUNSEL

I. SALES, ETC., OF LAND BY ORDER OF COURT

31/1 Power to order sale of land

1 Where in any cause or matter relating to any land it appears necessary or expedient for the purposes of the cause or matter that the land or any part thereof should be sold, the Court may order that land or part to be sold, and any party bound by the order and in possession of that land or part, or in receipt of the rents and profits thereof, may be compelled to deliver up such possession or receipt to the purchaser or
to such other person as the Court may direct.

31/2 Manner of carrying out sale

2 (1) Where an order is made, whether in court or in chambers, directing any land to be sold, the Court may permit the party or person having the conduct of the sale to sell the land in such manner as he thinks fit, or may direct that the land be sold in such manner as the Court may either by the order or under paragraph (4) direct for the best price that can be obtained, and all proper parties shall join in the sale and conveyance as the Court shall direct.

(2) The party entitled to prosecute the order must�

(a) leave a copy of the order at the Registry with a certificate that it is a true copy of the order, and

(b) subject to paragraph (3), take out a summons to proceed with the order.

(3) Where an order for sale contains directions with regard to effecting the sale, the party entitled to prosecute the order shall not take out a summons under paragraph (2) unless and until he requires the further directions of the Court.

(4) On the hearing of the summons the Court may give such di rections as it thinks fit for the purpose of effecting the sale, including, without prejudice to the generality of the foregoing words, directions�

(a) appointing the party or person who is to have the con duct of the sale;

(b) fixing the manner of sale, whether by contract condi tional on the approval of the Court, private treaty, public auction, tender or some other manner;

(d) requiring payment of the purchase money into court or to trustees or other persons;

(e) for settling the particulars and conditions of sale;

(f) for obtaining evidence of the value of the property;

(g) fixing the security (if any) to be given by the auctioneer, if the sale is to be by public auction, and the remunera tion to be allowed him;

(h) requiring an abstract of the title to be referred to con veyancing counsel for his opinion thereon and to settle the particulars and conditions of sale.

31/3 Certifying result of sale

3 (1) If either the Court has directed payment of the purchase money into court or the Court so directs, the result of a sale by order of the Court must be certified�

(a) in the case of a sale by public auction, by the auctioneer who conducted the sale, and

(b) in any other case, by the attorney of the party or person having the conduct of the sale;

and the Court may require the certificate to be verified by the affidavit of the auctioneer or attorney, as the case may be.

(2) The attorney of the party or person having the conduct of the sale must leave a copy of the certificate and affidavit (if any) at the judge's chambers and, not later than two days after doing so, file the certificate and any affidavit in the Registry.

31/4 Mortgage, exchange or partition under order of the Court

4 Rules 2 and 3 shall, so far as applicable and with the necessary modifications, apply in relation to the mortgage, exchange or partition of any land under an order of the Court as they apply in relation to the sale of any land under such an order.

II. CONVEYANCING COUNSEL

31/5 Reference of matters to conveyancing counsel

5 The Court may appoint and refer to conveyancing counsel�

(a) any matter relating to the investigation of the title to any property with a view to an investment of money in the purchase or on mortgage thereof, or with a view to the sale thereof,

(b) any matter relating to the settlement of the draft of a conveyance, mortgage, settlement or other instrument, and

and may act upon his opinion in the matter referred.

31/6 Objection to conveyancing counsel's opinion

6 Any party may object to the opinion given by any conveyancing counsel on a reference under rule 5, and if he does so the point in dis pute shall be determined by the judge either in chambers or in court as he thinks fit.

31/7 [blank]

31/8 Obtaining counsel's opinion on reference

8 (1) When any matter is referred to conveyancing counsel, a minute of the order of reference shall be prepared and signed by the Registrar.

(2) A minute signed as mentioned in paragraph (1) is sufficient authority for counsel to proceed with the reference.

ORDER 32

APPLICATIONS AND PROCEEDINGS IN CHAMBERS

32/1 Mode of making application

1 Except as provided by Order 25, rule 7, every application in chambers not made ex parte must be made by summons.

32/2 Issue of summons

2 (1) Issue of a summons by which an application in chambers is to be made takes place on its being sealed by the Registrar.

(2) A summons may not be amended after issue without leave of the Court.

32/3 Service of summons

3 A summons asking only for the extension or abridgment of any period of time may be served on the day before the day specified in the summons for the hearing thereof but, except as aforesaid and unless the Court otherwise orders or any of these rules otherwise provides, a sum mons must be served on every other party not less than two clear days before the day so specified.

32/4 Adjournment of hearing

4 (1) The hearing of a summons may be adjourned from time to time either generally or to a particular date, as may be appropriate.

(2) If the hearing is adjourned generally, the party by whom the summons was taken out may restore it to the list on two clear days' no tice to all the other parties on whom the summons was served.

32/5 Proceeding in absence of party failing to attend

5 (1) Where any party to a summons fails to attend on the first or any resumed hearing thereof, the Court may proceed in his absence if, having regard to the nature of the application, it thinks it expedient so to do.

(2) Before proceeding in the absence of any party the Court may require to be satisfied that the summons or, as the case may be, notice of the time appointed for the resumed hearing was duly served on that party.

(3) Where the Court hearing a summons proceeds in the ab sence of a party, then, provided that any order made on the hearing has not been perfected, the Court, if satisfied that it is just to do so, may re-hear the summons.

(4) Where an application made by summons has been dis missed without a hearing by reason of the failure of the party who took out the summons to attend the hearing, the Court, if satisfied that it is just to do so, may allow the summons to be restored to the list.

32/6 Order made ex parte may be set aside

6 The Court may set aside an order made ex parte.

32/7 Subpoena for attendance of witness

7 (1) A writ of subpoena ad testificandum or a writ of subpoena duces tecum to compel the attendance of a witness for the purpose of proceedings in chambers maybe issued out of the Registry, if the regis trar so authorises.

(2) The Registrar may direct that the application for any such writ be made to the judge before whom the proceedings are to be heard.

32/8 Registrar may administer oaths, etc.

8 The Registrar and any Assistant Registrar shall have authority to administer oaths and take affidavits for the purpose of proceedings in the Court.

32/9 Application for leave to institute certain proceedings

9 (1) The jurisdiction of the Court to grant leave under section 75 of the Mental Health Act 1968 [title 11 item 36] to bring proceedings against a person may be exercised in chambers by a judge.

(3) No appearance need be entered to an originating summons by which an application for leave under the said section 75 is made.

(4) The application must be supported by an affidavit setting out the grounds on which such leave is sought and any facts necessary to substantiate those grounds.

32/10 [blank]

32/11 Jurisdiction of Registrar

11 (1) The Registrar shall have power to transact all such busi ness and exercise all such authority and jurisdiction as under the Act or these rules may be transacted and exercised by a judge in chambers ex cept in respect of the following matters and proceedings, that is to say�

(a) matters relating to criminal proceedings;

(b) matters relating to the liberty of the subject;

(2) The Registrar shall have power to grant an injunction in the terms agreed by the parties to the proceedings in which the injunction is sought.

32/12 Reference of matter to judge

12 The Registrar may refer to a judge any matter which he thinks should properly be decided by a judge, and the judge may either dispose of the matter or refer it back to the Registrar with such directions as he thinks fit.

32/13 Power to direct hearing in Court

13 (1) The judge in chambers may direct that any summons, ap plication or appeal shall be heard in court or shall be adjourned into court to be so heard if he considers that by reason of its importance or for any other reason it should be so heard.

(2) Any matter heard in court by virtue of a direction under paragraph (1) may be adjourned from court into chambers.

32/14 and 32/15 [blank]

32/16 Obtaining assistance of experts

16 If the Court thinks it expedient in order to enable it better to de termine any matter arising in proceedings in chambers, it may obtain the assistance of any person specially qualified to advise on that matter and may act upon his opinion.

32/17 Notice of filing etc. of affidavit

17 Without prejudice to the provisions of Order 29 rule 1, any party�

(a) filing an affidavit intended to be used by him in any pro ceedings in chambers, or

(b) intending to use in any such proceedings any affidavit filed by him in previous proceedings,

shall give notice to every other party of the filing or, as the case may be, of his intention to do so.

32/18 Adjournment into or from court

18 The hearing of any summons or other application in chambers may be adjourned from chambers into court and subsequently from court into chambers.

32/19 Disposal of matter in chambers

19 The judge may by any judgment or order made in court in any proceedings direct that such matters (if any) in the proceedings as he may specify shall be disposed of in chambers.

32/20 Powers for use of Court, etc.

20 The original of any document which is to be used in evidence in proceedings in chambers must, if it is available, be brought in, and copies of any such document or of any part thereof shall not be made unless the Court directs that copies of that document or part be supplied for the use of the Court or be given to the other parties to the proceed ings.

32/21 Notes of proceedings in chambers

21 A note shall be kept of all proceedings in the judge's chambers with the dates thereof so that all such proceedings in any cause or mat ter are noted in chronological order with a short statement of the matter decided at each hearing.

ORDER 33

MODE OF TRIAL

33/1 [blank]

33/2 Mode of trial

2 (1) Subject to the provisions of these rules, a cause or matter, or any question or issue arising therein, may be tried before�

(a) a judge alone, or

(b) a judge with a jury, or

(d) the Registrar, or

(f) a special referee with or without the assistance of asses sors.

(2) If on the application of any party made within the pre scribed time the Court or a judge is satisfied�

(a) that a charge of fraud against that party is in issue; or

(b) that a claim in respect of libel, slander, malicious prose cution, false imprisonment, or seduction is in issue,

then the cause, matter or issue shall be ordered to be tried with a jury unless the Court or judge is of opinion that the trial thereof requires any prolonged examination of documents or accounts or any scientific or lo cal investigation which cannot conveniently be made with a jury.

(3) In this rule the expression "within the prescribed time" means not later than ten days after the close of the pleadings, or (where there are no pleadings) at the time of or within ten days after the order directing the mode of trial.

33/3 Time, etc. of trial of questions and issues

3 The Court may order any question or issue arising in a cause or matter, whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be tried before, at or af ter the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

33/4 Determining the mode of trial

4 (1) In every action begun by writ, an order made on the sum mons for directions shall determine the mode of the trial; and any such order may be varied by a subsequent order of the Court made at or be fore the trial.

(2) In any such action different questions or issues may be or dered to be tried by different modes of trial and one or more questions or issues may be ordered to be tried before the others.

(3) The references in this Order to the summons for directions include references to any summons or application to which, under any of these rules, Order 25, rules 2 to 7, are to apply, with or without modifi cations.

33/5 [blank]

33/6 Trial with assistance of assessors

6 A trial of a cause or matter with the assistance of assessors shall take place in such manner and on such terms as the Court may direct.

33/7 Dismissal of action, etc. after decision of preliminary issue

7 If it appears to the Court that the decision of any question or is sue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment as may be just.

33/8 Special juries

8 In any cause or matter in which a trial by the Court with a jury has been ordered�

(a) the plaintiff or the defendant may have the issues tried by a special jury on application made at the time at which the mode of trial is fixed, or, if the Court or judge thinks fit, at any later stage upon such terms as to costs and otherwise as may be just; or

(b) the Court or a judge may without any application order that the issues be tried by a special jury.

ORDER 34

SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT

34/1 Application and interpretation

1 This Order applies to actions begun by writ and accordingly, ref erences in this Order to an action shall be construed as references to an action so begun.

must, as soon as practicable after becoming aware of it, certify the abatement or change of interest or liability and send the certificate to the Registrar, and the Registrar shall cause the appropriate entry to be made in the list of actions set down for trial.

(2) Where in any such list an action stands for one year marked as abated or ordered to stand over generally, the action shall on the expiration of that year be struck out of the list unless, in the case of an action ordered to stand over generally, the order otherwise provides.

ORDER 35

PROCEEDINGS AT TRIAL

35/1 Failure to appear by both parties or one of them

1 (1) If when the trial of an action is called on, neither party ap pears, the action may be struck out of the list, without prejudice, how ever, to the restoration thereof, on the direction of a judge.

(2) If, when the trial of an action is called on, one party does not appear, the judge may proceed with the trial of the action or any counterclaim in the absence of that party.

35/2 Judgment etc. given in absence of party may be set aside

2 (1) Any judgment, order or verdict obtained where one party does not appear at the trial may be set aside by the Court, on the appli cation of that party, on such terms as it thinks just.

(2) An application under this rule must be made within 7 days after the trial.

35/3 Adjournment of trial

3 The judge may, if he thinks it expedient in the interest of justice, adjourn a trial for such time, and to such place, and upon such terms, if any, as he thinks fit.

35/4 to 35/6 [blank]

35/7 Order of speeches

7 (1) The judge before whom an action is tried (whether with or without a jury) may give directions as to the party to begin and the order of speeches at the trial, and, subject to any directions, the party to begin and the order of speeches shall be that provided by this rule.

(2) Subject to paragraph (6) the plaintiff shall begin by opening his case.

(3) If the defendant elects not to adduce evidence, then, whether or not the defendant has in the course of cross-examination of a witness for the plaintiff or otherwise put in a document, the plaintiff may, after the evidence on his behalf has been given, make a second speech closing his case and the defendant shall then state his case.

(4) If the defendant elects to adduce evidence, he may, after any evidence on behalf of the plaintiff has been given, open his case and, after the evidence on his behalf has been given, make a second speech closing his case, and at the close of the defendant's case the plaintiff may make a speech in reply.

(5) Where there are two or more defendants who appear sepa rately or are separately represented, then�

(a) if none of them elects to adduce evidence, each of them shall state his case in the order in which his name ap pears on the record;

(b) if each of them elects to adduce evidence, each of them may open his case and the evidence on behalf of each of them shall be given in the order aforesaid and the speech of each of them closing his case shall be made in that order after the evidence on behalf of all the defen dants has been given;

(c) if some of them elect to adduce evidence and some do not, those who do not shall state their cases in the order aforesaid after the speech of the plaintiff in reply to the other defendants.

(6) Where the burden of proof of all the issues in the action lies on the defendant or, where there are two or more defendants and they appear separately or are separately represented, on one of the defen dants, the defendant or that defendant, as the case may be, shall be en titled to begin, and in that case paragraphs (2), (3) and (4) shall have ef fect in relation to, and as between him and the plaintiff as if for refer ences to the plaintiff and the defendant there were substituted references to the defendant and the plaintiff respectively.

(7) Where, as between the plaintiff and any defendant, the party who would, but for this paragraph, be entitled to make the final speech raises any fresh point of law in that speech or cites in that speech any authority not previously cited, the opposite party may make a fur ther speech in reply, but only in relation to that point of law or that au thority, as the case may be.

35/8 Inspection by judge or jury

8 (1) The judge by whom any cause or matter is tried may in spect any place or thing with respect to which any question arises in the cause or matter.

(2) Where a cause or matter is tried with a jury and the judge inspects any place or thing under paragraph (1), he may authorise the jury to inspect it also.

35/9 Death of party before giving of judgment

9 Where a party to any action dies after the verdict or finding of the issues of fact and before judgment is given, judgment may be given notwithstanding the death, but the foregoing provision shall not be taken as affecting the power of the judge to make an order under Order 15, rule 7(2), before giving judgment.

35/10 Certificate of Registrar

10 It shall be the duty of the Registrar in his capacity as taxing master upon the conclusion of the trial to give a certificate as to the fol lowing matters�

(a) the time actually occupied by the trial;

(b) any order made by the judge under Order 38, rule 5 or 6;

(d) the judgment given by the judge; and

(e) any order made by the judge as to costs.

35/11 List of exhibits

11 (1) The clerk of the Court shall take charge of every document or object put in as an exhibit during the trial of any action and shall mark or label every exhibit with a letter or letters indicating the party by whom the exhibit is put in or the witness by whom it is proved, and with a number, so that all the exhibits put in by a party, or proved by a wit ness, are numbered in one consecutive series.

In this paragraph a witness by whom an exhibit is proved includes a wit ness in the course of whose evidence the exhibit is put in.

(2) The clerk of the Court shall cause a list to be made of all the exhibits in the action, and any party may, on payment of the prescribed fee, have an office copy of that list.

(3) The list of exhibits when completed shall be attached to the pleadings and shall form part of the record of the action.

(4) For the purpose of this rule a bundle of documents may be treated and counted as one exhibit.

35/12 Custody of exhibit after trial

12 It shall be the duty of every party to an action who has put in any exhibit to apply to the Registrar immediately after the trial for the return of the exhibit, and, so far as is practicable, regard being had to the nature of the exhibit, to keep it duly marked and labelled as before, so that in the event of an appeal, he may be able to produce the exhibit so marked and labelled at the hearing of the appeal in case he is re quired to do so.

35/13 Impounded documents

13 (1) Documents impounded by order of the Court shall not be delivered out of the custody of the Court except in compliance with an order made by a judge on an application made by motion:

Provided that where the Attorney General makes a written re quest in that behalf, documents so impounded shall be delivered into his custody.

(2) Documents impounded by order of the Court, while in the custody of the Court, shall not be inspected except by a person autho rised to do so by an order signed by a judge.

ORDER 36

TRIALS BEFORE, AND INQUIRIES BY, SPECIAL REFEREES

36/1 Power to order trial before special referee

1 Without prejudice to any provision of law, if, in any cause or matter other than a criminal proceeding by the Crown, the Court consid ers, upon the application by any party that having regard to the nature of the case it is desirable (whether on grounds of expedition, economy or convenience or otherwise) in the interests of one or more of the parties or with the consent of the parties, the Court may, subject to any right to a trial with a jury, order that the cause or matter, or any question or issue of fact arising therein, shall be tried before a special referee, with or without assessors.

36/2 Reference to special referee of question of fact for inquiry, etc.

2 In any cause or matter other than a criminal proceeding by the Crown the Court may, subject to any right to a trial with a jury, refer to a special referee for inquiry and report any question or issue of fact arising therein; and, unless the Court otherwise orders, the further considera tion of the cause or matter shall stand adjourned until the receipt of the special referee's report.

36/3 Report on reference under rule 2

3 (1) The report made by a special referee in pursuance of a ref erence under rule 2 shall be made to the Court and notice thereof served on the parties to the reference.

(2) The special referee may in his report submit any question arising therein for decision of the Court or make a special statement of facts from which the Court may draw such inferences as it thinks fit.

(3) On the receipt of the special referee's report, the Court may�

(a) adopt the report in whole or in part;

(b) vary the report;

(d) remit the whole or any part of the question or issue originally referred to him for further consideration by him or any other special referee; or

(e) decide the question or issue originally referred to him on the evidence taken before him, either with or without additional evidence.

(4) When the report of the special referee has been made, an application to vary the report or remit the whole or any part of the ques tion or issue originally referred may be made on the hearing by the Court of the further consideration of the cause or matter, after giving not less than four days' notice thereof, and any other application with respect to the report may be made on that hearing without notice.

(5) Where on a reference under rule 2 the Court orders that further consideration of the cause or matter in question shall not stand adjourned until the receipt of the special referee's report, the order may contain directions with respect to the proceedings on the receipt of the report, and the foregoing provisions of the rule shall have effect subject to any such directions.

36/4 Powers of special referee

4 (1) Subject to any directions contained in the Order referring any business to a special referee�

(a) the special referee shall for the purpose of disposing of any cause or matter (including any interlocutory appli cation therein) or any other business referred to him have the same jurisdiction, powers and duties (including the power of committal and discretion as to costs,) as a judge, exercisable or, as the case may be, to be per formed as nearly as circumstances admit in the like cases, in the like manner and subject to the like limita tions; and

(b) every trial and all other proceedings before the special referee shall, as nearly as circumstances admit, be con ducted in the like manner as the like proceedings before a judge.

(2) Without prejudice to the generality of paragraph (1), but subject to any such directions as are mentioned therein, a special referee before whom any cause or matter is tried shall have the like powers as the Court with respect to claims relating to or connected with the original subject-matter of the cause or matter by any party thereto against any other person, and Order 15, rule 5(2) and Order 16 shall with any neces sary modifications apply in relation to any such claim accordingly.

(3) A special referee may hold any trial or any other proceed ings before him at any time which appears to him to be convenient and may adjourn the proceedings from place to place as he thinks fit.

36/5 to 36/8 [blank]

36/9 Trial before, and inquiry by Registrar

9 (1) An order under rule 1 may, with the consent of the parties to the cause or matter, order that the cause or matter, or any question or issue of fact arising therein, be tried before the Registrar instead of an official referee and that rule shall have effect accordingly with the omis sion of the reference to assessors.

(2) Without prejudice to Orders 43 and 44, and subject to the provisions of those Orders, a reference under rule 2 may be made by the judge to the Registrar instead of an official referee and that rule and rule 3 shall have effect accordingly.

(3) Rule 4 shall apply in relation to the Registrar and the con duct of any proceedings before the Registrar at a trial before, or reference to him under this Order as it applies in relation to an official referee and the conduct of proceedings before an official referee, except that the Registrar shall not have power to make orders of committal or the power conferred on an official referee by rule 4(3).

ORDER 37

ASSESSMENT OF DAMAGES BY THE REGISTRAR

37/1 General rule: witnesses to be examined orally

1 (1) Where judgment is given by the Court for damages to be as sessed and by the judgment no provision is made as to how they are to be assessed, the damages shall, subject to the provisions of this Order be assessed by the Registrar, and the party entitled to the benefit of the judgment may, after obtaining the necessary appointment from the Reg istrar and, at least seven days before the date of the appointment, serv ing notice of the appointment on the party against whom the judgment is given, proceed accordingly.

(2) Notwithstanding anything in Order 65, rule 9, a notice un der this rule must be served on the party against whom the judgment is given.

(3) The attendance of witnesses and the production of docu ments before the Registrar in proceedings under this Order may be com pelled by writ of subpoena, and the provisions of Order 35, shall, with the necessary adaptations, apply in relation to those proceedings as they apply in relation to proceedings at a trial.

37/2 Certificate of amount of damages

2 Where in pursuance of this Order or otherwise damages are as sessed by the Registrar, he shall certify the amount of the damages, and the certificate shall, when judgment is entered, be filed in the Registry.

37/3 Default judgment against some but not all defendants

3 Where any such judgment as is mentioned in rule 1, is given in default of appearance or in default of defence, and the action proceeds against other defendants, the damages under the judgment shall be as sessed at the trial unless the Court otherwise orders.

37/4 Power to order assessments at trial

4 The Court may, in the case of any such judgment as is men tioned in rule 1, order that the action shall proceed to trial before a judge (with or without a jury) as respects the damages; and where the Court orders that the action shall proceed to trial, Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires the parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application to the Court in pursuance of which the Court makes the order, were a sum mons for directions under Order 25.

37/5 Assessment of value

5 The foregoing provisions of this Order shall apply in relation to a judgment for the value of goods to be assessed, with or without damages to be assessed, as they apply to a judgment for damages to assessed, and references in those provisions to the assessment of damages shall be construed accordingly.

37/6 Assessment of damages to time of assessment

6 Where damages are to be assessed (whether under this Order or otherwise) in respect of any continuing cause of action, they shall be as sessed down to the time of the assessment.

ORDER 38

EVIDENCE

I: GENERAL RULES

38/1 General rule: witnesses to be examined orally

1 Subject to the provisions of these Rules and of the Evidence Act 1905 [title 8 item 10] and any other enactment relating to evidence, any fact required to be proved at the trial of any action begun by writ by the evidence of witnesses shall be proved by the examination of witnesses orally and in open court.

38/2 Evidence by affidavit

2 (1) The Court may at or before the trial of an action begun by writ, order that the affidavit of any witness may be read at the trial if in the circumstances of the case it thinks it reasonable so to order.

(2) An order under paragraph (1) may be made on such terms as to the filing and giving of copies of the affidavits and as to the produc tion of the deponents for cross-examination as the Court thinks fit but, subject to any such terms and to any subsequent order of the Court,
the deponents shall not be subject to cross-examination and need not attend the trial for the purpose.

(3) In any cause or matter begun by originating summons, originating motion or petition, and on any application made by summons or motion, evidence may be given by affidavit unless in the case of any such cause, matter or application any provision of these rules otherwise provides or the Court otherwise directs, but the Court may, on the appli cation of any party, order the attendance for cross-examination of the person making any such affidavit, and where, after such an order has been made, the person in question does not attend, his affidavit shall not be used as evidence without the leave of the Court.

38/3 Evidence of particular facts

3 (1) Without prejudice to rule 2, the Court may, at or before the trial of any action, order that evidence of any particular fact shall be given at the trial in such manner as may be specified by the order.

(2) The power conferred by paragraph (1) extends in particular to ordering that evidence of any particular fact may be given at the trial�

(a) by statement on oath of information or belief, or

(b) by the production of documents or entries in books, or

(d) in the case of a fact which is or was a matter of common knowledge, by the production of a specified newspaper which contains a statement of that fact.

38/4 Limitation of expert evidence

4 The Court may, at or before the trial of any action, order that the number of medical or other expert witnesses who may be called at the trial shall be limited as specified by the order.

38/5 Limitation of plans, etc. in evidence

5 Unless, at or before the trial, the Court for special reasons oth erwise orders, no plan, photograph or model shall be receivable in evi dence at the trial of an action unless at least ten days before the com mencement of the trial the parties, other than the party producing it, have been given an opportunity to inspect it and to agree to the admis sion thereof without further proof.

38/6 Revocation or variation of orders under rules 2 to 5

6 Any order under rules 2 to 5 (including an order made on ap peal) may, on sufficient cause being shown, be revoked or varied by a subsequent order of the Court made at or before the trial.

38/7 Evidence of finding on foreign law

7 (1) A party to any cause or matter who intends to adduce in evidence a finding or decision on a question of foreign law by virtue of section 27M(2) of the Evidence Act 1905 [title 8 item 10] shall�

(a) in the case of an action to which Order 25, rule 1 applies within fourteen days after the pleadings in the action are deemed to be closed, and

(b) in the case of any other cause or matter, within twenty-one days after the date on which an appointment for the first hearing of the cause or matter is obtained,

or in either case, within such other period as the Court may specify, serve notice of his intention on every other party to the proceedings.

(2) The notice shall specify the question on which the finding or decision was given or made and specify the document in which it is re ported or recorded in citable form.

(3) In any cause or matter in which evidence may be given by affidavit, an affidavit specifying the matters contained in paragraph (2) shall constitute notice under paragraph (1) if served within the period mentioned in that paragraph.

38/8 Application to trial of issues, references, etc.

8 The foregoing rules of this Order shall apply to trials of issues or questions of fact or law, references, inquiries and assessments of dam ages as they apply to the trial of actions.

38/9 Depositions: when receivable in evidence at trial

9 (1) No deposition taken in any cause or matter shall be re ceived in evidence at the trial of the cause or matter unless�

(a) the deposition was taken in pursuance of an order under Order 39, rule 1, and

(b) either the party against whom the evidence is offered consents or it is proved to the satisfaction of the Court that the deponent is dead, or beyond the jurisdiction of the Court or unable from sickness or other infirmity to
attend the trial.

(2) A party intending to use any deposition in evidence at the trial of a cause or matter must, a reasonable time before the trial, give notice of his intention to do so to the other party.

(3) A deposition purporting to be signed by the person before whom it was taken shall be receivable in evidence without proof of the signature being the signature of that person.

38/10 Court documents admissible or receivable in evidence

10 (1) Certified copies of writs, records, pleadings and documents filed in the Court shall be admissible in evidence in any cause or matter and between all parties to the same extent as the original would be ad missible.

(2) Without prejudice to the provisions of any enactment, every document purporting to be sealed with the seal of the Court shall be re ceived in evidence without further proof, and any document purporting to be so sealed and to be a copy of a document filed in, or issued out of, the Registry shall be deemed to be a certified copy of that document without further proof unless the contrary is shown.

38/11 Evidence of consent of new trustee to act

11 A document purporting to contain the written consent of a per son to act as trustee and to bear his signature verified by some other person shall be evidence of such consent.

38/12 Evidence at trial may be used in subsequent proceedings

12 Any evidence taken at the trial of any cause or matter may be used in any subsequent proceedings in that cause or matter.

38/13 Order to produce document at proceeding other than trial

13 (1) At any stage in a cause or matter the Court may order any person to attend any proceeding in the cause or matter and produce any document, to be specified or described in that order, the production of which appears to the Court to be necessary for the purpose of that pro ceeding.

(2) No person shall be compelled by an order under paragraph (1) to produce any document at a proceeding in a cause or matter which he could not be compelled to produce at the trial of that cause or matter.

II. WRITS OF SUBPOENA

38/14 Form and issue of writ of subpoena

14 (1) A writ of subpoena must be in Form No. 28 or 29 in Ap pendix A, whichever is appropriate.

(2) Issue of a writ of subpoena takes place upon its being sealed by the Registrar.

(5) Before a writ of subpoena is issued a praecipe for the issue of the writ must be filed in the Registry; and the praecipe must contain the name and address of the party issuing the writ, if he is acting in per son, or the name or firm and business address of that party's attorney.

38/15 More than one name may be included in one writ of sub poena

15 The names of two or more persons may be included in one writ of subpoena ad testificandum.

38/16 Amendment of writ of subpoena

16 Where there is a mistake in any person's name or address in a writ of subpoena, then, if the writ has not been served the party by whom the writ was issued may have the writ resealed in correct form by filing a second praecipe under rule 14(5) indorsed with the words "Amended and re-sealed."

38/17 Service of writ of subpoena

17 A writ of subpoena must be served personally and the service shall not be valid unless effected within twelve weeks after the date of is sue of the writ.

38/18 Duration of writ of subpoena

18 A writ of subpoena continues to have effect until the conclusion of the trial at which the attendance of the witness is required.

38/19 [blank]

III. HEARSAY EVIDENCE

38/20 Interpretation and application

20 (1) In this Part of this Order "the Act" means the Evidence Act 1905 [title 8 item 10] and any expressions used in this Part of this Order and in Part IIA of the Act have the same meanings in this Part of this
Or der as they have in the said Part IIA.

(2) This Part of this Order shall apply in relation to the trial or hearing of an issue or question arising in a cause or matter and to a ref erence, inquiry and assessment of damages, as it applies in relation to the trial or hearing of a cause or matter.

38/21 Notice of intention to give certain statements in evidence

21 (1) Subject to the provisions of this rule, a party to a cause or matter who desires to give in evidence at the trial or hearing of the cause or matter any statement which is admissible in evidence by virtue of section 27B, 27D or 27E of the Act must�

(a) in the case of a cause or matter which is required to be set down for trial or hearing or adjourned into court, within twenty-one days after it is set down or so ad journed, or within such other period as the Court may specify, and

(b) in the case of any other cause or matter, within twenty-one days after the date on which an appointment for the first hearing of the cause or matter is obtained, or within such other period as the Court may specify,

serve on every other party to the cause or matter notice of his desire to do so, and the notice must comply with the provisions of rule 22, 23 or 24, as the circumstances of the case require.

(2) Paragraph (1) shall not apply in relation to any statement which is admissible as evidence of any fact stated therein by virtue not only of the said section 27B, 27D or 27E but by virtue also of any other Act.

(3) Paragraph (1) shall not apply in relation to any statement which any party to a probate action desires to give in evidence at the trial of that action and which is alleged to have been made by the deceased person whose estate is the subject of the action.

(4) Where by virtue of any provision of these rules or of any or der or direction of the Court the evidence in any proceedings is to be given by affidavit then, without prejudice to paragraph (2), paragraph (1) shall not apply in relation to any statement which any party to the pro ceedings desires to have included in any affidavit to be used on his be half in the proceedings, but nothing in this paragraph shall affect the op eration of Order 41, rule 5, or the powers of the Court under Order 38, rule 3.

(5) Order 65, rule 9, shall not apply to a notice under this rule but the Court may direct that the notice need not be served on any party who at the time when service is to be effected is in default as to entry of appearance or who has no address for service.

38/22 Statement admissible by virtue of section 27B of the Evi dence Act 1905

22 (1) If the statement is admissible by virtue of section 27B of the Act, and was made otherwise than in a document, the notice must con tain particulars of�

(a) the time, place and circumstances at or in which the statement was made;

(b) the person by whom, and the person to whom, the statement was made; and

(2) If the statement is admissible by virtue of the said section 27B and was made in a document, a copy or transcript of the document, or of the relevant part thereof, must be annexed to the notice, and the notice must contain such (if any) of the particulars mentioned in para graph (1) (a) and (b) as are not apparent on the face of the document or part.

(3) If the party giving the notice alleges that any person, partic ulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 25, the notice must contain a statement to that effect specifying the rea son relied on.

38/23 Statement admissible by virtue of section 27D of the Act

23 (1) If the statement is admissible by virtue of section 27D of the Act, the notice must have annexed to it a copy or transcript of the docu ment containing the statement, or of the relevant part thereof, and must contain�

(a) particulars of�

(i) the person by whom the record containing the statement was compiled;

(ii) the person who originally supplied the informa tion from which the record was compiled; and

(iii) any other person through whom that informa tion was supplied to the compiler of that record;

and, in the case of any such person as is referred to in (i) or (iii) above, a description of the duty under which that person was acting when com piling that record or supplying information from which that record was compiled, as the case may be;

(b) if not apparent on the face of the document annexed to the notice, a description of the nature of the record which, or part of which, contains the statement; and

(2) If the party giving the notice alleges that any person, partic ulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 25, the notice must contain a statement to that effect specifying the rea son relied on.

38/24 Statement admissible by virtue of section 27E of the Act: contents of notice

24 (1) If the statement is contained in a document produced by a computer and is admissible by virtue of section 27E of the Act, the notice must have annexed to it a copy or transcript of the document containing the statement, or of the relevant part thereof, and must contain particu lars of�

(a) a person who occupied a responsible position in relation to the management of the relevant activities for the pur pose of which the computer was used regularly during the material period to store or process information;

(b) a person who at the material time occupied such a posi tion in relation to the supply of information to the com puter, being information which is reproduced in the statement or information from which the information contained in the statement is derived;

and where there are two or more persons who fall within any of the fore going subparagraphs and some only of those persons are at the date of service of the notice capable of being called as witnesses at the trial or hearing, the person particulars of whom are to be contained in the notice must be such one of those persons as is at the date so capable.

(2) The notice must also state whether the computer was oper ating properly throughout the material period and, if not, whether any respect in which it was not operating properly or was out of operation during any part of that period was such as to effect the production of the document in which the statement is contained or the accuracy of its contents.

(3) If the party giving the notice alleges that any person, partic ulars of whom arc contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 25, the notice must contain a statement to that effect specifying the rea son relied on.

38/25 Reasons for not calling a person as a witness

25 The reasons referred to in rules 22(3), 23(2) and 24(3) are that the person in question is dead, or beyond the seas or unfit by reason of his bodily or mental condition to attend as a witness or that despite the exercise of reasonable diligence it has not been possible to identify or find him or that he cannot reasonably be expected to have any recollec tion of matters relevant to the accuracy or otherwise of the statement to which the notice relates.

38/26 Counter-notice requiring person to be called as a witness

26 (1) Subject to paragraphs (2) and (3), any party to a cause or matter on whom a notice under rule 21 is served may within twenty-one days after service of the notice on him serve on the party who gave the notice a counter-notice requiring that party to call as a witness at the trial or hearing of the cause or matter any person (naming him) particu lars of whom are contained in the notice.

(2) Where any notice under rule 21 contains a statement that any person particulars of whom are contained in the notice cannot or should not be called as a witness for the reason specified therein, a party shall not be entitled to serve a counter-notice under this rule requiring that person to be called as a witness at the trial or hearing of the cause or matter unless he contends that that person can or, as the case may be, should be called, and in that case he must include in his counter-notice a statement to that effect.

(3) Where it statement to which a notice under rule 21 relates is one to which rule 28 applies, no party on whom the notice is served shall be entitled to serve a counter-notice under this rule in relation to that statement. but the foregoing provision is without prejudice to the
right of any party to apply to the Court under rule 28 for directions with respect to the admissibility of that statement.

(4) If any party to a cause or matter by whom a notice under rule 21 is served fails to comply with a counter-notice duly served on him under this rule, then, unless any of the reasons specified in rule 25 ap plies in relation to the person named in the counter-notice, and without prejudice to the powers of the Court under rule 29, the statement to which the notice under rule 21 relates shall not be admissible at the trial or hearing of the cause or matter as evidence of any fact stated therein by virtue of section 27B, 27D or 27E of the Act, as the case may be.

38/27 Determination of question whether person can or should be called as a witness

27 (1) Where in any cause or matter a question arises whether any of the reasons specified in rule 25 applies in relation to a person partic ulars of whom are contained in a notice under rule 21, the Court may, on the application of any party to the cause or matter, determine the question before the trial or hearing of the cause or matter or give direc tions for it to be determined before the trial or hearing and for the man ner in which it is to be so determined.

(2) Unless the Court otherwise directs, the summons by which an application under paragraph (1) is made must be served by the party making the application on every other party to the cause or matter.

(3) Where any such question as is referred to in paragraph (1) has been determined under or by virtue of that paragraph, no application to have it determined afresh at the trial or hearing of the cause or matter may be made unless the evidence which it is sought to adduce in sup port of the application could not with reasonable diligence have been ad duced at the hearing which resulted in the determination.

38/28 Directions with respect to statement made in previous pro ceedings

28 Where a party to a cause or matter has given notice in accor dance with rule 21 that he desires to give in evidence at the trial or hearing of the cause or matter�

(a) a statement falling within section 27B(1) of the Act which was made by a person, whether orally or in a doc ument, in the course of giving evidence in some other le gal proceedings (whether civil or criminal), or

(b) a statement falling within section 27D(1) of the said Act which is contained in a record of direct oral evidence given in some other legal proceedings (whether civil or crimi nal),

any party to the cause or matter may apply to the Court for directions under this rule, and the Court hearing such an application may give di rections as to whether, and if so on what conditions, the party desiring to give the statement in evidence will be permitted to do so and (where ap plicable) as to the manner in which that statement and any other evi dence given in those other proceedings is to be proved.

38/29 Power of Court to allow statement to be given in evidence

29 (1) Without prejudice to section 27B(2)(a) and 27D(2)(a) of the Act and rule 28, the Court may, if it thinks it just to do so, allow a statement falling within section 27B(1), 27D(1) or 27E(1) of the Act to be given in evidence at the trial or hearing of a cause or matter notwith standing�

(a) that the statement is one in relation to which rule 21 (1) applies and that the party desiring to give the statement in evidence has failed to comply with that rule, or

(b) that that party has failed to comply with any require ment of a counter-notice relating to that statement which was served on him in accordance with rule 26.

Proceedings	Enactments
1 Bankruptcy proceedings	Bankruptcy Act 1876 section 58 [title 8 item 49]
2 Proceedings relating to the winding up of com panies	Companies Act 1981 section 288 [title 17 item 5]
3 Non-contentious or com mon form probate pro ceedings	Administration of Estates Act 1974 section 57 [title 26 item 12]
4 Proceedings in Supreme Court when acting as Prize Court	Colonial Courts of Admiralty Act 1890 section 7
5 Proceedings before the judge within the meaning of Part IV of the Mental Health Act 1968	Mental Health Act 1968 section 60 [title 11 item 36]
6 Matrimonial proceedings	Supreme Court Act 1905 section 62 [title 8 item 1]
7 Controverted election pro ceedings	Legislature (Appointment, Election and Membership Controversies) Act 1968 section 43 [title 2 item 3]
8 Proceedings relating to appeal against cancella tion of li cence or permit	Hotels (Licensing and Control) Act 1969 section 18 [title 17 item 2]
	Companies Act 1981 sections 141 and 276A, [title 17 item 35] under section 62 of the Supreme Court Act 1905
	Banks Act 1969 section 28 [title 17 item 20]
9 Civil appeals proceedings	Civil Appeals Act 1971 section 18 [title 8 item 85]
10 Planning appeals pro ceed ings	Development and Planning Act 1974 section 54 [title 20 item 1]
11 Workmen's compensation proceedings	Workmen's Compensation Act 1965 section 41 [title 18 item 3]
12 Acquisition of land pro ceedings	Acquisition of Land Act 1970 section 26 [title 19 item 2]
13 Application for a writ of habeas corpus ad subjici endum or for orders of mandamus, of prohibition and of certio rari	Administration of Justice (Prerogative Writs) Act 1978 section 14 [title 8 item 1A].

Bermuda Consolidated Legislation

Rules of the Supreme Court 1985