The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

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

• (4) If all parties to an action consent, the action may be withdrawn without the leave of the Court at any time before trial by producing to the proper officer a written consent to the action being withdrawn signed by all the parties.

3

• (1) Except as provided by rule 2, a party may not discontinue an action (whether begun by writ or otherwise) or counterclaim, or withdraw 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 particular claim made therein to be struck out, as against all or any 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.

4

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by the Court in granting leave under rule 3, the fact that a party has discontinued an action or counterclaim or withdrawn a particular claim made by him therein shall not be a defence to a subsequent action for the same, or substantially the same, cause of action.

5

• (1) When a party has discontinued an action or counterclaim or withdrawn any particular claim made by him therein and he is liable to pay any other party’s costs of the action or counterclaim or the costs occasioned to any other party by the claim withdrawn, then if, before payment of those costs, he subsequently brings an action for the same, or substantially the same, cause of action to be stayed until those costs are paid.

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

6

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

1

• (1) ¹⁸⁴ In any action for debt or damages any defendant may without leave at any time after he has entered an appearance in the action—

• (a) before the closing of pleadings, or

• (b) if he has complied with [¹⁸⁵ Order 25 rule 186 6], not later than 14 weeks from the close of pleadings or within 4 weeks of disclosure by the plaintiff of the evidence which it is his duty to disclose under [¹⁸⁵ Order 25 rule 186 7], whichever is the later,

or with leave or on consent at any later time 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 payment already made, the defendant must give notice thereof in Form No. 20 in Appendix A to the plaintiff and every other defendant (if any) and within 3 days after receiving the notice the plaintiff must send the defendant a written acknowledgement of its receipt.

• (2A) ¹⁸⁷ Where a payment into Court is made which would following acceptance by a plaintiff be a compensation payment as defined in Article 3 of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997¹⁸⁸ (in this Order referred to as “the 1997 Order”), the defendant must state in the notice he gives under paragraph (2) the gross amount of the compensation, the name and amount of any benefit by which the gross amount is reduced in accordance with Article 10 of and Schedule 2 to the 1997 Order and the net sum paid into Court, and a copy of the notice must at the same time be lodged in the appropriate office.

• (3) A defendant may, without leave, before the close of pleadings and thereafter with leave, give notice of an increase in a payment made under this rule but, subject to that and without prejudice 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 of causes of action in respect of which the payment is made, and

• (b) where the defendant makes separate payments in respect of each, or any two or more, of those causes of action, must specify the sum paid in respect of that cause or, as the case may be, 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 Accidents (Northern Ireland) Order 1977¹⁸⁹ and a cause of action under the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937¹⁹⁰ are joined in an action, with or without any other cause of action, the causes of action under the said Order and the said Act shall, for the purpose of paragraph (5), be treated as one cause of action.

• (7) ¹⁹¹ For the purpose of this rule, the plaintiff’s cause of action in respect of a debt or damages shall be construed as a cause of action in respect, also, of such interest as might be included in the judgment, whether under section 33A of the Act or otherwise, if judgment were given at the date of the payment into court.].

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.

Acceptance of money paid into court

3

• (1) Where money is paid into a court under rule 1 then, within 21 days after receipt of the notice of payment or, where more than one payment has been made or the notice has been amended, within 21 days after the 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 action, 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 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 21 in Appendix A to every defendant to the action.

• (2) On the plaintiff’s accepting any money paid into court all further proceedings 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 him or in the alternative to him, shall be stayed.

• (3) Where money is paid into court by a defendant who made a counterclaim and the notice of payment stated, in relation to any sum so 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’s accepting that sum, all further proceedings on the counterclaim or in respect of the specified cause or causes of action, as the case may be, against the plaintiff shall be stayed.

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

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,

• (c) in an action to which Order 80 rule 10 applies, or,

• (d) in satisfaction of either of causes of action arising under the Fatal Accidents (Northern Ireland) Order 1977 and Part III of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937, or a cause of action arising under the said Order 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 the other defendants and those defendants consent in writing to the payment 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(2), then, notwithstanding anything in paragraph (2), the money shall not be paid out except in pursuance of an order of the Court, and the order shall deal with the whole costs of the action.

Money remaining in court

5

If any money paid into court in an action is not accepted in accordance 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.

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 (3)), 4 and 5 shall apply accordingly with the necessary modifications.

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(2) 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 the debt or damages have been decided,

Money paid into court under order

8

• (1) Subject to paragraph (2), money paid into court under an order of the Court 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 pleadings 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 apply accordingly.

Person to whom payment to be made

9

• (1) Where the party entitled to money in court is a person in respect of whom a certificate is or has been in force entitling him to legal aid under [¹⁹² Part II of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981¹⁹³], payment shall be made only to that party’s solicitor (or, if he is no longer represented by a solicitor, then, if the Court so orders, to the [¹⁹⁴ ...] Law Society of Northern Ireland), 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 solicitor.

• (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 a master.

Payment out: small intestate estates

10

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 administration of his estate has been made and that the assets of his estate [¹⁹⁵, including the fund or share, do not exceed in value the amount specified in any order for the time being in force under section 6 of the Administration of Estates (Small Payments) Act (Northern Ireland) 1967¹⁹⁶, it may order that the fund or share shall be paid, transferred or delivered to the person who, being a widower, widow, [¹⁹⁷ surviving civil partner,] child, father, mother, brother or sister of the deceased, would have the prior right to a grant of administration of the estate of the deceased.

Payment of hospital expenses

11

• (1) This rule applies in relation to an action or counterclaim for bodily injury arising out of the use of a motor vehicle on a road or in a place to which the public have a right of access in which the claim for damages includes a sum for hospital expenses.

• (2) Where the party against whom the claim is made, or an authorised insurer within the meaning of Part V of the Road Traffic Act (Northern Ireland) 1970¹⁹⁸ pays the amount for which that party or insurer, as the case may be, is or may be liable under section 84 of that Act in respect of the treatment afforded by a hospital to the person in respect of whom the claim is made, the party against whom the claim is made must, within 7 days after the claim is made, give notice of the payment to all the other parties to the action.

Investment of money in court

12

Cash under the control or of subject to the order of the Court may be invested in any manner specified in [¹⁹⁹ Part I and] paragraphs 1 to 10 and 12 of Part II of Schedule 1 to the Trustee Investments Act 1961²⁰⁰ as [²⁰¹ supplemented by the provisions of] Part IV of that Schedule.

1

• (1) Where, on the application of a defendant to an action or other proceeding in the High Court, it appears to the Court—

• (a) [²⁰² subject to paragraph 4,] that the plaintiff is ordinarily resident out of the jurisdiction, 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, [²⁰³ or

• (e) that the plaintiff is a company or other body (whether incorporated inside or outside Northern Ireland) and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so,]

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 proceeding 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 misstatement thereof was made innocently and without intention to deceive.

• (3) The references in this rule 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.

• (4) The Court shall not require a plaintiff to give security by reason only of paragraph 1(a) in an application for enforcement to which the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague applies.

[E.r. 1]

2

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

3

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

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 question in the action.

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

Discovery by parties without order

2

• (1) Subject to the provisions of this rule and of rule 4, the parties to an action between whom pleadings are closed must make discovery by exchanging lists of documents and, accordingly, each party must, within 14 days after the pleadings in the action are deemed to be closed as between him and any other party, make and serve on that party a list of the documents which are or have been in his possession, 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, including proceedings under that Order involving fourth or subsequent parties.

• (2) Unless the Court otherwise orders, in any action where liability is admitted or where the action arises out of an accident on land due to a collision or apprehended collision involving a vehicle discovery shall be limited to disclosure of any documents relating to special damage.

• (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 enactment to make discovery of any documents.

• (4) Paragraphs (2) and (3) shall apply in relation to a counterclaim as they apply in relation to an action.

• (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 action, 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 and so far as it is of the 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 within one month after the pleadings in the action are deemed to be closed, serve on the party required to make such discovery a notice requiring him to make an affidavit verifying the list which he has made under paragraph (1), and the party on whom such a notice is served must, within 14 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.

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 matter, 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 to make discovery of documents fails to comply with any provision of that rule, the Court, on the application of any party to whom the discovery was required to be made, may make an order against the first-mentioned party under paragraph (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 under 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.

Order for determination of issue, etc., before discovery

4

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.

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. 22 in Appendix A, and must enumerate the documents in a convenient order and as shortly as possible 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. 23 in Appendix A.

Defendant entitled to copy a 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 verifying a list of documents.

Order for discovery of particular documents

7

• (1) Subject to rule 9, the Court may at any time, on the application 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 is 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 notwithstanding that he may already have made or been required to make a list of documents or affidavits under rule 2 or rule 3.

• (3) An application for an order under this rule must be supported 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 as described in the application and that it relates to one or more of the matters in question in the cause or matter.

Application under sections 31 or 32(1) of the Administration of Justice Act 1970

8

• (1) An application for an order under section 31 of the Administration of Justice Act 1970 for the disclosure of documents before the commencement of proceedings shall be made by originating summons and the person against whom the order is sought shall be made defendant to the summons.

• (2) An application after the commencement of proceedings for an order under 32(1) of the said Act for the disclosure of documents by a person who is not a party to the proceedings shall be made by summons in Form No. 28A in Appendix A, which must be served on that person and on every party to the proceedings other than the applicant.

• (3) A summons under paragraph (1) or (2) shall be supported by an affidavit which must—

• (a) in the case of a summons under paragraph (1) state the grounds on which it is alleged that the applicant and the person against whom the order is sought are likely to be parties to subsequent proceedings in the High Court in which a claim for personal injuries is likely to be made;

• (b) in any case, specify or describe the documents in respect of which the order is sought and show, if practicable by reference to any pleading served or intended to be served in the proceedings, that the documents are relevant to an issue arising or likely to arise out of a claim for personal injuries made or likely to be made in the proceedings and that the person against whom the order is sought is likely to have or have had them in his possession, custody or power.

• (4) A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served.

• (5) An order under the said section 31 or 32(1) for the disclosure of documents may be made conditional on the applicant’s giving security for the costs of the person against whom it is made or on such other terms, if any, as the Court thinks just, and shall require the person against whom the order is made to make an affidavit stating whether any documents specified or described in the order are, or at any time have been, in his possession, custody or power and, if not then in his possession, custody or power, when he parted with them and what has become to them.

• (6) No person shall be compelled by virtue of such an order to produce any documents which he could not be compelled to produce—

• (a) in the case of a summons under paragraph (1), if the subsequent proceedings has already been begun, or

• (b) in the case of a summons under paragraph (2), if he had been served with a writ of subpoena duces tecum to produce the documents at the trial.

• (7) In this rule “a claim for personal injuries” means a claim in respect of personal injuries to a person or in respect of a person’s death.

• (8) For the purposes of rules 11 and 12 an application for an order under the said section 31 or 32(1) shall be treated as a cause or matter between the applicant and the person against whom the order is sought.

Discovery to be ordered only if necessary

9

On the hearing of an application for an order under rule 3, 7 or 8 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 order if and so far as it is of the opinion that discovery is not necessary either for disposing fairly of the cause or matter or for saving costs.

Inspection of documents referred to in list

10

A party who has served a list of documents on any other party, whether in compliance with rule 2 or 6 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 7 days after the service thereof at which the said documents may be inspected at a place specified in the notice.

Inspection of documents referred to in pleadings and affidavits

11

• (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 reference 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 4 days after service of the notice, serve on the party giving the notice a notice stating a time within 7 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.

Order for production for inspection

12

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

• (a) fails to serve a notice under rule 10 or, as the case may be, rule 11(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 inspection then or, as the case may be, there, then, subject to rule 15(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 15(1), the Court may, on the application of any party to a cause or matter, order any other party to permit the party applying to inspect any documents 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 to the other party and they relate to a matter in question in the cause or matter.

Provision of copies of documents

13

• (1) Any party who is entitled to inspect any documents under any provision of this Order or any order made thereunder may at or before the time when inspection takes place serve on the party who is required to produce such documents for inspection a notice (which shall contain an undertaking to pay the reasonable charges) requiring him to supply a true copy of any such document as is capable of being copied by photographic or similar process.

• (2) The party on whom such a notice is served must within 7 days after receipt thereof supply the copy requested together with an account of the reasonable charges.

• (3) Where a party fails to supply another party a copy of any document under paragraph (2), the court may, on the application of either party, make such order as to the supply of that document as it thinks fit.

Order for production to Court

14

At any stage of the proceedings in any cause or matter the Court may, subject to rule 15(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 document when produced in such manner as it thinks fit.

Production to be ordered only if necessary, etc.

15

• (1) No order for the production of any documents for inspection or to the court or for the supply of a copy of any document 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 or for the supply of a copy of any document privilege from such production or supply is claimed or objection is made to such production or supply on any other ground, the Court may inspect the document for the purpose of deciding whether the claim or objection is valid.

Production or business books

16

• (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.

Use of documents

17

Any undertaking, whether express or implied, not to use a document for any purposes other than those of the proceedings in which it is disclosed shall cease to apply to such document after it has been read to or by the Court, or referred to, in open Court, unless the Court for special reasons has otherwise ordered on the application of a party or of the person to whom the document belongs.

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

18

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

Failure to comply with requirement for discovery, etc.

19

• (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 purpose or to supply copies thereof 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 comply with any such provision, to rules 3(2) and 12(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, an order that the defence be struck out and judgment be entered accordingly.

• (2) If any party against whom an order for discovery or production 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 solicitor of an order for discovery or production of documents made against that party shall be sufficient 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 knowledge of the order.

• (4) A solicitor 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.

Revocation and variation of orders

20

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.]

I. PRELIMINARY

Application and interpretation

1

• (1) This Part of this Order applies to all actions in respect of personal injury or death.

• (2) For the purposes of this Order—

• “medical evidence” means—the evidence contained in any medical report or other accompanying or supplemental document as specified in rule 10 and includes surgical and radiological evidence and any ancillary expert or technical evidence; andany other evidence of a medical, surgical or radiological nature which a party proposes to adduce at the trial by means of oral testimony,and the expressions “medical expert” and “medical examination” shall be construed accordingly; and

• “clinical negligence” means negligence in connection with the diagnosis of any illness, or the care or treatment of any patient, in consequence of any act or omission to act by a person employed or engaged for such purposes.

Restrictions on medical evidence

2

No party shall, except with the leave of the Court or on consent, adduce medical evidence at the trial the contents of which he has not disclosed to the other parties in accordance with rules 7, 8 or 13.

Failure to comply with rules

3

Where any party fails to comply with any of the provisions of this order, the Court may stay the action or strike out that party’s defence, as the case may be, or make such order as the Court considers appropriate.

II. GENERAL RULES

Application

4

This Part of this Order applies to all actions for damages in respect of personal injury or death except actions grounded on an allegation of clinical negligence.

Medical report to be served with statement of claim

5

The plaintiff shall serve with his statement of claim medical evidence substantiating all the personal injuries alleged in the statement of claim.

Medical examination of another party: disclosure of report

6

Any party who has been afforded medical examination of another party shall disclose to that other party any medical evidence resulting from such examination—

• (a) insofar as he then has in his possession or power a report or reports of such examination not later than 10 weeks from the close of the pleadings; and

• (b) insofar as he thereafter obtains any such report before the date of the trial, within 21 days of receiving it and in any case before the first day of the trial.

Disclosure of medical evidence

7

Subject to rule 5, where a party proposes to adduce at the trial medical evidence obtained from any medical expert, he shall disclose all relevant medical evidence obtained at any time from that medical expert to the relevant party or parties—

• (a) insofar as he then has in his possession or power that evidence, not later than 10 weeks from the close of the pleadings; and

• (b) insofar as he thereafter obtains any such evidence before the date of the trial, within 21 days of receiving it and in any case before the first day of the trial.

Evidence received during the trial

8

Where a party obtains on or after the first day of the trial any report of evidence of the kind mentioned in rule 5 or 6, he shall disclose that report or evidence to the relevant party or parties immediately.

Party to furnish name and address of doctor, etc.

9

Any party to an action shall furnish to any other party on demand the name and address of any medical practitioner or the name of any hospital from whom or at which he received any medical or surgical treatment material to the action.

Mode of disclosure

10

• (1) A party serving or disclosing medical evidence under this Part of this Order shall do so by furnishing copies of any relevant medical report or reports, together with any documents emanating from the maker of the report which are intended by him to accompany or supplement any such report, or a document or documents containing a sufficient record of any such evidence as is referred to in the definition of medical evidence in rule 1(2). All such reports or other documents shall be signed and dated by the relevant medical expert and shall specify his professional qualifications.

• (2) On the ex parte application of any party bound to serve or disclose any medical report under this Order, the Court may give him leave—

• (i) to adduce at the trial the evidence contained in any report without serving or disclosing the report; or

• (ii) to omit or amend any part of any report when serving or disclosing the report.

Variation between evidence disclosed and evidence at trial.

11

Where a party’s medical evidence at the trial varies from the evidence which that party has disclosed to another party, the Court may on the application of any party adjourn the trial or make any such order, on such terms as to costs and otherwise, as the Court considers appropriate.

III. CLINICAL NEGLIGENCE ACTIONS

Application

12

This Part of this Order applies to actions for damages in respect of personal injury which are grounded on an allegation of clinical negligence.

Disclosure of medical evidence on the issue of liability

13

• (1) Where more than one party to such an action proposes to adduce at the trial medical evidence obtained from any medical expert on the issue of liability, each party shall—

• (i) insofar as they then have in their possession or power that evidence, disclose it to the other party or parties simultaneously not later than 20 weeks from the close of the pleadings or such other period as the Court may direct; and

• (ii) insofar as any party thereafter obtains any such evidence before the date of the trial, disclose it to the other party or parties within 21 days of receiving it and in any case before the first day of the trial.

• (2) Nothing in paragraph (1) shall be interpreted as imposing an obligation on any party to disclose evidence obtained from any medical expert on liability except where the party or parties to whom disclosure is to be made is also relying on such evidence and simultaneous exchange is to take place.

Disclosure of medical evidence on the issue of damages

14

• (1) Where the plaintiff proposes to adduce at the trial medical evidence obtained from any medical expert for the purpose of assisting the Court in assessing damages, he shall—

• (i) insofar as he then has in his possession or power that evidence, disclose it to the other party or parties not later than 10 weeks from the close of the pleadings or such other period as the Court may direct; and

• (ii) insofar as he thereafter obtains any such evidence before the date of the trial, disclose it to the other party or parties within 21 days of receiving it and in any case before the first day of the trial.

• (2) Where the defendant or any other party proposes to adduce at the trial medical evidence obtained from any medical expert for the purpose of assisting the Court in assessing damages, he shall—

• (i) insofar as he then has in his possession or power that evidence, disclose it to the plaintiff and any other party or parties not later than 20 weeks from the close of the pleadings or such other period as the Court may direct; and

• (ii) insofar as he thereafter obtains any such evidence before the date of trial, disclose it to the plaintiff and any other party or parties within 21 days of receiving it and in any case before the first day of the trial.]

1

• (1) A party to any cause or matter may in accordance with the following provisions of this Order serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter which are necessary either—

• (a) for disposing fairly of the cause or matter, or

• (b) for saving costs.

• (2) Without prejudice to the provisions of paragraph (1), a party may apply to the Court for an order giving him leave to serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter.

• (3) A proposed interrogatory which does not relate to such a matter as is mentioned in paragraph (1) may not be administered notwithstanding that it might be admissible in oral cross-examination of a witness.

• (4) In this Order,

• “interrogatories without order” means interrogatories served under paragraph (1);

• “ordered interrogatories” means interrogatories served under paragraph (2) or interrogatories which are required to be answered pursuant to an order made on an application under rule 3(2) and, where such an order is made, the interrogatories shall not, unless the Court orders otherwise, be treated as interrogatories without order for the purposes of rule 3(1).

• (5) Unless the context otherwise requires, the provisions of this Order apply to both interrogatories without order and ordered interrogatories.

Form and nature of interrogatories

2

• (1) Where interrogatories are served, a note at the end of the interrogatories shall specify—

• (a) a period of time (not being less than 28 days from the date of service) within which the interrogatories are to be answered;

• (b) where the party to be interrogated is a body corporate or unincorporate 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 officer or member on whom the interrogatories are to be served; and

• (c) where the interrogatories are to be served on two or more parties or are required to be answered by an agent or servant or a party, which of the interrogatories each party or, as the case may be, an agent or servant is required to answer, and which agent or servant.

• (2) Subject to rule 5(1), a party on whom interrogatories are served shall, unless the Court otherwise on an application under rule 3(2), be required to give within the period specified under rule 2(1)(a) answers, which shall (unless the Court directs otherwise) be on affidavit.

Interrogatories without order

3

• (1) Interrogatories without order may be served on a party not more than twice.

• (2) A party on whom interrogatories without order are served may, within 14 days of the service of the interrogatories, apply to the Court for the interrogatories to be varied or withdrawn and, on any such application, the Court may make such order as it thinks fit (including an order that the party who served the interrogatories shall not serve further interrogatories without order).

• (3) Interrogatories without order shall not be served on the Crown.

Ordered interrogatories

4

• (1) Where an application is made for leave to serve interrogatories, a copy of the proposed interrogatories shall be served with the summons by which the application is made.

• (2) In deciding whether to give leave to serve interrogatories, the Court shall take into account any offer made by the party to be interrogated to give particulars, make admissions or produce documents relating to any matter in question and whether or not interrogatories without order have been administered.

Objections and insufficient answers

5

• (1) Without prejudice to rule 3(2), where a person objects to answering any interrogatory on the ground of privilege he may take the objection in his answer.

• (2) Where any person on whom ordered interrogatories have been served answers any of them insufficiently, the Court may make an order requiring him to make a further answer, either by affidavit or an oral examination as the Court may direct.

• (3) Where any person on whom interrogatories without order have been served answers any of them insufficiently, the party serving the interrogatories may ask for further and better particulars of the answer given and any such request shall not be treated as service of further interrogatories for the purposes of rule 3(1).

6

• (1) If a party fails to answer interrogatories or to comply with an order made under rule 5(2) or a request made under rule 5(3), the court may make such an 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) Without prejudice to paragraph (1), where a party fails to answer ordered interrogatories or to comply with an order made under rule 5(2), he shall be liable to committal.

• (3) Service on a party’s solicitor of an order to answer interrogatories 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 knowledge of the order.

• (4) A solicitor on whom an order to answer interrogatories made against his client is served and who fails without reasonable excuse to give notice thereof to his client shall be liable to committal.]

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.

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 matter was made.

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 whole or any part of the case of any other party.

Notice to admit [ . . .]

2

• (1) A party to a cause or matter may not later than 21 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, [²⁰⁸ such facts or such part of his case, as may be] 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.

Judgment on admission [ . . .]

3

Where admissions of fact [²¹⁰ or of part of a case] 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 determination 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.

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 who receives or who is served with a list of documents in pursuance of any provision 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 21 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 who reiceves or who is served with the list serves on the party whose list it is a notice 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 requiring 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 5, as they apply in relation to a list of documents served in pursuance of any provision of that Order.

5

• (1) Except where rule 4(1) applies, a party to a cause or matter may within 21 days after the cause or matter is set down for trial serve on any other party a notice requiring him to admit the authenticity 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 21 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 accordance with paragraph (2) in relation to any document shall be deemed to have admitted the authenticity of that document unless the Court otherwise 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 documents specified in the notice at the trial of the cause or matter.

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 statutory provision; and subject as aforesaid, Order 32 rule [²¹¹ 7] shall apply in relation to originating summonses as it applies in relation to other summonses.

[Affidavit evidence

1A

• (1) In any cause or matter begun by originating summons (not being an ex parte summons) the plaintiff must, before the expiration of 14 days after the defendant has entered an appearance, or, if there are two or more defendants, at least one of them has entered an appearance, file in the appropriate office affidavit evidence on which he intends to rely.

• (2) In the case of an ex parte originating summons the applicant must file his affidavit evidence not less than 4 clear days before the day fixed for the hearing.

• (3) Copies of the affidavit evidence filed under paragraph (1) must be served by the plaintiff on the defendant, or, if there are two or more defendants, on each defendant, before the expiration of 14 days after appearance has been entered by that defendant.

• (4) Where a defendant who has entered an appearance wishes to adduce affidavit evidence he must within 28 days after service on him of copies of the plaintiff’s affidavit evidence under paragraph (3) file his own affidavit evidence in the appropriate office and serve copies thereof on the plaintiff and on any other defendant who is affected thereby.

• (5) A plaintiff on whom a copy of a defendant’s affidavit evidence has been served under paragraph (4) may within 14 days of such service file further affidavit evidence in reply and shall in that event serve copies thereof on that defendant.

• (6) No other affidavit shall be received in evidence without the leave of the Court.

• (7) Where an affidavit is required to be served by one party on another party it shall be served without prior charge.

• (8) The provisions of this rule apply subject to any direction by the Court to the contrary.

• (9) In this rule references to affidavits and copies of affidavits include references to exhibits and copies of such exhibits.]

Fixing times for attendance of parties before Court

2

• (1) [²¹³ In the case of an originating summons which is in Form No. 6 in Appendix A the plaintiff must, within one month of the expiry of the time within which copies of affidavit evidence may be served under rule 1A,] obtain an appointment for the attendance of the parties before the Court for the hearing of the summons, and a day and time for their attendance shall be fixed by a notice (in Form No. 10 in Appendix A) sealed by an officer of the appropriate office.

• (2) A day and time for attendance of the parties before the Court for the hearing of an originating summons [²¹⁴ which is in Form No. 7 in Appendix A] 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[²¹⁴, and the time limits for lodging affidavits under rule 1A(2) and (3) shall where appropriate be abridged so as to expire, respectively, on the fifth day before, and the next day before, the day so fixed].

• (3) Where, in respect of an originating summons [²¹⁴ which is in Form No. 7 in Appendix A] an application for a day to be fixed under paragraph (2) is not made until after the originating summons has been issued, a day and time for the attendance of the parties before the Court for the hearing of the summons shall be fixed by a notice issued in accordance with the provisions of paragraph (1).

• (4) 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.

[Notice of hearing]

3

• (1) Not less than [²¹⁶ 14] days before the day fixed under rule 2 for the attendance of the parties before the Court for the hearing of an originating summons [²¹⁴ which is in Form No. 6 in Appendix A], the party on whose application the day was fixed must serve a copy of the notice fixing it on every other party. [²¹⁷ ...]

• (2) Not less than 4 clear days before the day fixed under rule 2 for the hearing of an originating summons [²¹⁴ which is in Form No. 7 in Appendix A], the plaintiff must serve the summons on every defendant and, where the day for the hearing is fixed after the summons is issued, a copy of the notice fixing it.

• (3) ²¹⁸ Where notice in Form 10 in Appendix A is served in accordance with paragraph (1), such notice shall specify what orders or directions the party serving the notice intends to seek at the hearing; and any party served with such notice who wishes to seek different orders or directions must, not less than 7 days before the hearing, serve on every other party a notice specifying the other orders and directions he intends to seek.

• (4) If the hearing of an originating summons which is in Form No. 6 or Form No. 7 in Appendix A is adjourned and any party to the proceedings desires to apply at the resumed hearing for any order or direction not previously asked for he must, not less than 7 days before the resumed hearing of the summons, serve on every other party a notice specifying those orders and directions.

• (5) Where a party is required by any provision of this rule or rule 5(2) to serve a notice or a copy of a notice on “every other party” he must—

• (a) where he is the plaintiff, serve it on every defendant who has entered an appearance to the originating summons; and

• (b) where he is a defendant, serve it on the plaintiff and on every other defendant affected thereby.]

Directions, etc., by 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 subsequent order of the Court on such terms as it thinks just.

• (2) ²¹⁹ In any case where the Court does not dispose of any originating summons altogether at a hearing or orders the cause or matter begun by it to be remitted to a county court, 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 disposal 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 summons 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.

[E.r. 4]

• (5) ²²⁰ The Court may at any stage of the proceedings order that any affidavit or any particulars of any claim, defence or other matter stated in any affidavit, shall stand as pleadings.]

Adjournment of summons

5

• (1) The hearing of the summons by the Court may (if necessary) 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) ²²¹ If the hearing of the summons is adjourned generally, any party may restore it to the list on 7 days’ notice to every other party, and rule 3(4) shall apply in relation to any such adjourned hearing.]

Applications 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 require to be satisfied in such a manner as it thinks fit that the party is in default of appearance.

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 summons by the Court but, in any case, at as early a stage in the proceedings 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.

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 by 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, order that any affidavit shall stand as pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof.

• (2) This rule applies notwithstanding that the cause or matter in question could not have been begun by writ.

• (3) 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.

Order for hearing or trial

9

• (1) Except where the Court disposes of a cause or matter begun by originating summons in chambers or orders it to be remitted to a county court in accordance with the provisions of section 31 of the Act 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 [²²² such order as to the hearing of the cause or matter as may be appropriate].

[²²³ . . .]

• (3) The Court shall by order determine the 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 7, shall apply in relation to a cause or matter in the Queen’s bench Division begun by originating summons and to an order made therein under this rule as they apply in relation to an action in that Division begun by writ and to an order made therein under the said rule 4 and shall have effect accordingly with the necessary modification.

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, proceedings 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 provisions of this rule shall not apply in relation to the cause or matter after the making of the order.

Abatement, etc., of action

11

Order 34, rule 8 shall apply in relation to an action begun by originating summons as it applies in relation to an action begun by writ.

I. INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, ETC.

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.

[Application for injunction to restrain presentation of winding-up petition

1A

• (1) An application for the grant of an injunction to restrain the presentation of a petition to wind up a company shall, subject to paragraph (2), be made by originating motion.

• (2) Where the case is one of urgency, the application may be made ex parte on affidavit, and in that case the injunction applied for may be granted on terms providing for the issue of the originating motion and such other terms, if any as the court thinks fit.]

Detention, preservation, etc., of subject-matter of cause or matter

2