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

• (1) On the application of any party to a cause or matter the Court may make an order for the detention 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 secured.

• (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.

• (6) Unless the Court otherwise directs, an application by a defendant for such an order may not be made before he enters an appearance.

Delivery up of goods under s.4 of Torts (Interference with Goods) Act 1977

3

• (1) Without prejudice to rule 2, the Court may, on the application of any party to a cause or matter, make an order under section 4 of the Torts (Interference with Goods) Act 1977²²⁵ for the delivery up of any goods which are the subject of the cause or matter or as to which any question may arise therein.

• (2) Paragraphs (2) and (3) of rule 1 shall have effect in relation to an application for such an order as they have effect in relation to an application for the grant of an injunction.

Power to order samples to be taken, etc.

4

• (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 observation to be made on such property or any experiment to be tried on or with such property.

• (2) For the purposes 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) 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.

Sale of perishable property etc.

5

• (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 property (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 good reason it is desirable to sell forthwith.

In this paragraph land includes any interest in, or right over, land.

• (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.

Order for early trial

6

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, 4 or 5 it appears to the Court that the matter in dispute 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.

Recovery of personal property subject to lien, etc.

7

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 of any sum of money, the Court, at any time after the claim to he 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.

Directions

8

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.

Inspection, etc., of property under section 21 of Administration of Justice Act 1969 or section 32(2) of Administration of Justice Act 1970

9

• (1) An application for an order under section 21(1) of the Administration of Justice Act 1969²²⁶ in respect of property which may become the subject-matter of subsequent proceedings in the High Court or as to which any question may arise in any such 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 section 32(2) of the Administration of Justice Act 1970²²⁷ in respect of property which is not the property of or in the possession of any party to the proceedings shall be made by summons, which must be served on the person against whom the order is sought personally and on every party to the proceedings other than the applicant.

• (3) A summons under paragraph (1) or (2) shall be supported by affidavit which must specify or describe the property 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 or subsequent proceedings, that it is property which is or may become the subject-matter of the proceedings or as to which any question arises or may arise in the proceedings.

• (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 made under the said section 21 or 32(2) 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.

• (6) No such order shall be made if it appears to the Court—

• (a) that compliance with the order, if made, would result in the disclosure of information relating to a secret process, discovery or invention not in issue in the proceedings, and

• (b) that the application would have been refused on that ground if—

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

• (ii) in the case of a summons under paragraph (2), the person against whom the order is sought were a party to the procedings

Allowance of income of property pendente lite

10

Where any real or personal property forms the subject-matter of any proceedings, and the Court is satisfied that it will be more than sufficient 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 delivered to any or all of such parties.

The European Intellectual Property Directive

10A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ II INTERIM PAYMENTS

Interpretation of Part II

11

In this part of this Order—

• “interim payment”, in relation to a defendant, means a payment on account of any damages, debt or other sum (excluding costs) which he may be held liable to pay to or for the benefit of the plaintiff; and any reference to the plaintiff or defendant includes a reference to any person who, for the purpose of the proceedings, acts as next friend of the plaintiff or guardian of the defendant.

Application for interim payment

12

• (1) The plaintiff may, at any time after the writ has been served on a defendant and the time limited for him to enter an appearance has expired, apply to the Court for an order requiring that defendant to make an interim payment.

• (2) An application under this rule shall be made by summons but may be included in a summons for summary judgement under Order 14 or Order 86.

• (3) An application under this rule shall be supported by by an affidavit which shall—

• (a) verify the amount of the damages, debt or other sum to which the application relates and the grounds of the application;

• (b) exhibit any documentary evidence relied on by the plaintiff in support of the application; and

• (c) if the plaintiff’s claim is made under the Fatal Accidents (Northern Ireland) Order 1977²²⁹, contain the particulars mentioned in Article 4(4) of that Order.

• (4) The summons and a copy of the affidavit in support of any documents exhibited thereto shall be served on the defendant against whom the order is sought not less than 10 clear days before the return day.

• (5) Notwithstanding the making or refusal of an order for an interim payment, a second or subsequent application may be made upon cause shown.

Order for interim payment in respect of damages

13

• (1) ²³⁰ If, on the hearing of an application under rule 12 in an action for damages, the Court is satisfied—

• (a) that the defendant against whom the order is sought (in this paragraph referred to as “the respondent”) has admitted liability for the plaintiff’s damages; or

• (b) that the plaintiff has obtained judgment against the respondent for damages to be assessed; or

• (c) that, if the action proceeded to trial, the plaintiff would obtain judgment for substantial damages against the respondent; or

• (d) that, in an action in which there are two or more defendants and the order is sought against any one or more of them, if the action proceeded to trial, the plaintiff would obtain judgment for substantial damages against at least one of the defendants (but the Court cannot determine which),

the Court may if it thinks fit, subject to paragraphs (2) and (3), order the respondent, or any one or more of the respondents as the case may be, to make an interim payment of such amount as it thinks just, not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff after taking into account any relevant contributory negligence and any set-off, cross-claim or counterclaim on which the respondent may be entitled to rely.]

• (2) [(b) Where an application falls within paragraphs (1)(a)–(c)] no order shall be made under paragraph (1) in an action for personal injuries if it appears to the Court that the defendant is not a person falling within one of the following categories, namely—

• (a) a person who is insured in respect of the plaintiffs claim;

• (b) a public authority; or

• (c) a person whose means and resources are such as to enable him to make the interim payment.

• (3) ²³¹ Where an application falls within paragraph 1(d), no order shall be made under paragraph (1) unless the Court is satisfied that each of the defendants is a person falling within one of the following categories, namely—

• (a) a person who is insured in respect of the plaintiff’s claim or whose liability will be met by an insurer under Article 98 of the Road Traffic (Northern Ireland) Order 1981;

• (b) a person whose liability will be met by the Motor Insurers’ Bureau, a company limited by guarantee and incorporated under the Companies Act 1929, or an insurer acting on its behalf; or

• (c) a public authority.]

Order for interim payment in respect of sums other than damages

14

If, on the hearing of an application under rule 12, the Court is satisfied—

• (a) that the plaintiff has obtained an order for an account to be taken as between himself and the defendant and for any amount certified due on taking the account to be paid; or

• (b) that the plaintiffs action includes a claim for possession of land and, if the action proceeded to trial, the defendant would be held liable to pay to the plaintiff a sum of money in respect of the defendant’s use and occupation of the land during the pendency of the action, even if a final judgment or order were given or made in favour of the defendant; or

• (c) that, if the action proceeded to trial the plaintiff would obtain judgment against the defendant for a substantial sum of money apart from any damages or costs,

the Court may, if he thinks fit, and without prejudice to any contentions of the parties as to the nature or character of the sum to be paid by the defendant, order the defendant to make an interim payment of such amount as it thinks just, after taking into account any set-off, cross-claim or counterclaim on which the defendant may be entitled to rely.

Manner of payment

15

• (1) Subject to Order 80 rule 10, the amount of any interim payment ordered to be made shall be made to the plaintiff unless the order provides for it to be paid into court, and where the amount is paid into court, the Court may, on the application of the plaintiff, order the whole or any part of it to be paid out to him at such time or times as the Court thinks fit.

• (2) An application under the preceding paragraph for money in court to be paid out may be made ex parte, but the Court hearing the application may direct a summons to be issued.

• (3) An interim payment may be ordered to be made in one sum or by such instalments as the Court thinks fit.

• (4) Where a payment is ordered in respect of the defendant’s use and occupation of land the order may provide for periodical payments to be made during the pendency of the action.

Directions on application under rule 12

16

Where an application is made under rule 12, the Court may give directions as to the future conduct of the action, and, in particular, the Court may order an early trial of the action.

Non-disclosure of interim payment

17

The fact that an order has been made under rule 13 or 14 shall not be pleaded and, unless the defendant consents or the Court so directs, no communication of that fact or the fact that an interim payment has been made, whether voluntarily or pursuant to an order, shall be made to the court at the trial, or hearing, of any question or issue as to liability or damages until all questions of liability and amount have been determined.

Payment into court in satisfaction

18

Where, after making an interim payment, whether voluntarily or pursuant to an order, a defendant pays a sum of money into Court under Order 22, rule 1, the notice of payment must state that the defendant has taken into account the interim payment.

Adjustment on final judgment or order or on discontinuance

19

Where a defendant has been ordered to make an interim payment or has in fact made an interim payment, whether voluntarily or pursuant to an order, the Court may, in giving or making a final judgment or order, or granting the plaintiff leave to discontinue his action or to withdraw the claim in respect of which the interim payment has been made, or at any other stage of the proceedings on the application of any party, make such order with respect to the interim payment as may be just, and in particular—

• (a) an order for the repayment by the plaintiff of all or part of the interim payment, or

• (b) an order for the payment to be varied or discharged, or

• (c) an order for the payment by any other defendant of any part of the interim payment which the defendant who made it is entitled to recover from him by way of contribution or indemnity or in respect of any remedy or relief relating to or connected with the plaintiff’s claim.

Counterclaims and other proceedings

20

The preceding rules in this Part of this Order shall apply, with the necessary modifications, to any counterclaim or proceeding commenced otherwise than by writ, where one party seeks an order for an interim payment to be made by another.

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 interest 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.

2

• (1) A judgment or order directing the appointment of a receiver may include such direction as the Court may think fit as to the giving of security by the person appointed.

• (2) Where by virtue of any judgment or order appointing a person named therein to be receiver a person is required 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.

• (4) The guarantee must be filed in the appropriate office and it shall be kept as of record until duly vacated.

3

A person appointed receiver shall be allowed such proper remuneration, if any, as may be authorised by the Court and the Court may direct that such remuneration shall be fixed by reference to such scales or rates of professional charges as it thinks fit.

Service of order and notice

4

A copy of the judgment or order appointing a receiver shall be served by the party having conduct of the proceedings on the receiver and all other parties to the cause or matter in which the receiver has been appointed.

Receiver’s accounts

5

• (1) A receiver shall submit such accounts to such parties at such intervals or on such dates as the Court may direct.

• (2) Any party to whom a receiver is required to submit accounts may, in giving reasonable notice to the receiver, inspect, either personally or by an agent, the books and other papers relating to such accounts.

• (3) Any party who is dissatisfied with the accounts of the receiver may give notice specifying the item or items to which objection is taken and requiring the receiver within not less than 14 days to lodge his accounts with the Court and a copy of such notice shall be lodged in the appropriate office.

• (4) Following an examination by or on behalf of the Court of an item or items in an account to which objection is taken the result of such examination must be certified by a master and an order may thereupon be made as to the incidence of any costs or expenses incurred.

Payment into court by receiver

6

The Court may fix the amounts and frequency of payments into court to be made by a receiver.

Default by receiver

7

• (1) Where a receiver fails to attend for the examination of his account or fails to submit any account, provide access to any books or papers, provide or do any other thing which he is required to provide or do, he and all of the parties in 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 payment of costs.

• (2) Without prejudice to paragraph (1), where a receiver fails to attend for the examination of any account of his or fails to submit any account or fails to pay into court on the date fixed by the Court any sum required to be so paid, the Court may disallow any remuneration claimed by the receiver and may, where he has failed to pay any such sum into court, charge him with interest at the rate currently payable in respect of judgment debts in the High Court on that sum while in his possession as receiver.

Directions to receiver

8

A receiver may at any time request the Court to give him directions and such request shall state in writing the matters with regard to which directions are required].

1

Where in any cause or matter in the Chancery Division 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.

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 [²³³ subsequently] 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.

[²³⁴ . . . .]

• (2) ²³⁵[²³⁶ The Court] may give such directions 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 conduct of the sale;

• (b) fixing the manner of sale, whether by contract conditional on the approval of the Court, private treaty, public auction, tender or some other manner;

• (c) fixing a reserve or minimum price;

• (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 remuneration to be allowed him;

• (h) requiring an abstract of the title to be referred to conveyancing counsel to the Court or some other conveyancing counsel for his opinion thereon and to settle the particulars and conditions 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 solicitor 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 solicitor, as the case may be.

• (2) The solicitor of the party or person having the conduct of the sale must file the certificate and affidavit (if any) [²³⁷ in] the Chancery Office.

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.

5

The Court may refer to the conveyancing counsel to the Court—

• (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 a draft of a conveyance, mortgage, settlement or other instrument, and

• (c) any other matter it thinks fit,

and may act upon this opinion in the matter referred.

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 dispute shall be determined by the judge either in chambers or in court as he thinks fit.

1

A judge of the High Court may exercise in chambers all or any part of the jurisdiction vested in the High Court in all such causes and matters and in all such proceedings in any causes or matters as may be directed or authorised by these Rules or by or in pursuance of any statutory provision to be heard in chambers.

2

An application must be made in chambers where—

• (a) these Rules or any statutory provision require the application to be made in chambers or by summons; or

• (b) the Court directs that the application be made in chambers; or

• (c) the application is interlocutory and is not required or authorised by these Rules to be made by motion, except an application for an injunction or an application made in court at the trial or hearing of a cause or matter.

3

• (1) Every application in chambers not made ex parte must be made by summons. A summons, other than an originating summons, shall be in Form No. 28 in Appendix A.

• (2) Any application made ex parte may be directed to be made by summons.

4

• (1) Issue of a summons by which an application in chambers is to be made takes place on its being sealed by an officer of the appropriate office.

• (2) A summons may not be amended after issue without the leave of the Court.

[²³⁸ . . .]

5

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 summons must be served on every other party not less than 2 clear days before the day so specified.

6

• (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 2 clear days’ notice to all the other parties on whom the summons was served.

7

• (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 proceeded in the absence 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 dismissed 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.

8

The Court may set aside an order made ex parte.

9

• (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 may be issued out of the appropriate office, if the party who desires the attendance of the witness produces a note from a judge or master authorising the issue of the writ.

• (2) Any master may give such a note or may direct that the application for it be made to the judge before whom the proceedings are to be heard.

10

An application to make an order of the House of Lords an order of the High Court may be made ex parte by affidavit to a master.

11

• (1) A master shall have power to transact all such business and exercise all such jurisdiction as may be transacted and exercised by a judge in chambers, except 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;

• (c) applications to review any taxation of costs;

• (d) applications under section 32 of the Act for leave to institute or continue legal proceedings;

• (e) applications for approval of transactions under the inherent jurisdiction of the court;

• (f) the granting of an injunction, except in the terms agreed by the parties to the proceedings in which the injunction is sought;

• (g) application to sanction a compromise, arrangement or transaction on behalf of a person under disability;

• (h) applications concerning charities;

• (i) applications under section 40 of the Trustee Act (Northern Ireland) 1958²³⁹ for the appointment of a trustee in substitution for an existing trustee without his consent;

• (j) applications to authorise transactions relating to trust property under section 56 of the Trustee Act (Northern Ireland) 1958;

• (k) applications to vary trusts under section 57 of the Trustee Act (Northern Ireland) 1958;

• (l) applications by trustees to be relieved from personal liability under section 61 of the Trustee Act (Northern Ireland) 1958;

• (m) applications under [²⁴⁰ Article 133(2) of the Mental Health (Northern Ireland) Order 1986²⁴¹] to bring proceedings against a person;

• (n) any other matter or proceeding which by any of these Rules or under any general or special directions of the Lord Chief Justice or, in the case of the Master (Chancery) or the Master (Bankruptcy), the Chancery Judge, is required to be heard only by a judge.

• (o) ²⁴² proceedings under section 7(1)(a) of the Human Rights Act 1998 in respect of a judicial act, as defined in section 9(5) of that Act;

• (p) proceedings in which there is an issue which may lead to the Court considering whether to make a declaration of incompatibility under section 4 of the Human Rights Act 1998.].

• (2) ²⁴³ The exception from the powers of a master to sanction a compromise, arrangement or transaction on behalf of a person under disability referred to in paragraph 1(g) shall not apply to the Master (Care and Protection) in the exercise of his powers in matters relating to patients].

• (3) ²⁴⁴ Where an originating summons raises for the determination of the Court a question as to the construction of a document or a question of law, nothing in paragraph (1) shall authorise a master to determine that question.

Reference of a matter to judge

12

• (1) A master 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, after or without hearing the parties, refer it back to the master, with such directions as he thinks fit.

• (2) A matter referred under this rule shall, in accordance with the directions of the judge, either be listed for hearing by the judge or restored to the master’s list.

[ Application for a direction under the Statute of Limitations

12A

The jurisdiction to direct, under section 9D of the Statute of Limitations (Northern Ireland) 1958, that section 9A or 9B of that Act should not apply to an action or to any specified cause of action to which the action relates shall be exerciseable by the Court.]

Power to direct hearing in court

13

• (1) The judge in chambers may direct that any summons, application 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.

Masters may summons parties, etc.

14

• (1) For the purpose of any proceedings before him, a master may—

• (a) issue a summons requiring any party to the proceedings to attend before him,

• (b) at the request of any such party, issue a summons requiring any person to attend him as a witness,

• (c) require the production of documents, and

• (d) examine any party or witness either orally or on interrogatories.

• (2) A summons under paragraph (1)(2bl) must be served personally on the person against whom it is issued.

• (3) If a person refuses or fails to obey a summons duly served on him under this rule the master may make an order requiring that person to attend before him.

Obtaining assistance of experts

15

If the Court thinks it is expedient in order to enable it better to determine 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.

Adjournment into or from court

16

The hearing of any summons or other application in chambers may be adjourned from chambers into court and subsequently from court into chambers.

Disposal of matters in chambers

17

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.

Papers for use of Court, etc.

18

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 proceedings.

1

Subject to any direction or order under section 58 of the Act, the place of trial of a cause or matter, or of any question or issue arising therein, shall be the Royal Courts of Justice.

2

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

• (c) a judge with the assistance of assessors, or

• (d) a master.

3

The Court may order any question or issue arising in a cause or matter, whether of fact or of law or partly of law, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

4

• (1) ²⁴⁶ Any action in which a claim is made in respect of libel, slander, malicious prosecution or false imprisonment or any issue of fact therein shall, subject to section 62(2) of the Act, be tried with a jury if any party to the action so requests, and a party setting down such an action must specify the mode of trial which he requests].

• (2) Where the party setting down such an action requests a trial without a jury, any other party may within 7 days after receiving a notice pursuant to Order 34, rule 7(1) lodge a request in the appropriate office that the action be tried with a jury and must within 24 hours after lodging such request send a copy thereof to every other party.

• (3) A party setting down any other action must not request any mode of trial.

• (3A) ²⁴⁷ The trial of any action not mentioned in paragraph (1) or any issue of fact therein shall, subject to section 62(4) of the Act, be tried without a jury].

• (4) Where trial has been requested under paragraph (1) or (2), any party (including the party who made the request) may apply either by motion on notice or at the trial of the action for an order that the action or any issue of fact therein be tried without a jury.

• (5) Where the trial of an action with a jury has not been requested, any party (including the party who set down the action for trial) may apply by motion on notice for an order that the action or any issue of fact therein be tried with a jury.

• (6) The Court may, upon application made under paragraph (4) or (5) and subject to section 62 of the Act, fix the mode of trial of any action or of any issue of fact therein and, only where it considers that the interest of justice so require, order that different questions of fact arising in the action be tried at different times or by different modes of trial.

• (7) Nothing in this rule affects the provisions of Order 104, rule 11, as to actions for the infringement of a patent.

[ Excusing of jurors

4A

• (1) Subject to paragraphs (2) to (5) of this rule the powers of a judge under Articles 10 and 11(1) of the 1996 Order may be exercised by the Principal Clerk of the Central Office.

• (2) A person dissatisfied with a decision of the Principal Clerk of the Central Office made in the exercise of the powers conferred by Article 10 or 11(1) of the 1996 Order may appeal to a judge in accordance with paragraph (3) of this rule.

• (3) An appeal under this rule shall be commenced by the appellant giving notice of appeal to the Principal Clerk of the Central Office and such notice shall be in writing and shall specify the matters upon which the appellant relies in support of his appeal.

• (4) A judge shall not dismiss an appeal under this rule unless the apellant has been given an opportunity of making representations.

• (5) Where an appeal under this rule is decided in the absence of the appellant, the Principal Clerk of the Central Office shall notify him of the decision as soon as possible.

• (6) In this rule “the 1996 Order” means the Juries (Northern Ireland) Order 1996²⁴⁹.]

Trial with assistance of assessors

5

A trial of a cause or matter with the assistance of assessors under section 61 of the Act shall take place in such manner and in such terms as the Court may direct.

Dismissal of action, etc., after decision of preliminary issue

6

If it appears to the Court that the decision of any question or issue 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 therein as may be just.

1

This Order applies to actions begun by writ and, accordingly, references in this Order to an action shall be construed as references to an action so begun.

2

• (1) The plaintiff in any action shall within 6 weeks after the close of pleadings, or within the period fixed by an order of the Court, set down the action for trial.

• (2) Where the plaintiff fails to set down the action for trial, the defendant may set it down or apply to the Court to dismiss the action for want of prosecution and, on the hearing of any such application, the Court may order the action to be dismissed accordingly or make such order as it thinks fit.

3

In order to set down an action for trial the party setting it down must deliver to the appropriate office a request in Form No. 34 of Appendix A that the action may be set down for trial.

4

• (1) The party setting down an action for trial must deliver to the appropriate office two indexed bundles (one of which shall serve as the record and the other to be for the use of the judge) consisting of one copy of each of the following documents, that is to say—

• (a) the writ,

• (b) the pleadings (including any affidavits ordered to stand as pleadings), any request or order for particulars and the particulars given,

• (c) subject to Order 22, rule 7, any interlocutory orders, and

• (d) the requisite legal aid documents, if any.

• (2) Each of the said bundles must be bound up and indexed in the proper chronological order [²⁵⁰, save that voluntary particulars of any pleading and particulars to which Order 18, rule 12(7), applies shall be placed immediately after the pleading to which they relate] and the bundle which is to serve as the record must be stamped with the stamp denoting payment of the fee payable on setting down the action and have indorsed thereon the names, addresses and telephone numbers of the solicitors for the parties or, in the case of a party who has no solicitor, of the party himself.

• (3) Where a third party notice has been issued under Order 16, the party issuing the notice (whether with or without leave) must, as soon as practicable after receiving notice that the action has been set down for trial or on setting down the action for trial (unless the third party proceedings have been disposed of or abandoned), deliver to the appropriate office two bundles prepared in accordance with paragraph (1) each consisting of one copy of the third party notice and all documents in the third party proceedings corresponding to those specified in paragraph (1).

• (4) Where a new trial becomes necessary in any action, the procedure for setting down the action for the new trial shall be that specified in the foregoing provisions except that the bundle which is to serve as the record must be bespoken from the appropriate office and must include the order for a new trial.

• (5) In this rule “the requisite legal aid documents” means any documents which are required by regulations under [²⁵¹ Part II of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981²⁵²] to be included in the bundle for use at the trial.

• (6) ²⁵³ The party who has set an action down for trial must deliver to the appropriate office two copies of any documents of the kind specified in paragraph (1) which have come into existence between the date of setting down and the day preceding the trial of the action].

5

Nothing in this Order shall prejudice any powers of the Lord Chief Justice to give directions—

• (a) providing for the keeping and publication of lists and actions for hearing;

• (b) providing for the determination of a date for the trial of any action which has been set down or a date before which the trial thereof is not to take place; and

• (c) as to the making of applications (whether to the Court or a court officer), to fix, vacate or alter any such date, and, in particular, requiring any such application to be supported by an estimate of the length of the trial and any other relevant information.

6

At any time after an action has been set down for trial and before it is tried, the Court may require the parties to furnish the Court or court officer, by personal attendance or otherwise, with such information as may be necessary to show whether the action is ready for trial, and if any party fails to comply with any such requirement, the Court may—

• (a) of its own motion, on 7 days’ notice to the parties, direct that the action be removed from the list of actions for hearing.

• (b) on the application of any party, dismiss the action for want of prosecution or strike out the defence of counterclaim or make such other order as the Court thinks fit.

7

• (1) Any party to an action who sets it down for trial must, within 24 hours after doing so, give notice in Form No. 35 of Appendix A to the other parties to the action that he has done so.

• (2) It shall be the duty of all parties to an action set down for trial to furnish without delay to the officer who keeps the lists of actions for hearing all available information as to the action being or being likely to be settled, and, if the action is settled or withdrawn, to notify that officer of the fact without delay.

• (3) In performances of the duty imposed by paragraph (2), a plaintiff who gives notice of acceptance of a payment into court in accordance with Order 22, rule 3(1), shall at the same time lodge a copy of the notice with the officer mentioned in that paragraph.

8

• (1) Where after an action has been set down for trial the action becomes abated, or the interest or liability of any party to the action is assigned or transmitted to or devolves on some other person, the solicitor for the plaintiff or other party having the conduct of the action 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 proper officer, and that officer 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.

1

• (1) If, when the trial of an action is called on, neither party appears. the action may be struck out of the list, without prejudice, however, 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.

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 application 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.

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.

4

• (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 such 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 does not adduce evidence, 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 does 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 separately 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 appears 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 defendants has been given;

• (c) if some of them adduce evidence and some do not, those who do [²⁵⁴ not] shall state their case 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 defendants, the defendant or that defendant, as the case may be, shall begin, and in that case paragraphs (2), (3) and (4) shall have effect in relation to, and as between, him and the plaintiff as if for references 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 opposing party may make a further speech in reply, but only in relation to that point of law or that authority, as the case may be.

• (8) For the purposes of this rule a party shall be deemed to adduce evidence if he puts in a document whether in the course of cross-examination or otherwise.

5

• (1) The judge by whom any cause or matter is tried may inspect 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.

6

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.

7

The officer present in court shall at the trial or as soon as practicable thereafter, enter in a register to be kept for that purpose, the following—

• (i) the record number of the action;

• (ii) the date of the trial;

• (iii) the name of the trial judge and whether the trial was with or without a jury;

• (iv) the title of the action;

• (v) the names of solicitor and counsel;

• (vi) the names of any witnesses;

• (vii) the questions asked of and the answers given by the jury where the trial was with a jury;

• (viii) particulars of the judgment and of all orders, directions and certificates (if any);

• (ix) a note of the days on which the trial was held and the time spent at trial during each day on which the trial was held.

8

• (1) The proper officer 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 indicating the party by whom it is put in and shall number each party’s exhibits consecutively.

• (2) The proper officer 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.

9

It shall be the duty of every party to an action who has put in any exhibit to apply to the proper officer 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 to the Court of Appeal or the House of Lords, he may be able to produce the exhibit so marked and labelled at the hearing of the appeal in case he is required by the Court of Appeal or the House of Lords to do so.

10

• (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 for Northern Ireland or the Director of Public Prosecutions for Northern Ireland makes a written request 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 authorised to do so by an order signed by a judge.

1

In any cause or matter, other than a criminal proceeding by the Crown, if the question in dispute consists wholly or in part of matters of account, the Court may at any time [²⁵⁶ . . .] order the whole cause or matter or any question or issue of fact arising therein to be tried, without prejudice to Orders 43 and 44, before a master or before a referee or arbitrator respectively agreed on by the parties (all of whom are hereinafter referred to as the “referee”).

2

Where an order for the trial of any question or issue of fact is made under rule 1, unless the court otherwise orders, further consideration of the cause or matter shall stand adjourned until the receipt of the referee’s report.

3

Every order made under rule 1 shall forthwith be lodged with the referee who shall within 14 days thereafter fix the date of the trial after consultation with the parties or their solicitors.

4

• (1) The report made by a reference in pursuance of a reference under rule 1 shall be made to the Court and notice thereof served on the parties to the reference.

• (2) The referee may in his report submit any question arising therein for the 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 referee’s report, the Court may—

• (a) adopt the report in whole or in part;

• (b) vary the report;

• (c) require an explanation from him;

• (d) remit the whole or any part of the question or issue originally referred to him for further consideration by him or any other 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 referee has been made, an application to vary the report or remit the whole or any part of the question or issue originally referred may be made on the hearing of the Court of the further consideration of the cause or matter, after, giving not less than 4 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 1 the Court orders that the further consideration of the cause or matter in question shall not stand adjourned until the receipt of the referee’s report, the order may contain directions with respect to the proceedings on the receipt of the report, and the foregoing provisions of this rule shall have effect subject to any such directions.

5

• (1) Subject to any directions contained in the order referring any business to a referee—

• (a) the referee shall for the purpose of disposing of any cause or matter (including any interlocutory application therein) or any other business referred to him have the same jurisdiction, powers and duties (excluding the power of committal) as a judge, exercisable or, as the case may be, to be performed as nearly as circumstances admit in the like case, in the like manner and subject to the like limitations; and

• (b) every trial and all other proceedings before a referee shall, as nearly as circumstances admit, be conducted 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 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 necessary modifications apply in relation to any such claim accordingly.

• (3) A referee may hold any trial or any other proceedings before him at any place which appears to him to be convenient and may adjourn the proceedings from place to place as he thinks fit.

1

• (1) Where judgment is given for damages to be assessed and no provision is made by the judgment as to how they are to be assessed, the damages shall, subject to the provisions of these Rules, be assessed by a master and the party entitled to the benefit of the judgement may, after obtaining the necessary appointment from the master, and at least 7 days before the date of the appointment, serving 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 under this rule must be served on the party against whom the judgment is given.

• (3) Without prejudice to the powers of a master of the Chancery Division under Order 32, rule 14, the attendance of witnesses and the production of documents before the master in proceedings under this Order may be compelled 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.

[ I. ASSESSMENT OF DAMAGES AFTER JUDGMENT

[ Order] or judgment for amount of damages

2

Where in pursuance of this Order or otherwise damages are assessed by a master—

• (a) ²⁶⁰ in the Chancery Division the Master shall make an order for payment of the damages so assessed under Order 44, rule 11];

• (b) in the Queen’s Bench Division the Master shall give final judgment for the amount of the damage so assessed.

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 assessed at the trial unless the Court otherwise orders.

Power to order assessment by master, etc.

4

• (1) Where judgment is given for damages to be assessed, the Court may subject to section 62 of the Act of its own motion or, upon application by motion on notice, order—

• (a) that the damages shall be assessed by a master, or

• (b) that the action shall proceed to trial before a judge as respects the damages.

• (2) Where the Court orders that the action shall proceed to trial, it may make such orders and give such directions as it thinks just.

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 be assessed, and references in those provisions to the assessment of damages shall be construed accordingly.

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 assessed down to the time of the assessment.

[ II. ORDERS FOR PROVISIONAL DAMAGES FOR PERSONAL INJURIES

Application and interpretation

7

• (1) This Part of this Order applies to actions to which paragraph 10 of Schedule 6 to the Administration of Justice Act 1982 (in this Part of this Order referred to as “paragraph 10”) applies.

• (2) In this Part of this Order “award of provisional damages” means an award of damages for personal injuries under which—

• (a) damages are assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in paragraph 10; and

• (b) the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration.

Order for provisional damages

8

• (1) The Court may on such terms as it thinks just and subject to the provisions of this rule make an award of provisional damages if—

• (a) the plaintiff has pleaded a claim for provisional damages, and

• (b) the Court is satisfied that the action is one to which paragraph 10 applies.

• (2) An order for an award of provisional damages shall specify the disease or type of deterioration in respect of which an application may be made at a future date, and shall also, unless the Court otherwise determines, specify the period within which such application may be made.

• (3) The Court may, on the application of the plaintiff made within the period, if any, specified in paragraph (2), by order extend that period if it thinks it just to do so, and the plaintiff may make more than one such application.

• (4) An order for an award of provisional damages may be made in respect of more than one disease or type of deterioration and may in respect of each disease or deterioration specify a different period within which an application may be made at a future date.

• (5) Orders 13 and 19 shall not apply in relation to an action in which the plaintiff claims provisional damages.

Offer to submit to an award

9

• (1) Where an application is made for an award of provisional damages, any defendant may at any time (whether or not he makes a payment into court) make a written offer to the plaintiff—

• (a) to tender a sum of money (which may include an amount, to be specified in respect of interest) in satisfaction of the plaintiffs claim for damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in paragraph 10 and identifying the disease or deterioration in question; and

• (b) to agree to the making of an award of provisional damages.

• (2) Any offer made under paragraph (1) shall not be brought to the attention of the Court until after the Court has determined the claim for an award of provisional damages.

• (3) Where an offer is made under paragraph (1) the plaintiff may, within 21 days after receipt of the offer, give written notice to the defendant of his acceptance of the offer and shall on such acceptance make an application to the Court for an order in accordance with the provisions of rule 8(2).

Application for award of further damages

10

• (1) This rule applies where the plaintiff, pursuant to an award of provisional damages, claims further damages.

• (2) No application for further damages may be made after the expiration of the period, if any, specified under rule 8(2), or of such period as extended under rule 8(3).

• (3) The plaintiff shall give not less than three months’ written notice to the defendant of his intention to apply for further damages and, if the defendant is to the plaintiffs knowledge insured in respect of the plaintiffs claim, to the insurers.

• (4) The plaintiff may take out a summons for directions as to the future conduct of the action within 21 days after the expiry of the period of notice referred to in paragraph (3).

• (5) On the bearing of the summons for directions the Court shall give such directions as may be appropriate for the future conduct of the action, including, but not limited to, the disclosure of medical reports and the place, mode and date of the bearing of the application for further damages.

• (6) Only one application for further damages may be made in respect of each disease or type of deterioration specified in the order for the award of provisional damages.

• (7) The provisions of Order 29 with regard to the making of interim payments shall, with the necessary modifications, apply where an application is made under this rule.

• (8) The Court may include in an award of further damages simple interest at such rate as it thinks fit on all or any part thereof for all or any part of the period between the date of notification of the plaintiffs intention to apply for further damages and the date of the award.]

[ III. DAMAGES ACT 1996 — PERIODICAL PAYMENTS

Interpretation

11

In this Part—

• “the 1996 Act” means the Damages Act 1996²⁶³;

• “damages” means damages for future pecuniary loss; and

• “periodical payments” means periodical payments under section 2(1) of the 1996 Act²⁶⁴.

Statement of claim

12

• (1) This rule applies to proceedings for damages for personal injury.

• (2) The plaintiff in his statement of claim shall state whether he considers periodical payments or a lump sum to be the more appropriate form for all or part of an award of damages.

• (3) Where the defendant admits to the whole of any cause, he shall, in his defence, state whether he considers periodical payments or a lump sum to be the more appropriate form for all or part of an award of damages.

• (4) Where a statement is given under paragraphs (2) or (3), a party must provide relevant particulars of the circumstances which are relied on in support of the statement.

• (5) Where a statement under paragraph (2) or (3) is not given, the court may order a party to make such a statement.

• (6) Where the court considers that the statement of claim contains insufficient particulars under paragraph (2) and (3), the court may order a party to provide such further particulars as it considers appropriate.

Court’s indication to parties

13

The court shall consider and indicate to the parties as soon as is practicable whether periodical payments or a lump sum is likely to be the more appropriate form for all or part of an award of damages.

Factors to be taken into account

14

• (1) When considering—

• (a) its indication as to whether periodical payments or a lump sum is likely to be the more appropriate form for all or part of an award of damages under rule 3; or

• (b) whether to make an order under section 2(1)(a) of the 1996 Act,

the court shall have regard to all the circumstances of the cases and in particular the form of award which best meets the plaintiff’s needs, having regard to the factors set out in paragraph (2).

• (2) The factors referred to in paragraph (1) are—

• (a) the scale of the annual payments taking into account any deduction for contributory negligence;

• (b) the form of award preferred by the plaintiff including—

• (i) the reasons for his preference; and

• (ii) the nature of any financial advice he received when considering the form of the award;

• (c) the form of award preferred by the defendant including the reasons for the defendant’s preference.

The award

15

• (1) Where the court awards damages in the form of periodical payments, the order must specify—

• (a) the annual amount awarded, how each payment is to be made during the year and at what intervals;

• (b) the amount awarded for the future—

• (i) loss of earnings and other income; and

• (ii) care and medical costs and other recurring or capital costs;

• (c) that the plaintiff’s annual future pecuniary losses, as assessed by the court, are to be paid for the duration of the plaintiff’s life, or for such other period as the court orders; and

• (d) that the amount of the payments shall vary annually by reference to the retail prices index, unless the court orders otherwise under section 2(9) of the 1996 Act.

• (2) Where the court orders that any part of the award shall continue after the plaintiff’s death, for the benefit of the plaintiff’s dependants, the order must also specify the relevant amount and duration of the payments and how each payment is to be made during the year and at what intervals.

• (3) Where the court makes an order under paragraph (2), the order must also specify the relevant amount and duration of the payments and how each payment is to be made during the year and at what intervals.

• (4) Where an amount awarded under paragraph (1)(b) is to increase or decrease on a certain date, the order must also specify—

• (a) the date on which the increase or decrease will take effect; and

• (b) the amount of the increase or decrease at current value.

• (5) Where the damages for substantial capital purchases are awarded under paragraph (1)(b)(ii), the order must also specify—

• (a) the amount of the payments at current value;

• (b) when the payments are to be made; and

• (c) that the amount of the payments shall be adjusted by reference to the retail prices index, unless the court orders otherwise under section 2(9) of the 1996 Act.

Continuity of payment

16

• (1) An order for periodical payments shall specify that the payments must be funded in accordance with section 2(4) of the 1996 Act, unless the court orders an alternative method of funding.

• (2) Before ordering an alternative method of funding, the court must satisfy itself that—

• (a) the continuity of payment under the order is reasonably secure;

• (b) a method of funding provided for under section 2(4) of the 1996 Act is not possible or there are good reasons to justify an alternative method of funding;

• (c) that the proposed method of funding can be maintained for the duration of the award or for the proposed duration of the method of funding; and

• (d) that the proposed method of funding will meet the level of payment ordered by the court.

• (3) An order under paragraph (2) must specify the alternative method of funding.

Assignment or charge

17

Where the court under section 2(6)(a) of the 1996 Act is satisfied that special circumstances makes an assignment or charge of periodical payments necessary, it shall in deciding whether or not to approve the assignment or charge, also have regard to—

• (a) whether the capitalised value of the assignment or charge represents value for money;

• (b) whether the assignment or charge is in the claimant’s best interests, taking into account whether these interests can be met in some other way; and

• (c) how the claimant will be financially supported following the assignment of the charge.]

1

Subject to the provisions of these rules and of [²⁶⁵ the Civil Evidence (Northern Ireland) Order 1997] and of any other provision 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.

[ Medical reports, maps, plans etc may be given in evidence

1A

• (1) Unless the Court otherwise orders, [²⁶⁷ any report or other accompanying or supplemental document served or disclosed pursuant to the provisions of Order 25 or of rule 3B of this Order] or any map, plan, drawing, photograph or model produced pursuant to the provisions of rule 3A of this Order by any party to an action to the other parties may be given in evidence at the trial of the action or an assessment of damages by the party who has disclosed or produced it.

• (2) Any other party may, on giving sufficient notice to the party making the disclosure or production specified in paragraph (1), require the maker of any such [²⁶⁸ ...] report to give oral evidence or require any such map, plan, drawing, photograph or model to be proved, and in any such case paragraph (1) shall not apply.