Rules of the Supreme Court 2000

Legal Notice 5 of 2000

Citation: Legal Notice 5 of 2000
Date: 11 February 2000
Language: English
Type: Legislation

Turks and Caicos Islands

Rules of the Supreme Court 2000

Legal Notice 5 of 2000

Published on 11 February 2000
Assented to on 11 February 2000
Commenced on 1 March 2000
[This is the version of this document from 11 February 2000.]
[Note: The original publication document is not available and this content could not be verified.]

The Rules of the Supreme Court 2000 are intended to constitute a comprehensive and up to date set of civil procedure rules for the Supreme Court of the Turks and Caicos Islands. They replace the purely procedural provisions previously contained in the Civil Procedure Ordinance, which have been repealed by the Civil Procedure (Amendment) Ordinance 1999, and the Supreme Court Practice and Procedure Rules of 1971, which are revoked by the new Rules.The new Rule will facilitate the work of the Court by ensuring consistency and certainly in its practice and procedure. They will also constitute a step by step set of directions for the conduct of civil litigation which will be easier to follow than the previous provisions which were scattered between the Civil Procedure Ordinance, the fonner Supreme Court Practice and Procedure Rules and the English procedure as applied from time to time to fill in the gaps.The new Rules are based upon the Rules of the English Supreme Court as they stood at 1^st January 1999. By virtue of section 3(3) of the Supreme Court Ordinance, those rules have been applied regularly in the Turks and Caicos Islands to supplement the rather bare-bones procedure set out local legislation. However, that has given rise to many difficulties and uncertainties in defining the boundaries between the two codes. It is hoped that the new rules will, by adapting the English rules as necessary to local conditions, dispense with such problems.The new Rules follow the English model in that they are divided into Orders, which are themselves broken down into rules and sub-rules. Certain of the English Orders and rules were inapplicable to the Turks &Caicos Islands and have been omitted. However, the new Rules have retained the numbering of the English Orders and rules in order to preserve the ability to cross-reference. This means that certain Order and rule numbers are not used, and where this had happened it is indicated by the insertion of "[Blank]" against the number.This course has been chosen so that users of the new Rules can have ready access to the considered body of interpretative and explanatory material associated with the English Rules. All of that material conveniently and comprehensively contained in two volumes of the Supreme Court Practice, or "White Book" as it is commonly known and that indispensable publication provides a complete companion and guide to the Rules and the case law which has grown up around them. The White Book has in fact been the main reference used in the Turks and Caicos Islands for civil procedure for many years, and practitioners will be very familiar with it.Practitioners will be aware that the English civil procedure rules were extensively changed in April of 1999. The new Turks and Caicos Islands Rules do not attempt to follow those changes, on the basis that it would be wise to see how they work out in practice before deciding whether it would be a good idea to follow them here. This means that for the immediate future the l999 edition of the White Book is likely to be one of the most useful as a reference.However, the law should be a dynamic thing, and I consider it important that all concerned with its administration in the Turks and Caicos Islands should keep the practice and procedure of the Supreme Court under active review, with a view to incorporating such of the English reforms as prove themselves in practice. When the time does come for further reform these new Rules will provide a sound basis on which to build.Made by the Chief Justice under section 16 of the Supreme Court Ordinance and section 4 of the Civil Procedure (Amendment) Ordinance 1999.

Order 1 – Citation, commencement, applicationl interpretaion, forms, revocation, saving and transitional

1. Citation and commencement (O.1, r. 1)

These rules may be cited as the Rules of the Supreme Court 2000, and shall come into operation on the 1^st March 2000.

2. Application (O.1, r. 2)

(1)Subject to paragraph (2) these rules shall have effect in relation to all proceedings in the Supreme Court.

(2)These rules shall not have effect in relation to proceedings in respect of which rules have been made under any other enactment.

(3)Nothing in this rule shall be taken as affecting any statutory provision whereby the Rules of the Supreme Court, or any provisions of them, are applied to proceedings other than those to which are applied by this rule.

3. Application of interpretation Ordinance (O.1, r. 3)

The interpretation Ordinance shall apply for the interpretation of these rules as it applies to subordinate legislation made after the commencement of that Ordinance.

4. Definitions (O. 1, r. 4)

(1)In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned them namely—"an action for person injuries" means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" includes any disease and any impairment of a person's physical or mental condition;"attorney" except where the context indicates otherwise, means an attorney as defined in section 2 of the Legal Profession Ordinance 1997;"cause book" means the book or other record kept in the Registry of the Supreme Court in which the letter and number of, and other details relating to, a cause or matter are entered;"FAX" means the making of a facsimile copy of a document by the transmission of electronic signals;"folio" means 72 words, means each figure being counted as one word;"judgment book" the book or other record kept in the registry pursuant to Order 42, rule 5(1);"notice of intention to defend" means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf is signed intends to contest the proceedings to which the acknowledgment relates;"officer" means an officer of the Supreme Court;"the Ordinance" means the Supreme Court Ordinance;"originating summons" means every summons other than a summons in a pending cause or matter;"pleading" does not include a petition, summons or a preliminary act;"probate action" has the meaning assigned to it by Order 76;"receiver" inc1udes a manager or consignee;"Registrar" means the Registrar of the Supreme Court, appointed pursuant to section 8 of the Ordinance;"Registry" means the Registry of the Supreme Court;"Writ" means a writ of summons.

(2)1n these rules, unless the context otherwise requires, "the Court" means the Supreme Court or any one or more judges thereof, whether sitting in court or in chambers or the Registrar, but the foregoing provision shall not be taken as affecting any provision of these rules and, in particular Order 32, rule 11, by virtue of which the authority and jurisdiction of the Registrar is defined and regulated.

(3)In these rules unless the context otherwise requires, any reference to acknowledging service of a document or giving notice of intention to defend any proceedings is a reference to lodging in the Registry an acknowledgment of service of that document or, as the case may be, a notice of intention to defend those proceedings.

5. Construction of references to Orders, rules, etc. (O.1, r. 5)

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

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

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

6. Construction of references to action, etc. for possession of land (O. 1, r. 6)

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

7.

[blank]

8.

[blank]

9. Forms (O . 1, r. 9)

The forms in Appendix A shall be used where applicable with such variations as the circumstances of the particular case require, or, where no form is prescribed, the forms in the Appendices to the Rules of the Supreme Court of England 1965 may be used with such adaptations as the circumstances may require.

10. Rules not to exclude conduct of business by post or certain other means (O. 1, r. 10)

Nothing in these rules shall prejudice any power to regulate the practice of the court by giving directions enabling any business or class of business to be conducted by post, courier, telephone, video-conferencing or other form of telecommunication.

11. Revocation (O. 1, r. 11)

The Supreme Court Practice and Procedure Rules as published in volume 1 of the Revised Edition of the Laws are revoked.

12. Savings and transitional (O. 1, r. 12)

The provisions of Appendix B to these rules shall apply in respect of transitional provisions and savings.

Order 2 – Effect of non-compliance

1 No-compliance with rules (O. 2, r. 1)

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

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

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

2. Application to set aside for irregularity (O. 2, r. 2)

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

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

Order 3 – Time

1. "Month" means calendar month (O. 1, r. 1)

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

2. Reckoning periods of time (O. 3, r. 2)

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

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

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

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

(5)Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Saturday, Sunday or public holiday, that day shall be excluded.1n this paragraph "public holiday" means a day which is, or is to be observed as a holiday, under the Public Holidays Ordinance.

3.

[blank]

4. Time expires on Sunday (O. 3, r. 4)

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

5. Extension, etc., of time (O. 3, r. 5)

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

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

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

5. Notice of intention to proceed after year's delay (O. 3, r. 6)

Where a year or more has elapsed since the last proceeding in cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.A summons on which no order was made is not proceeding for the purpose of this rule.

Order 4 – Assignment transfer and consolidation of proceedings

1-6

[blank]

7. Exercise of one judge's jurisdiction by another (O. 4, r. 7)

(1)[blank]

(2)Where, by virtue of any of these rules, any application ought to be made to, any jurisdiction exercised by, the judge by whom a cause or matter has been tried, then, if that judge dies or ceases to be judge of the Supreme Court, or if for any other reason it is impossible or inconvenient for that judge to act in that cause or matter, the Chief Justice or, if there is no Chief Justice for the time being, the President of the Court of Appeal may, either by a special order in any cause or matter, or by a general order applicable to any class of causes or matters, nominate some other judge to whom the application may be made or by whom the jurisdiction may be exercised.

8.

[blank]

9. Consolidation, etc., of causes or matters (O. 4, r. 9)

(1)Where two or more causes or matters are pending and it appears to the Court—

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

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

(c)that for some other reason it is desirable to make an order under this paragraph

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

(2)Where the Court makes an order under paragraph (1) that two or more causes or matters are to be tried at the same time but no order is made for those causes or matters to be consolidated, then, a party to one of those causes or matters may be treated as if he were a party to any other of those causes or matters for the purpose of making an order for costs against him or in his favour.

Order 5 – Mode of beginning civil proceedings in Supreme Court

1. Mode of beginning civil proceedings (O. 5, r. 1)

Subject to the provisions of any Ordinance and of these rules, civil proceedings in the Supreme Court may be begun by writ, originating summons, originating motion or petition.

2. Proceedings which must be begun by writ (O. 5, r. 2)

Subject to any provision of any Ordinance, or of these rules, by virtue of which proceedings are expressly required to be begun otherwise than by writ, the following proceedings must, notwithstanding anything in rule 4, be begun by writ, that is to say, proceedings—

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

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

(c)in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under an Ordinance or independently of any contract or any provision) where the damages claimed consist of or include damages in respect of the death of any person or in respect of personal injuries to any person or in respect of damage to any property.

3. Proceedings which must be begun by originating summons (O. 5, r. 3)

Proceedings by which an application is to be made to the Supreme Court or to a judge thereof under any Ordinance must be begun by originating summons except where by these rules or by or under any Ordinance the application is expressly required or authorised to be made by some other means.This rule does not apply to an application made in pending proceedings.

4. Proceedings which may be begun by originating summons (O. 5, r. 4)

(1)Except in the case of proceedings which by these rules or by or under any Ordinance are required to be begun by writ or originating summons or are required or authorised to be begun by originating motion or petition, proceedings may be begun either by writ or by originating summons, as the plaintiff considers appropriate.

(2)Proceedings—

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

(b)in which there is unlikely to be any substantial dispute of fact, are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgment under Order 14 or Order 86 or for any other reason considers the proceedings more appropriate to be begun by writ.

5. Proceedings to be begun by motion or petition (O. 5, r. 5)

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

6. Right to sue in person (O. 5, r. 6)

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

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

Order 6 – Writs of summons: General provisions

1. Form of writ (O. 6, r. 1)

Every writ must be in Form No. 1 in Appendix A.

2. Indorsement of claim (O. 6, r. 2)

(1)Before a writ is issued it must indorsed—

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

(b)where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for acknowledging service, the defendant pays the amount so claimed to the plaintiff, his attorney or agent;

(c)where the claim made by the plaintiff is for possession of land, with a statement showing—

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

(ii)if it does, whether the premises are subject to any statutory restrictions on the recovery of possession for the time being in force, and;

(iii)in case where the plaintiff knows of any person entitled to claim relief against forfeiture as underlessee (including a mortgagee), under any statutory provision for the time being in force, the name and address of that person.

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

(2)Where particulars are given pursuant to paragraph (1)(c)(iii), the plaintiff shall send a copy of the writ to person named.

3. Indorsement as to capacity (O. 6, r. 3)

(1)Before a writ is issued, it must be indorsed—

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

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

4.

[blank]

5. Indorsement as to attorney and address (O. 6, r. 5)

(1)Before a writ is issued, it must be indorsed—

(a)where the plaintiff sues by an attorney, with the plaintiff's address and the attorney's name or firm and a business address of his within the jurisdiction and also (if the attorney is the agent of another) the name or firm and business address of his principal;

(b)where the plaintiff sues in person, with the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent.

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

(a)where he sues by an attorney, the business address (to which may be added a numbered box at a document exchange) of the attorney indorsed on the writ or where there are two such addresses so indorsed, the business address of the attorney, who is acting as agent for the other;

(b)Where he sues in person, the address within the jurisdiction indorsed on the writ.

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

(4)If an attorney whose name is indorsed on a writ declares in writing that the writ was not issued by him or with his authority or privity, the Court may on the application of any defendant who has been served with or who acknowledged service of the writ, stay all proceedings in the action begun by the writ.

6. Concurrent writ (O. 6, r. 6)

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

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

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

7. Issue of writ (O. 6, r. 7)

(1)[blank]

(2)Except where otherwise expressly provided by these Rules, a writ shall be issued out of the Registry.

(3)Issue of a writ takes place upon its being dated and sealed by an officer of the Registry.

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

(5)writ shall be sealed unless at the time of tender thereof for sealing the person tendering it leaves at the Registry a copy thereof signed, where the plaintiff sues in person, by him or, where he does not so sue, by or on behalf of his attorney.

8. Duration and renewal of writ (O. 6, r. 8)

(1)For the purposes of service, a writ (other than a concurrent writ) is valid in the first instance for twelve months beginning with the date of its issue.

(1A)A concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.

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

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

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

Order 7 – Originating summonses: General provisions

1. Application (O. 7, r. 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 by or under any Ordinance.

2. Form of summons (O. 7, r. 2)

(1)Every originating summons (other than an ex parte summons) shall be in Form No. 8 or, if so authorised or required, in Form No. 10 in Appendix A and every ex parte originating summons shall be in Form No. 11 in Appendix A.

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

3. Contents of summons (O. 7, r. 3)

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

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

4. Concurrent summons (O. 7, r. 4)

Order 6, Rule 6, shall apply in relation to an originating summons as it applies in relation to a writ.Issue of summons (O. 7, r. 5)

(1)[blank]

(2)[blank]

(3)Order 6, Rule 7 shall apply in relation to an originating summons as it applies in relation to a writ.

5. Duration and renewal of summons (O. 7, r. 6)

Order 6, Rule 8, shall apply in relation to an originating summons as it applies in relation to a writ.

6. Ex parte originating summonses (O. 7, r. 7)

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

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

Order 8 – Originating and other motions: General provisions

1. Application (O. 8, r. 1)

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

2. Notice of motion (O. 8, r. 2)

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

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

3. Form and issue of notice of motion (O. 8, r. 3)

(1)The notice of an originating motion must be in Form No. 13 Appendix A and the notice of any other motion in Form No. 38 in that Appendix.Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice.

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

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

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

(5)[blank]

(6)Issue of the notice of an originating motion takes place upon its being dated and sealed by an officer of the Registry.

4. Service of notice of motion with writ, etc. (O. 8, r. 4)

Notice of motion to made in an action be served by the plaintiff on the defendant with the writ of summons or originating summons or at any time after service of such writ or summons, whether or not the defendant has acknowledged service in the action.

5. Adjournment of the hearing (O. 8, r. 5)

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

Order 9 – Petitions: General provisions

1. Application (O. 9, r. 1)

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

2. Contents of petition (O. 9, r. 2)

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

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

(3)Order 6, rule 5, shall, with necessary modifications, apply in a relation to a petition as it applies in relation to a wiit.

3. Presentation of petition (O. 9, r. 3)

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

4. Fixing time for hearing petition (O. 9, r. 4)

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

(2)Unless the Court otherwise directs, a petition which is required to be served on any person must be served on him less than seven days before the day fixed for the hearing of the petition.

5. Certain applications not to be made by petition (O. 9, r. 5)

No application in any cause or matter may be made by petition.

Order 10 – Service of originating process: General provisions

1. General provisions (O. 10, r. 1)

(1)A writ must be served personaly on each defendant by the plaintiff or his agent.

(2)[blank]

(3)[blank]

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

(5)Subject to Order 12, rule 7, where a writ is not duly served on a defendant but he acknowledges service of it, the writ shall be deemed, unless the contrary is shown, to have been duly served on him and to have been so served on the date on which he acknowledges service.

(6)Every copy of a writ for service on a defendant shall be sealed with the seal of the Supreme Court and shall be accompanied by a form of acknowledgment of service in Form No. 14 in Appendix A in which the title of the action and its number have been entered.

(7)This rule shall have effect subject to the provisions of any Ordinance and these rules and in particular to any enactment which provides for the manner in which documents may be served on bodies corporate.

2. Service of writ on agent of oversea principal (O. 10, r. 2)

(1)where the court is satisfied on an ex parte application that—

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

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

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

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

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

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

3. Service of writ in pursuance of contract (O. 10, r. 3)

(1)Where—

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

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

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

(2)A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve the writ out of the jurisdiction has been granted under Order 11, rule 1 (1) or service of writ is permitted without leave under Order 11, rule 1 (2).

4. Service of writ in certain actions for possession of land (O. 10, r. 4)

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

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

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

5. Service of originating summons, notice of motion or petition (O. 10, r. 5)

(1)The foregoing rules of this Order shall apply, with any necessary modifications, in relation to an originating summons (other than ex parte originating summons or an originating summons under Order 113) as they apply in relation to a writ, except that an acknowledgment of service of an originating summons shall be in Form No. 15 in Appendix A.

(2)Rule 1(1) (2) (3) and (4) shall apply, with any necessary modifications in relation to a notice of an originating motion and a petition as they apply in relation to a writ.

Order 11 – Service of process, etc., out of the jurisdiction

1. Principal cases in which service of writ out of jurisdiction is permissible (O. 11, r. 1)

(1)Service of a writ out of the jurisdiction is permissible with the leave of the court if in the action begun by the writ—

(a)relief is sought against a person domiciled or ordinarily resident within the jurisdiction;

(b)an injunction is sought ordering the defendant to do or refrain from doing anything within the jurisdiction (whether or not damages are also claimed in respect of a failure to do or the doing of that thing);

(c)the claim is brought against a person duly served within or out of the jurisdiction and a person out of the jurisdiction is a necessary or proper party thereto;

(d)the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which—

(i)was made within the jurisdiction, or

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

(iii)is by its terms, or by implication, governed by the law of the Turks and Caicos Islands; or

(iv)contains a term to the effect that the Supreme Court should have jurisdiction to hear an determine any action in respect of the contract;

(e)the claim is brought in respect of a breach committed within the jurisdiction of a contract made within or out of the jurisdiction, and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach a committed out of the jurisdiction that rendered impossible the performance of so much of the contract as ought to have been performed within the jurisdiction;

(f)the claim is founded on a tort and the damage was sustained, or resulted from an act committed, within the jurisdiction;

(g)the whole subject-matter of the action is land situate within the jurisdiction (with or without rents or profits) or the perpetuation of testimony relating to land so situate;

(h)the claim is brought to construe, rectify, set aside or enforce an Ordinance, deed, will, contract, obligation or liability affecting land situate within the jurisdiction;

(i)the claim is made for a debt secured on immovable property or is made to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, situate within the jurisdiction;

(j)the claim is brought for any relief or remedy in respect of any trust over which the Court has jurisdiction under section 5 of the Trust Ordinance;

(k)the claim is made for the administration of the estate of a person who died domiciled within the jurisdiction or for any relief or remedy which might be obtained in any such action;

(l)the claim is brought in a probate action within the meaning of Order 76;

(m)[blank]

(n)[blank]

(o)[blank]

(p)[blank]

(q)the claim is made under the Control of Drugs (Trafficking) Ordinance;

(r)the claim is made under the Insurance Ordinance, the Banking Ordinance or the Trustee's Licensing Ordinance;

(s)the claim is made under the Criminal Justice (International Cooperation) Ordinance;

(t)the claim is brought for money had and received or for an account or other relief against the defendant as constructive trustee, and the defendant's alleged liability arises out of acts committed, whether by him or otherwise, within the jurisdiction;

(u)the claim is made under the United Kingdom Carriage by Air Act 1961, and the Carriage by Air (Supplementary Provisions) Act 1962, as applied to the Turks and Caicos Islands;

(v)the claim is brought against a person who is or was a director, officer or member of a company registered within the jurisdiction or who is a partner of a partnership whether generaJ or limited which is governed by the laws of the Islands and the subject of the matter of the claim relates in any way to such company or partnership or the status, rights or duties of such director, officer, member or partner in relation thereto.

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

(3)Where a writ is to be served out of the jurisdiction under paragraph (2) the time to be inserted in the writ within which the defendant served therewith must acknowledge service shall be 28 days, unless the court directs other period.

(4)For the purposes of this rule, and of rule 9 of this order domicile is to be determined in accordance with the common law.

2.

[blank]

3.

[blank]

4. Application for, and grant of, leave to serve writ out of jurisdiction (O. 11, r. 4)

(1)An application for the grant of leave under rule 1(1) must be supported by an affidavit stating—

(a)the grounds on which the application is made,

(b)that in the deponent's belief the plaintiff has a good cause of action,

(c)in what place or country the defendant is, or probably may be found, and

(d)Where the application is made under rule 1(1) (c), the grounds for the deponent's belief that there is between the plaintiff and the person on whom a writ has been served a real issue which the plaintiff may reasonably ask the Court to try.

(2)No such leave shal1 be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this order.

(3)[blank]

(4)An order granting under rule 1 leave to serve a writ out of the jurisdiction must limit a time within which the defendant to be served must acknowledge service.

5. Service of writ abroad: general (O. 11, r. 5)

(1)Subject to the following provisions of this rule, order 10, rule 1(1), (4), (5) and (6) and Order 65, rule 4, shall apply in relation to the service of a writ, notwithstanding that the writ is to be served out of the jurisdiction, save that the accompanying form of acknowledgment of service shall be modified in such manner as may be appropriate.

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

(3)A writ which is to be served out of the jurisdiction—

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

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

(4)[blank]

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

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

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

(c)by any other authority designated in respect of that country under the Hague Convention,

shall be evidence of the facts so stated.

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

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

(8)In this rule and rule 6 the "Hague Convention" means the Convention of the service abroad of judicial and extra-judicial documents in civil or commercial matters signed at the Hague on November 15, 1965.

6. Service of writ abroad through foreign governments, judicial authorities and British consuls (O. 11, r. 6)

(1)Save where a writ is to served pursuant to paragraph (2A) this rule does not apply to service in—

(a)the United Kingdom;

(b)any independent Commonwealth country;

(c)any associated state;

(d)any colony;

(e)the Republic of Ireland.

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

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

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

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

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

(b)if the law of that country permits—

i.through the judicial authorities of that country, or

ii.through a British consular authority in that country.

(3)Where in accordance with these rules a writ is to be served on a defendant in any country with respect to which there does not subsist a Civil Procedure Convention providing for service in that cow1try of process of the Supreme Court the writ may be served—

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

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

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

(5)Every copy of a writ lodged under paragraph (4) must be accompanied by a translation of the writ in the official language of the country, in which service is to be effected or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place in that country where service is to be effected:Provided that this paragraph shall not apply in relation to a copy of a writ which is to be served in a country the official language of which is, or the official languages of which include, English, or is to be served in any country by a British consular authority on a British subject, unless the service is to be effected under paragraph (2) and the Civil Procedure Convention with respect to that country expressly requires the copy to be accompanied by a translation.

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

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

7. Service of writ in certain actions under Acts (O. 11, r. 7)

(1)Subject to paragraph (4) where a person to whom leave has been granted under rule 1 to serve a writ on a State, as defined in section 14 of the State Immunity Act 1978, as extended to the Turks and Caicos Islands, wishes to have the writ served on that State, he must lodge in the Registry—

(a)a request for service to be arranged by the Governor, and

(b)a copy of the writ; and

(c)except where the official language of the State is, or the official languages of the State include, English, a translation of the writ in the official language or one of the official languages of that State.

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

(3)Documents duly lodged under this Rule shall be sent by the Registrar to the Governor with the request that the Governor arrange for the writ to be served.

(4)Where section 12(6) of the State Immunity Act applies and the State has agreed to a method of service other than that provided by the preceding paragraphs, the writ may be served either by the method agreed or in accordance with the preceding paragraphs of this rule.

8. Undertaking to pay expenses of service by Governor (O. 11, r. 8)

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

9. Service of originsating summons, petition, notice of motion, etc. (O. 11, r. 9)

(1)Subject to Order 73, rule 7, rule 1 of this Order shall apply to the service out of the jurisdiction of an originating summons, notice of motion or petition as it applies to service of a writ.

(2)[blank]

(3)[blank]

(4)Subject to Order 73, rule 7, service out of the jurisdiction of any summons, notice or order issued, given or made in any proceedings is permissible with the leave of the court but leave shall not be required for such service in any proceedings in which the writ, originating summons, motion or petition may by these rules or under any Ordinance be served out of the jurisdiction without leave.

(5)Rule 4 (1), (2) and (3) shall, so far as applicable, apply in relation to an application for the grant of leave under this rule as they apply in relation to an application for the grant ofleave under rule 1.

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

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

10. Service abroad of Magistrate’s Court process (O. 11, r. 10)

Rule 6(7) shall apply, with the necessary modifications, to any Magistrate's Court documents sent to the Registrar for service abroad and every certificate or declaration of service received by the Registrar in respect of such service shall be transmitted by him to the Magistrate concerned.

Order 12 – Acknowledgment of service of writ or originating summons

1. Mode of acknowledging service (O. 12, r. 1)

(1)Subject to paragraph (2) and to Order 80, rule 2, a defendant to an action begun by writ may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) acknowledge service of the writ and defend the action by an attorney or in person.

(2)The defendant to such an action who is a body corporate may acknowledge service of U1e writ and give notice of intention to defend the action either by an attorney or by a person duly authorised to act on the defendant's behalf but, except as aforesaid or as expressly provided by any enactment, such a defendant may not take any step in the action otherwise than by an attorney.

(3)Service of a writ may be acknowledged by properly completing an acknowledgment of service, as defined by rule 3 and banding it in at the Registry.

(4)If two or more defendants to an action acknowledge service by the same attorney and at the same time, only one acknowledgment of service need be completed and delivered for those defendants.

(5)The date on which service is acknowledge is the date on which the acknowledgment of service is received at the Registry.

2.

[blank]

3. Acknowledgment of service (O. 12, r. 3)

(1)An acknowledgment of service must be in Form O. 14 or 15 in Appendix A, whichever is appropriate, and, except as provided in rule 1(2) must be signed by the attorney acting for the defendant specified in the acknowledgment or, if the defendant is acting in person, by that defendant.

(2)An acknowledgment of service must specify—

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

(b)in the case of a defendant acknowledging service by an attorney, a business address (to which may, be added a numbered box at a document exchange) of his attorney's within the jurisdiction;

and where the defendant acknowledged service in person, the address within the jurisdiction specified under sub-paragraph (a) shall be his address for service, but otherwise his attorney's business address shall be his address for service.In relation to a body corporate the references in sub-paragraph (a) to the defendant's place of residence shall be construed as references to the defendant's registered or principal office.

(3)Where the defendant acknowledges service by an attorney who is acting as agent for another attorney having a place of business within the jurisdiction, acknowledgment of service must state that the first-named attorney so acts and must also state the name and address of that other attorney.

(4)If an acknowledgment of service does not specify the defendant's address for service or the Court is satisfied that any address specified in the acknowledgment of service is not genuine, the Court may on application by the plaintiff set aside the acknowledgment or order the defendant to give an address or, as the case may be, a genuine address for service and may in any case direct that the acknowledgement shall nevertheless have effect for the purposes of Order 10, rule 1 (5) and Order 65, rule 9.

4. Procedure on receipt of acknowledgment of service (O. 12, r. 4)

On receiving an acknowledgment service an officer of the Registry must—

(a)affix to the acknowledgment an official stamp showing the date on which he received it;

(b)enter the acknowledgment in the cause book with a note showing if it be the case, that the defendant has indicated in the acknowledgment an intention to contest the proceedings or to apply for a stay of execution in respect of any judgment obtained against him in the proceedings;

(c)make a copy of the acknowledgment, having affixed to it an official stamp showing the date on which he received the acknowledgment and send it by post other suitable means to the plaintiff or, as the case may be, his attorney at the plaintiffs address for service.

5. Time limited for acknowledging service (O. 12, r. 5)

References in these rules the time limited for acknowledging service are references—

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

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

6. Late acknowledgment of service (O. 12, r. 6)

(1)Except with the leave of the court, a defendant may not give notice of intention to defend in an action after judgment has been obtained therein.

(2)Except as provided by paragraph (1) nothing in these rules or any writ or order there under shall be constructed as precluding a defendant from acknowledging service in an action after the time limited for so doing, but if a defendant acknowledges service after that time. He shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other act later than if he had acknowledged service within that time.

7. Acknowledgment not to constitute waiver (O. 12, r. 7)

The acknowledgment by a defendant of service of a writ shall not be treated as a waiver by him of any irregularity in the writ or service thereof or in any order giving leave to serve the writ out of the jurisdiction or extending the validity of the writ for the purpose of service.

8. Dispute as to jurisdiction (O. 12, r. 8)

(1)A defendant who wishes to dispute the jurisdiction of the court in the proceedings by reason of any such irregularity as is mentioned in rule 7 or on any other ground shall give notice of intention to defend the proceedings and shall, within the time limited for service of a defence, apply to the court for—

(a)an order setting aside the writ or service of the writ on him, or

(b)an order declaring that the writ has not been duly served on him, or

(c)the discharge of any order giving leave to serve the writ on him out of the jurisdiction, or

(d)the discharge of any order extending the validity of the writ for the purpose of service, or

(e)the protection or release of any property of the defendant seized or threatened with seizure in the proceedings, or

(f)the discharge of any order made to prevent any dealing with any property of the defendant, or

(g)a declaration that in the circumstances of these case the court has no jurisdiction over the defendant in respect of the subject matter of the claim or the relief or remedy sought in the action, or

(h)Such other relief as may be appropriate.

(2)[blank]

(3)An application under paragraph (1) must be made—

(a)in an Admiralty action in rem, by motion;

(b)in any other action by summons,

and the notice of motion or summons must state the grounds of the application.

(4)An application under paragraph (1) must be supported by an affidavit verifying the facts on which the application is based and a copy of the affidavit must be served with the notice of motion or summons by which the application is made.

(5)Upon hearing an application under paragraph (1) the Court, if it does not dispose of the matter in dispute, may give such directions for its disposal as may be appropriate, including directions for the trial thereof as a preliminary issue.

(6)A defendant who makes an application under paragraph (1) shall not be treated as having submitted to the jurisdiction of the court by reason of his having given notice of intention to defend the action; and if the court makes no order on the application or dismisses it, the notice shall cease to have effect, but the defendant may, subject to rule 6 (1), lodge a further acknowledgment of service within 14 days or such other pe1iod as the Court may direct and in that case paragraph (7) shall apply as if the defendant had not made any such application.

(7)Except where the defendant makes an application in accordance with paragraph (1) the acknowledgment by a defendant of service of a writ shall, unless the acknowledgment is withdrawn by leave of the court under Order 21, rule 1, be treated as a submission by the defendant to the jurisdiction of the court in the proceedings.

8A. Application by defendant where writ not served (O. 12, r. 8A)

(1)Any person named as a defendant in a writ which has not been served on him may serve on the plaintiff a notice requiring him within a specified period not less than 14 days after service of the notice either to serve the writ on the defendant or to discontinue the action as against him.

(2)Where the plaintiff fails to comply with a notice under paragraph (1) within the time specified the Court may, on the application of the defendant by summons, order the action to be dismissed or make such other order as it thinks fit.

(3)A summons under paragraph (2) shall be supported by an affidavit verifying the facts on which the application is based and stating that the defendant intends to contest the proceedings and a copy of the affidavit must be served with the summons.

(4)Where the plaintiff serves the writ in compliance with a notice paragraph (1) or with an order under paragraph (2) the defendant must acknowledge service within the time limited for so doing.

9. Acknowledgment of service of originating summons (O. 12, r. 9)

(1)Each defendant named in and served with an originating summons (other than ex parte originating summons or an originating summons under order 113) must acknowledge service of the summons as if it were a writ.

(2)[blank]

(3)The foregoing rules of this Order shall apply in relation to an originating summons (other than ex parte originating summons or an originating summons under Order 113) as they apply to a writ except that after the word "extended", wherever it occurs in rule 5(a) there shall be inserted the words "or abridged" and for the reference in rule 5(b) to Order 11, rules 1(3) and 4(4) there shall be substituted a reference to Order 11 rule 9(6).

10. Acknowledgment of service to be treated as entry of appearance (O. 12, r. 10)

For the purpose of any enactment referring expressly or implied to the entry of appearance as a procedure provided by rules of court for responding to a writ or other process issuing out of the Supreme Court, or of any rule of1aw, the acknowledgment of service of the writ or other process in accordance with these rules shall be treated as the entry of an appearance to it, and related expressions shall be construed accordingly.

Order 13 – Failure to give notice of intention defend

Claim for liquidated demand (O. 13, r. 1)

(1)Where a writ is indorsed with a claim against a defendant for a liquidated demand only, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.

(2)A claim shall not be prevented from being treated for the purposes of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest under section 101B of the Civil Procedure Ordinance at a rate which is not higher than that payable on judgment debts at the date of the writ.

Claim for unliquidated damages (O. 13, r. 2)

Where a writ is indorsed with a claim against a defendant for liquidated damages only, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any.

3. Claim for detention of goods (O. 13, r. 3)

(1)Where a writ is indorsed with a claim against a defendant relating to the detention of goods only, then, if that defendant fails to give notice of intention to defend the plaintiff may, after the prescribed time and subject to Order 42, rule 1A—

(a)At his option enter either—

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

(ii)interlocutory judgment for the value of the goods to be assessed and cost, or

(b)Apply by summons for judgment against that defend for delivery of the goods without giving him the alternative of paying their assessed value and in any case proceed with the action against the other defendants, if any.

(2)A summons under paragraph (1)(b) must be supported by affidavit and notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.

4. Claim for possession of land (O. 13, r. 4)

(1)Where a writ is indorsed with a claim against a defendant for possession of land only, then, subject to paragraph (2) if that defendant fails to give notice of intention to defend the plaintiff may, after the prescribed time, enter judgment for possession of the land as against that defendant and costs, and proceed with the action against the other defendants, if any.

(2)Notwithstanding anything in paragraph (1) the plaintiff shall not be entitled, except with the leave of the com1, to enter judgment under that paragraph unless he produces a certificate by his attorney, or (if he sues in person) an affidavit, stating that either the claim does not relate to a dwelling-house or that the claim relates to a dwelling-house which is not subject to any statutory restrictions on the recovery of possession for the time being in force.

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

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

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

5. Mixed claims (O. 13, r. 5)

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

6. Other claims (O. 13, r. 6)

(1)Where a writ is indorsed with a claim of a description not mentioned in rules 1 to 4 then, if any defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time and, if that defendant has not acknowledged service, upon filing an affidavit proving due service of the writ on him and, where the statement of claim was not indorsed on or served with the writ, upon serving a statement of claim on him, proceed with the action as if that defendant had given notice of intention to defend.

(2)Where a writ issued against a defendant is indorsed aforesaid, but by reason of the defendant's satisfying the claim or complying with the demands thereof or any other like reason it has become necessary for the plaintiff to proceed with the action, then, if the defendant fails to give notice of intention to defend, the plaintiff may, after the time limited for appearing, enter judgment with the leave of the court against that defendant for costs.

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

6A. Prescribed time (O. 13, r. 6a)

ln the foregoing rules of this Order "the prescribed time" in relation to a writ issued against a defendant means the time limited for the defendant to acknowledge service of the writ or, if within that time the defendant has returned to the appropriate office an acknowledgment of service containing a statement to the effect that he does not intend to contest the proceedings, the date on which the acknowledgment was received at the appropriate office.

7. Proof of service of writ (O. 13, r. 7)

(1)Judgment shall not be entered against defendant under this Order unless—

(a)the defendant has acknowledged service on him of the writ; or

(b)an affidavit is filed by or on behalf of the plaintiff proving due service of the writ on the defendant; or

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

(2)Where, in an action begun by writ, an application is made to the court for an order affecting a party who has failed to give notice of intention to defend, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party failed to give such notice.

7A. Judgment against a State (O. 13, r. 7a)

(1)Where the defendant is a State, as defined in section 14 of the State Immunity Act 1978 as applied in the Turks and Caicos Islands ('the Act") the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the Court.

(2)An application for leave to enter judgment shall be supported by an affidavit—

(a)stating the grounds of the application,

(b)verifying the facts relied on as excepting the State from the immunity conferred by section 1 of the Act; and

(c)verifying that the writ has been served by being transmitted through the Governor to the Ministry of Foreign Affairs of the State, or in such other manner as may have been agreed to by the State, and that the time for acknowledging service, as extended by section 12(2) of the Act (by two months) where applicable, has expired.

(3)The application may be made ex parte but the Court hearing the application may direct a summons to be issued and served on that state, for which purpose such a direction shall include leave to serve the summons and a copy of the affidavit out of the jurisdiction.

(4)Unless the Court otherwise dfrects, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof, and the grant of leave to enter judgment under this Order shall include leave to serve out of the jurisdiction—

(a)a copy of the judgment, and

(b)a copy of the affidavit, where not already served.

(5)The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with the rule shall be the same as for the service of the writ under Order 11, rule 7(1) except where section 12(6) of the Act applies and an alternative method of service has been agreed.

8. Stay of execution on default judgment (O. 13, r. 8)

Where the judgment for a debt or liquidated demand is entered under the Order against a defendant who has returned to the Registry an acknowledgment of service containing a statement to the effect that, although he does not intend to contest the proceedings, he intends to apply for a stay of execution of the judgment by writ of seizure and sale, execution of the judgment by such a writ shall be stayed for a period of 14 days from the acknowledgment of service and, if within that time the defendant issues and serves on the plaintiff a summons for such a stay supported by an affidavit in accordance with Order 47, rule 1, the stay imposed by this rule shall continue until the summons is heard or otherwise disposed of, unless the Court after giving the parties an opportunity of being heard otherwise directs.

9. Setting aside judgment (O. 13, r. 9)

Without prejudice to Rule 7(3) and (4) the Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuit of this order.

Order 14 – Summary judgment

1. Application by plaintiff for summary judgment (O. 14, r. l)

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

(2)Subject to para&rraph (3) this rule applies to every action begun by writ other than—

(a)an action which includes a claim by the plaintiff for libel, slander, false prosecution, false imprisonment or seduction,

(b)[blank]

(c)an Admiralty action in rem.

(3)This Order shall to apply to an claim to which order 86 applies.

2. Manner in which application under rule 1 must be made (O. 14, r. 2)

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

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

(3)The summons, a copy of the affidavit in support and of any exhibits referred to therein must be served on the defendant not less than 10 clear days before the return day.

3. Judgment for plaintiff (O. 14, r. 3)

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

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

4. Leave to defend (O. 14, r.4)

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

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

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

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

(a)to produce any document;

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

5. Application for summary judgment on counterclaim (O. 14, r. 5)

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

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

(a)references to the plaintiff and defendant shall be construed as references to the defendant and plaintiff respectively;

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

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

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

6. Directions (O. 14, r. 6)

(1)Where the Court—

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

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

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

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

7. Costs (O. 14, r. 7)

(1)If the plaintiff makes an application under rule 1 where the case is not within this Order or if it appears to the Court that the plaintiff knew the defendant relied on a contention which would entitle him to unconditional leave to defend, then, without prejudice to Order 62, and, in particular, to paragraphs (1) and (2) of rule 8 of that Order, the Court may dismiss the application with costs and may, if the plaintiff is not an assisted person. require the costs to be paid by him forthwith.

(2)The Court shall bave the same power to dismiss an application under rule 5 as it has under paragraph (1) to dismiss an application under rule 1 and that paragraph shall apply accordingly with the necessary modifications.

8. Right to proceed with residue of action or counterclaim (O. 14, r. 8)

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

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

9. Judgment for the delivery up of chattel (O. 14, r. 9)

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

10. Relief against forfeiture (O. 14, r. 10)

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

11. Setting aside judgment (O. 14, r. 11)

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

Order 14A – Disposal of case on point of law

1. Determination of questions of law or construction (O. 14A, r. 1)

(1)The court may upon the application of a party or of its own motion determine any question of law or construction of any document arising in any cause or matter at any stage of the proceedings where it appears to the Court that—

(a)such question is suitable for determination without a full trial of the action, and

(b)such determination will finally determine (subject only to any possible appeal) the entire cause or matter or any claim or issue therein.

(2)Upon such determination the Court may dismiss the cause or matter or make order or judgment as it thinks just.

(3)The Court shall not determine any question under this Order unless the parties have either—

(a)had an opportunity of being heard on the question, or

(b)consented to an order or judgment on such determination.

(4)The jurisdiction of the court under this Order may be exercised by the Registrar.

(5)Noting in this Order shall limit the powers of the court under order 18, rule 19, or any other provision of these rules.

Order 15 – Causes of action, counterclaims and parties

1. Joinder of causes of action (O. 15, r. 1)

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

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

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

(c)with the leave of the court.

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

2. Counterclaim against plaintiff (O. 15, r. 2)

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

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

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

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

3. Counterclaim against additional parties (O. 15, r. 3)

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

(2)Where a defendant joins a person as a party against whom he makes a counterclaim, he must add that person's name to the title of the action and serve on him a copy of the counterclaim and, in the case of a person who is not already a party to the action, the defendant must issue the counterclaim out of the Registry and serve on the person concerned a sealed copy of the counterclaim, together with a form of acknowledgment of service in Form No. 14 in Appendix A (with such modifications as the circumstances may require) and a copy of the writ or originating summons by which the action was begun and of all other pleadings served in the action; and a person on whom a copy of a counterclaim is served under this paragraph shall, if he is not already a party to the action, become a party to it as from the time of service with the same rights in respect of his defense to the counterclaim and otherwise as ifhe had been duly sued in the ordinary way by the party making the counterclaim.

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

(4)[blank]

(5)Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on a person who is not already a party to the action, the following provisions of these rules, namely, Order 6, rule 7(3) and (5), Order 10, Order 11, Orders 12 and 13 and Order 75, rule 4, shall apply in relation to the counterclaim and the proceedings arising from it as if—

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

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

(5A)Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on any person other than the plaintiff who before service is already a party to the action, provisions of Order 14, rule 5 shall apply in relation to the counterclaim and the proceedings arising there from, as if the party against whom the counterclaim is made were the plaintiff in the action.

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

(7)Joinder of parties (O. 15, r. 4)

(1)Subject to rule 5(1) two or more persons may be joined together in one action as plaintiffs or as defendants with the leave of the court or where—

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

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

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

(8)Court may order separate trials, etc (O. 15, r. 5)

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

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

6. Misjoinder and nonjoinder (O. 15, r. 6)

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

(2)Subject to the provisions of this rule, at any stage of the proceedings in any cause or matter the Court may on such terms as it thinks just and either of its own motion or on application—

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

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

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

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

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

(4)No person shall be as a plaintiff without his consent signified in or in such other manner as may be authorized.

(5)No person shall be added or substituted as a party after the expiry of any relevant period of limitation unless the relevant period was current at the date when proceedings were commenced and it is necessary for the determination of the action that the new party should be added, or substituted.

(6)Except in a case to which the law of another country relating to limitation applies, and the law of the Turks and Caicos Islands does not apply, the addition or substitution of a new party shall be treated as necessary for the purposes of paragraph (5) if, and only if, the Court is satisfied that—

(a)the new party is a necessary party to the action in that property is vested in him at law or in equity and the plaintiffs claim in respect of an equitable interest in that property is liable to be defeated unless the new party is joined, or

(b)the relevant cause of action is vested in the new party and the plaintiff jointly but not severally, or

(c)the new party is the Attorney General and the proceedings should have been brought by relater proceedings in his name, or

(d)the new party is a company in which the plaintiff is a shareholder on whose behalf the plaintiff is suing to enforce a right vested in the company, or

(e)the new party is sued jointly with the defendant and is not also liable severally with him and failure to join the new party might render the claim unenforceable.

6A. Proceedings against estates (O. 15, r. 6A)

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

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

(3)An action purporting to have been commenced against a person shall be treated, if he was dead at its commencement, as having been commenced against his estate in accordance with paragraph (1), whether or not a grant of probate or administration we made before it commencement.

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

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

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

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

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

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

7. Change of parties by reason of death, etc. (O. 15, r. 7)

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

(2)Where at any stage of proceedings in any cause or matter the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may, if it thinks it necessary in order to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, order that other person to be made a party to the cause or matter and the proceedings to be carried on as ifhe had been substituted for the first mentioned party.An application for an order under this paragraph may be made ex parte.

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

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

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

(4)The person on whose application an order is made under this rule must procurn the order to be noted in the cause book, and after the order has been so noted that person must, unless the Court otherwise directs, serve the order on every other person who is a party to the cause or any person who becomes a defendant a copy of the writ or originating summons by which the cause or matter was begun and of all other pleadings served in the proceedings and a form of acknowledgment of service in Form 14 or 15 in Appendix A, whichever is appropriate.

(5)Any application to the court by a person served with an order made ex parte under this rule for the discharge or variation of the order must be made within 14 days after the service of the order on that person.

8. Provisions consequential on making or order under rule 6 or 7 (O. 15, r. 8)

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

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

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

and the amendment must be made within such period as may be specified in the order or, if no period is so specified, within 14 days after the making of the order.

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

(2A)Together with the writ of summons served paragraph under paragraph (2) shall be served a copy of all other pleadings served in the action.

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

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

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

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

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

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

9. Failure to proceed after death of party (O. 15, r. 9)

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

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

10. Actions for possession of land (O. 15, r. 10)

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

(2)An application by any person for an order under this rule may be made ex parte, supported by an affidavit showing that he is possession of the land in question and if by a tenant, naming him. The affidavit shall specify the applicant's address for service and Order 12, rule 3(2), (3) and (4) shall apply as if the affidavit were an acknowledgment of service.

(3)A person added as a defendant by an order under this rule shall serve on the plaintiff a copy of the order giving the added defendant's address for service specified in accordance with paragraph (2).

11. Relator actions (O. 15, r. 11)

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

12. Representative proceedings (O. 15, r. 12)

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

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

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

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

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

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

12A. Derivative actions (O. 15, r. 12A)

(1)This rule applies to every action begun by writ by one or more shareholders of a company where the cause of action is vested in the company and relief is accordingly sought on its behalf (referred to in this rule as a "derivative action").

(2)Where a defendant in a derivative action has given notice of intention to defend, the plaintiff must apply to the Court for leave to continue the action.

(3)The application must be supported by an affidavit verifying the facts on which the claim and the entitlement to sue on behalf of the company are based.

(4)Unless the Court otherwise orders, the application must be issued within 21 days after the relevant date, and must be served, together with the affidavit in support and any exhibits to the affidavit, not less than 10 clear days before the return day on all defendants who have given notice of intention to defend; any defendant so served may show cause against the application by affidavit or otherwise.

(5)In paragraph (4), "the relevant date" means the later of

(a)the date of service of the statement of claim;

(b)the date when notice of intention to defend was given (provided that, where more than one notice of intention to defend is given, that date shall be the date when the first notice was given).

(6)Nothing in this rule shall prevent the plaintiff from applying for interlocutory relief pending the determination of an application for leave to continue the action.

(7)In a derivative action, Order 18, rule 2(1) (time for service of defence) shall not have effect unless the Court grants leave to continue the action and, in that case, shall have effect as if it required the defendant to serve a defence within 14 days after the order giving leave to continue, or within such other period as the Court may specify.

(8)On the hearing of the application under paragraph (2), the Court may

(a)grant leave to continue the action, for such period and upon such terms as the Court may think fit;

(b)subject to paragraph (11), dismiss the action;

(c)adjourn the application and give such directions as to joinder of parties, the filing of further evidence, discovery, cross examination of deponents and otherwise as it may consider expedient.

(9)If the plaintiff does not apply for leave to continue the action as required by paragraph (2) within the time laid down in paragraph (4), any defendant who has given notice of intention to defend may apply for an order to dismiss the action or any claim made in it by way of derivative action.

(10)On the hearing of such an application for dismissal, the Court may

(a)subject to paragraph (11), dismiss the action;

(b)if the plaintiff so requests, grant the plaintiff (on such terms as to costs or otherwise as the Court may think fit) an extension of time to apply for leave to continue the action; or

(c)make sure other order as may in the circumstances be appropriate.

(11)Where only part of the relief claimed in the action is sought on behalf of the company, the Court may dismiss the claim for that part of the relief under paragraphs (8) and (10), without prejudice to the plaintiffs right to continue the action as to the remainder of the relief and Order 18, rule 2(1) shall apply as modified by paragraph (7).

(12)If there is a material change in circumstances after the Court has given leave to the plaintiff to continue the action in pursuance of an application under paragraph (2), any defendant who has given notice of intention to defend may make an application supported by affidavit requiring the plaintiff to show cause why the Court should not dismiss the action or any claim made in it by way of derivative action. On such application the Court shall have the same powers as it would have had upon an application under paragraph (2).

(13)The plaintiff may include in an application under paragraph (2) an application for an indemnity out of the assets of the company in respect of costs incurred or to be incurred in the action and the court may grant such indemnity upon such terms as may in the circumstances be appropriate.

(14)So far as possible, any application under paragraph (13) and any application by the plaintiff under Order 14 shall be made so as to be heard at the same time as the application under paragraph (2).

13. Representation of interested persons who cannot be ascertained, etc. (O. 15, r. 13)

(1)In any proceedings concerning

(a)the estate of a deceased person, or

(b)property subject to a trust, or

(c)the construction of a written instrument, including a statue,

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

(2)The conditions for the exercise of the power conferred by paragraph (1) are as follows:—

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

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

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

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

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

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

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

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

13A. Notice of action to non-parties (O. 15, r. 13A)

(1)At any stage in an action to which this rule applies, the Court may, on the application of any party or of its own motion, direct that notice of the action be served on any person who is not a party thereto but who will or may be affected by any judgment given therein.

(2)An application under this rule may be made ex parte and shall be supported by an affidavit stating the grounds of the application.

(3)Every notice of an action under this rule shall be in Form No. 52 in Appendix A and shall be issued out of the Registry, and the copy to be served shall be a sealed copy accompanied by a copy of the originating summons or writ and of all other pleadings served in the action, and by a form of acknowledgment of service in Form No. 14 or 15 in Appendix A with such modifications as may be appropriate.

(4)A person may, within 14 days of service on him of a notice under this rule, acknowledge service of the writ or originating summons and shall thereupon become a party to the action, but in default of such acknowledgment and subject to paragraph 5 he shall be bound by any judgment given in the action as if he was a party thereto.

(5)If at any time after service of such notice on any person the writ or originating summons is amended so as substantially to alter the relief claimed, the Court may direct that the judgment shall not bind such person unless a further notice together with a copy of the amended writ or originating summons is issued and served upon him under this rule.

(6)This rule applies to any action relating to:

(a)the estate of a deceased person, or

(b)property subject to a trust.

(7)Order 6, rule 7 (3) and (5) shall apply in relation to a notice of an action under this rule as if the notice were a writ and the person by whom the notice is issued were the plaintiff.

14. Representation of beneficiaries by trustee, etc. (O. 15, r. 14)

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

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

15. Representation of deceased person interested in proceedings (O. 15, r. 15)

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

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

16. Declaration judgment (O. 15, r. 16)

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

17. Conduct of proceedings (O.15, r. 17)

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

Order 16 – Third party and similar proceedings

1. Third party notice (O. 16, r. 1)

(1)Where in any action a defendant who has given notice of intention to defend—

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

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

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

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

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

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

2. Application for leave to issue third party notice (O. 16, r. 2)

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

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

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

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

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

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

3. Issue, service and acknowledgment of service, of third party notice (O. 16, r. 3)

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

(2)There must be served with every third party notice a copy of the writ or originating summons by which the action was begun and of the pleadings (if any) served in the action and a form of acknowledgment of service in Form No. 14 in Appendix A with such modifications as may be appropriate.

(3)Service of a third party notice may be acknowledged by properly completing an acknowledgment of service and handling it in at the Registry.

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

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

(b)the defendant issuing the third party notice was a plaintiff and the person against whom it is issued a defendant in that action:

provided that in the application of Order 11, rule 1(1)(c) leave may be granted to serve a third party notice outside the jurisdiction on any necessary or proper party to the proceedings brought against the defendant.

4. Third party directions (O. 16, r. 4)

(1)If the third party gives notice of intention to defend, the defendant who issued the third party notice must, by summons to be served on all the other parties to the action, apply to the court for directions.

(2)If no summons is served on the third party under paragraph (1) the third party may, not earlier than seven days after giving notice of intention to defend by summons to be served on all other parties to the action, apply to the court for directions or for an order to set aside the third party notice.

(3)On an application for direction under this rule the Court may—

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

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

(c)dismiss the application and terminate the proceedings on the third party notice;

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

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

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

5. Default of third party, etc. (O. 16, r. 5)

(1)If a third party does not give notice of intention to defend or, having been ordered to serve a defence, fails to do so—

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

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

(2)If a third party of the defendant by whom a third party notice was issued makes default in serving any pleading which he is ordered to serve, the Court may, on the application by summons of the defendant or the third party, as the case may be, order such judgment to be entered for the applicant as he is entitled to on the pleadings or may make such other order as may appear to the Court necessary to do justice between the parties.

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

6. Setting aside third party proceedings (O. 16, r. 6)

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

7. Judgment between and third party (O. 16, r. 6)

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

(2)Where judgment is given for the payment of any contribution or indemnity to a person who is under a liability to make a payment in respect of the same debt or damage, execution shall not issue on the judgment without the leave of the Court until that liability has been discharged.

(3)For the purpose of paragraph (2) "liability" includes liability under a judgment in the same or other proceedings.

8. Claims and issues between a defendant and some other party (O. 16, r. 8)

(1)Where in any action a defendant who has given notice of intention to defend—

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

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

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

(3)No acknowledgment of service of such a notice shall be necessary if the person on whom it is served has acknowledged service of the writ or originating summons in the action or is a plaintiff therein, and the same procedure shall be adopted for the determination between the defendant by whom and the person on whom, such a notice is served of the claim, question or issue stated in the notice as would be appropriate under a notice to be served of the claim, question or issue stated in the notice as would be appropriate under this Order if the person served with the notice were a third party and (where he has given notice of intention to defend the action or is a plaintiff) had given notice to defend the claim, question or issue.

(4)Rule 4(2) shall have effect in relation to proceedings on a notice issued under this rule as if for the words "7 days after giving notice of intention to defend" there were substituted the words "14 days after service of the notice on him".

9. Claims by third and subsequent parties (O. 16, r. 9)

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

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

(3)A third party may not issue a notice under rule 1 without the leave of the Court unless the action in question was begun by writ and he issues the notice before the expiration of 14 days after the time limited for acknowledging service of the notice issued against him.

10. Offer of contribution (O. 16, r. 10)

(1)If, at any time after he has acknowledged service, a party to an action, who stands to be held liable in the action to another party to contribute towards any debt or damages and which may be recovered against that other party in the action, makes (without prejudice to his defence) a written offer to that party to contribute to a specified extent to the debt or damages, then, subject to paragraph (2) notwithstanding that he reserves the right to bring the offer to the attention of the judge at the trial, the offer shall not be brought to the attention of the Judge until after all questions of liability and amount of debt or damages have been decided.

(2)Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remaining to be tried separately, any party may bring to the attention of the judge the fact that a written offer under paragraph (1) has or has not been made and the date (but not the amount) of such offer or of the first such offer if more than one.

11. Counterclaim by defendant (O. 16, r. 11)

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

Order 17 – Interpleader

1. Entitlement to relief by way of interpleader (O. 17, r. 1)

(1)Where—

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

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

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

(2)References in this Order to a bailiff shall be construed as including references to any other officer charged with the execution of process by or under the authority of the Supreme Court.

2. Claim to goods, etc., taken in execution (O. 19, r. 2)

(1)Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken in execution under process of the court, or to the proceeds or value of any such goods or chattels, must give notice of his claim to the bailiff charged with the execution of the process and must include in his notice a statement of his address, and that address shall be his address for service.

(2)On receipt of a claim made under this rule the bailiff must forthwith give notice thereof to the execution creditor and the execution creditor must, within seven days after receiving the notice, give notice to the bailiff informing him whether he admits or disputes the claim.An execution creditor who gives notice in accordance with this paragraph admitting a claim shall only be liable to the bailiff for any fees and expenses incurred by the bailiff before receipt of that notice.

(3)Where—

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

(b)the claim made under this rule is not withdrawn, the bailiff may apply to the court for relief under this Order.

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

3. Mode of application (O. 17, r. 3)

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

(2)Where the applicant is a bailiff who has withdrawn from possession of money, goods or chattels taken in execution and who is applying for relief under rule 2(4) the summons must be served on any person who made a claim under that rule to or in respect of that money or those goods or chattels, and that person may attend the hearing of the application.

(3)An originating summons under this rule shall be in Form No. 10 in Appendix A.

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

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

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

(c)is willing to pay or transfer that subject-matter into court or to dispose of it as the Court may direct.

(5)Where the applicant is a bailiff, he shall not provide such evidence as is referred to in paragraph (4) unless directed by the court to do so.

(6)Any person who makes a claim under rule 2 and who is served with a summons under this rule shall within 14 days serve on the execution creditor and the bailiff an affidavit specifying any money and describing any goods and chattels claimed and setting out the grounds upon which such claim is based.

(7)Where the applicant is a bailiff a summons under this rule must give a notice of the requirement in paragraph (6).

4 To whom bailiff may apply for relief (O. 17, r. 4)

An application to the court for relief under this Order may, if the applicant is a bailiff, be made to the Registrar.

5. Powers of court hearing summons (O. 17, r. 5)

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

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

(2)Where—

(a)the applicant on a summons under this Order is a bailiff, or

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

(c)the questions at issue between the claimants is a question of law and the facts are not in dispute,

the Court may summarily determine the question at issue between the claimants and make an order accordingly on such terms as may be just.

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

6. Power to order sale of goods taken in execution (O. 17, r. 6)

Where an application for relief under this Order is made by a bailiff who has taken possession of any goods or chattels in execution under any process, and a claimant alleges that he is entitled, under a bill of sale or otherwise, to the goods or chattels by way of security for debt, the Court may order those goods or chattels or any part thereof to be sold and may direct that the proceeds of sale be applied in such manner and on such terms as may be just and as may be specified in the order.

7. Power to stay proceedings (O. 17, r. 7)

Where a defendant to an action applies for relief under this Order in the action, the Court may by order stay all further proceedings in the action.

8. Other powers (O. 17, r. 8)

Subject to the foregoing rules of this Order, the Court may in or for the purposes of any interpleader proceedings make such order as to costs or any other matter as it thinks just.

9. One order in several causes or matters (O. 17, r. 9)

Where the Court considers it necessary or expedient to make an order in any interpleader proceedings in several causes or matters, the Court may make such an order, and the order shall be entitled in all those causes or matters and shall be binding on all the parties to them.

10. Discovery (O. 17, r. 10)

Orders 24 and 26 shall, with the necessary modifications, apply in relation to an interpleader issue as they apply in relation to any other cause or matter.

11. Trial of interpleader issue (O. 17, r. 11)

(1)Order 35 shall, with the necessary modifications, apply to the trial of an interpleader issue as it applies to the trial of an action.

(2)The Court by whom an interpleader issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the interpleader proceedings.

Order 18 – Pleadings

1. Service of statement of claim (O. 18, r. 1)

Unless the Court gives leave to the contrary or a statement of claim is indorsed on the writ, the plaintiff must serve a statement of claim on the defendant or, if there are two or more defendants, on each defendant, and must do so either when the writ is served on that defendant or at any time after service of the writ but before the expiration of 14 days after that defendant gives notice of intention to defend.

2. Service of defence (O. 18, r. 2)

(1)Subject to paragraph (2), a defendant wbo gives notice of intention to defend an action must, unless the Court gives leave to the contrary, serve a defence on every other party to the action who may be affected thereby before the expiration of 14 days after the time limited for acknowledging service of the writ or after the statement of claim is served on him whichever is the later.

(2)If a summons under Order 14, rule l, or under Order 86, rule 1, is served on a defendant before he serves his defence, paragraph (1) shall not have effect in relation to him unless by the order made on the summons he is given leave to defend the action and, in that case, shall have effect as if it required him to serve his defence within 14 days after the making of the Order or within such other period as may be specified therein.

(3)Where an application is made by a defendant under Order 12, rule 8(1), paragraph (1) of this rule shall not have effect in relation to the defendant unless the application is dismissed or no order is made on the application and, in that case, paragraph (1) shall have effect as if it required him to serve his defence within 14 days after the final determination of the application or within such other period as may be specified by the Court.

(4)Paragraph (1) is subject to the provisions of Order 15, rule 12A (7) (derivative actions).

3. Service of reply and defence to counterclaim (O. 18, r. 3)

(1)A plaintiff on whom a defendant serves a defence must serve a reply on that defendant if it is needed for compliance with rule 8; and if no reply is served, rule 14(1) will apply.

(2)A plaintiff on whom a defendant serves a counterclaim must if he intends to defend it, serve on that defendant a defence to counterclaim.

(3)Where a plaintiff serves both a reply and a defence to counterclaim on any defendant, he must include them in the same document.

(4)A reply to any defence must be served by the plaintiff before the expiration of 14 days after the service on him of that defence, and a defence to counterclaim must be served by the plaintiff before the expiration of 14 days after the service on him of the counterclaim to which it relates.

4. Pleadings subsequent to reply (O. 18, r. 4)

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

5.

[blank]

6. Pleadings: Formal requirements (O. 18, r. 6)

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

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

(b)the title of the action

(c)[blank]

(d)the description of the pleading, and

(e)the date on which it was served.

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

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

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

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

(b)in any other case, with the name or finn and business address of the attorney by whom it was served and also (if the attorney is the agent of another) the name of finn and business address of his principal.

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

7. Facts, not evidence, to be pleaded (O. 18, r. 7)

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

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

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

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

7A. Conviction, etc. to be adduced in evidence: Matters to be planned (O. 18, r. 7A)

(1)If in any action which is to be tried with pleadings any paity intends to adduce evidence that a person was convicted of an offence by or before a court in the Turks and Caicos Islands or elsewhere, he must include in his pleading a statement of his intention with particulars of—

(a)the conviction and the date thereof,

(b)the court which made the conviction, and

(c)the issue in the proceedings to which the conviction is relevant.

(2)If in any action which is to be tried with pleadings any party intends to adduce evidence that a person was found guilty of adultery in matrimonial proceedings or has been found to be the father of a child in relevant proceedings before any court in the Turks and Caicos Islands or has been adjudged to be the father of a child in affiliation proceedings before a court in the Turks and Caicos Islands, he must include in his pleading a statement of his intention with particulars of—

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

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

(c)the issue in the proceedings to which the finding or adjudication is relevant.

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

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

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

(c)denies that the conviction, finding or adjudication is relevant to any issue in the proceedings,

he must make the denial or allegation in his pleading.

8. Matters which must be specifically pleaded (O. 18, r. 8)

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

(a)which he alleges makes any claim or defence of the opposite party not maintainable, or

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

(c)which raises issues of fact not arising out of the preceding pleading.

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

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

(4)A party must plead specifically any claim for interest however it arises, and all facts relied upon in support of the claim.

9. Matter may be pleaded whenever arising (O. 18, r. 9)

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

10. Depature (O. 18, r. 10)

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

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

11. Point of law may be pleaded (O. 18, r. 11)

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

12. Particulars of pleading (O. 18, r. 12)

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

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

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

(c)where a claim for damages is made against a party pleading, particulars of any facts on which the party relies in mitigation of, or otherwise in relation to, the amount of damages.

(1A)Subject to paragraph (lB), a plaintiff in an action for personal injuries shall serve with his statement of claim—

(a)a medical report, and

(b)a statement of the special damages claimed.

(1B)Where the documents to which paragraph (lA) applies are not served with the statement of claim, the Court may—

(a)specify the period of time within which they are to be provided, or

(b)make such other order as it thinks fit (including an order dispensing with the requirement of paragraph (IA) or staying the proceedings).

(1C)For the purpose of this rule,"medical report·' means a report substantiating all the personaJ injuries alleged in the statement of claim which the plaintiff proposes to adduce in evidence as part of his case at the trial;"a statement of the special damages claimed" means a statement giving full particulars of the special damages claimed for expenses and losses already incurred and an estimate of any future expenses and losses (including loss of earnings and of pension rights).

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

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

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

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

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

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

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

(7)Where particulars are given pursuant to a request, or order of the court, the request or order shall be incorporated with the particulars, each item of the particulars following immediately after the corresponding item of the request or order.

13. Admissions and denials (O. 18, r. 13)

(1)Any allegation of fact made by a party in his pleading is deemed to be admitted by the opposite party unless it is traversed by that party in his pleading or a joinder of issue under rule 14 operates as a denial of it.

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

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

14. Denial by joinder of issue (O. 18, r. 14)

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

(2)Subject to paragraph (3)—

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

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

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

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

15. Statement of claim (O. 18, r. 15)

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

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

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

16. Defence of tender (O. 18, r. 16)

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

17. Defence of set-off (O. 18, r. 17)

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

18. Counterclaim and a defence to counterclaim (O. 18, r. 18)

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

(a)Rules 12(1A), (1B) and l(C) and 15(1) shall apply to a counterclaim as if the counterclaim were a statement of claim and the defendant making it a plaintiff;

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

19. Striking out pleadings and indorsements (O. 18, r. 19)

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

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

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

(c)it may prejudice, embarrass or delay tbe fair trial of the action; or

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

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

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

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

20. Close of pleadings (O. 18, r. 20)

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

(a)at the expiration of 14 days after service of the reply or, if there is no reply but only a defence to counterclaim, after service of the defence to counterclaim or

(b)if neither a reply nor a defence to counterclaim is served, at the expiration of 14 days after service of the defence.

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

21. Trial without pleadings (O. 18, r. 21)

(1)Where in an action to which this rule applies any defendant has given notice of intention to defend in the action, the plaintiff or that defendant may apply to the court by summons for an order that the action shall be tried without pleadings or further pleadings, as the case may be.

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

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

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

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

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

Order 19 – Default of pleadings

1. Default in service of statement of claim (O. 19, r. 1)

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

2. Default of defence: Claim for liquidated demand (O. 19, r. 2)

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

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

3. Default of defence: Claim for unliquidated damages (O. 19, r. 3)

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

4. Default of defence: Claim for detention of goods (O. 19, r. 4)

(1)Where the plaintiffs claim against a defendant relates to the detention of goods only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for the service of the defence and subject to Order 42, rule lA,—

(a)at his option, enter either—

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

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

(b)apply by summons for judgment against that defendant for delivery of the goods without giving him the alternative of paying their assessed value, and in any case proceed with the action against the other defendants, if any.

(2)A summons under paragraph (1)(b) must be supported by affidavit and, notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.

5. Default of defence: Claim for possession of land (O. 19, r. 5)

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

(2)Notwithstanding anything in paragraph (1), the plaintiff shall not be entitled, except with the leave of the Court, to enter judgment under that paragraph unless he produces a certificate by his attorney, or (if he sues in person) an affidavit, stating either that the claim does not relate to a dwelling-house or that the claim relates to a dwelling-house which is not subject to any statutory restrictions on the recovery of possession for the time being in force.

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

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

6. Default of defence: Mixed claims (O. 19, r. 6)

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

7. Default of defence: Other claims (O. 19, r. 7)

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

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

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

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

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

8. Default on defence to counterclaim (O. 19, r. 8)

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

9. Setting aside judgment (O. 19, r. 9)

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

Order 20 – Amendment

1. Amendment of writ without leave (O. 20, r. 1)

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

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

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

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

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

(c)(without or prejudice to rule 3(1)) an amendment of the statement of claim (if any) indorsed on the writ,

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

2. Amendment of acknowledgment of service (O. 20, r. 2)

(1)Subject to paragraph (2) a party may not amend his acknowledgment of service without the leave of the court.

(2)A party whose acknowledgment of service contains a statement to the effect that—

(a)he does, or

(b)he does not

intend to contest the proceedings to which the acknowledgment relates may, without the leave of the court, amend the acknowledgment by substituting for that statement a statement to the opposite effect, provided that in a case falling under sub-paragraph (b) the amendment is made before judgment has been obtained in the proceedings.

(3)Where an acknowledgement of service is authorised to be amended under this rule, a fresh acknowledgment, amended as so authorised, must be handed in at the Registry, and Order 12, rule 4, shall apply.

3. Amendment of pleadings without leave (O. 20, r. 3)

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

(2)Where an amended statement of claim is served on a defendant—

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

(b)the period of service of his defence or amended defence, as the case may be, shall be either the period fixed by or under these rules for service of his defence or a period of 14 days after the amended statement of claim is served on him, whichever expires later.

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

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

(b)the period for service of his reply or amended reply, as the case may be, shal1 be 14 days after the amended defence is served on him.

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

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

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

4. Application for disallowance of amendment made without leave (O. 20, r. 4)

(1)Within 14 days after the service on a party of a writ amended under rule 1(1) or of a pleading amended under rule 3(1), that party may apply to the court to disallow the amendment.

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

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

5. Amendment of writ or pleading with leave (O. 20, r. 5)

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

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

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

(4)An amendment to later the capacity in which a party sues may be allowed under paragraph (2) if the new capacity is one which that party bad at the date of the commence of the proceedings or has since acquired.

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

6.

[blank]

7. Amendment of other originating process (O. 20, r. 7

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

8. Amendment of certain other documents (O. 20, r. 8)

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

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

9. Failure to amend after order (O. 20, r. 9)

When the Court makes an order under this Order giving any party leave to amend a writ, pleading or other document, then, if that party does not amend the document in accordance with the order before the expiration of the period specified for that purpose in the Order or, if no period is so specified, of a period of 14 days after the order was made, the order shall cease to have effect, without prejudice, however, to the power of the court to extend the period.

10. Mode of amendment of writ, etc. (O. 20, r. 10)

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

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

(3)An amendment to any document made under this rule shall, unless the Court otherwise orders, be shown either by making or underlining the amendment in the following different colours, namely, a first amendment in red, a second or re-amendment in green, a third amendment in violet and a fourth amendment in yel1ow; or by underlining the first amendment in black, putting a second or re-amendment in italics, a third amendment in bold print, and subsequent amendments to be in italics and underlined, and bold and underlined.

11. Amendment of judgment and orders (O. 20, r. 11)

Clerical mistakes in judgments or orders, or errors ansmg therein from any accidental slip or omission, may at any time be corrected by the court on motion or summons without an appeal.

12. Amendment of pleadings by agreement (O. 20, r. 12)

(1)Notwithstanding the foregoing provisions of this Order any pleading in any cause or matter may, by written agreement between the parties, be amended at any stage of the proceedings.

(2)This rule shall not have effect in relation to an amendment to a counterclaim which consists of the addition, omission or substitution of a party.

Order 21 – Withdrawal and discontinuance

1. Withdrawal of acknowledgment of service (O. 21, r. 1)

A party who has acknowledged service in an action may withdraw the acknowledgment at any time with the leave of the court.

2. Discontinuance of action, etc., without leave (O. 21, r. 2)

(1)Subject to paragraph (2A), the plaintiff in an action begun by writ may without the leave of the court, discontinue the action, or withdraw any particular claim made by him therein, as against any or all of the defendants at any time not later than 14 days after service of the defence on him or, if there are two or more defendants, of the defence last served, by serving a notice to that effect on the defendant concerned.

(2)Subject to paragraph 2(A), a defendant to an action begun by writ may,

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

(b)discontinue a counterclaim, or withdraw any particular claim made by him therein, as against any or all of the parties against whom it is made, at any time not later than 14 days after service on him of a defence to counterclaim or, if the counterclaim is made against two or more parties, of the defence to counterclaim last served,

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

(2A)A party in whose favour an interim payment has been ordered, in accordance with Order 29, rule 11, may not discontinue any action or counterclaim, or withdraw any particular claim therein, except with the leave of the court or the consent of all the other parties.

(3)Where there are two or more defendants to an action begun by writ not all of whom serve a defence on the plaintiff, and the period fixed by or under these rules for service by any of those defendants of his defence expires after the latest date on which any other defendant serves his defence, paragraph (1) shall have effect as if the reference therein to the services of the defence last served were a reference to the expiration of that period.This paragraph shall apply in relation to a counterclaim as it applies in relation to an action with the substitution for reference to a defence, to the plaintiff and to paragraph (1) of references to a defence to counterclaim, to the defendant and to paragraph (2) respectively.

(3A)The plaintiff in an action begun by originating summons may, without the leave of the court, discontinue the action or withdraw any particular questions or claim in the originating summons, as against any or all of the defendants at any time not later than 14 days after service on him of the defendant's affidavit evidence filed pursuant to Order 28, rule 1A(4) or, if there are two or more defendants, of such evidence last served, by serving a notice to that effect on the defendant concerned.

(3B)When there are two or more defendants to an action begun by originating summons not all of whom serve affidavit 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 the 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 Registrar a written consent to the action being withdrawn signed by all parties.

3. Discontinuance of action, etc., with leave (O. 21, r. 3)

(1)Expect 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 any or all of the parties against whom it is brought or made on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.

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

4. Effect of discontinuance (O. 21, r. 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. Stay of subsequent action until costs paid (O. 21, r. 5)

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

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

6. Withdrawal of summons (O. 21, r. 6)

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

Order 22 – Payment into and out of court

1. Payment into court (O. 22, r. 1)

(1)In any action for a debt or damages any defendant may at any 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 such payment already made, the defendant must give notice thereof in Form No. 23 in Appendix A to the plaintiff and every other defendant (if any); and within three days after receiving the notice the plaintiff must send the defendant a written acknowledgment of its receipt.

(3)A defendant may, without 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 town or more causes of action are joined in the action and money is paid into court under this rule in respect of all, or some only of, those causes of action, the notice of payment—

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

(b)where the defendant makes separate payments in 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)[blank]

(7)[blank]

(8)For the purposes of this rule, the plaintiffs cause of action in respect of a debt or damages shall be construed as a case of action in respect, also, of such interest (if any) as might be included in the judgment, if judgment were given at the date of the payment into court.

2. Payment in by defendant who has counterclaimed (O. 22, r. 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.

3. Acceptance of money paid into court (O. 22, r. 3)

(1)Where money is paid into court under rule 1, then subject to paragraph (2) 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 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 maybe, or

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

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

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

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

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

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

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

(5)Where money is paid into court by a defendant who made a counterclaim and the notice of payment stated, in relation to any sum 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 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.

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

4. Order for payment out of money accepted required in certain cases (O. 22, r. 4)

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

(a)by some but not at 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 12 applies, or

(d)in satisfaction of a cause or causes of action arising in tort from the death of any person,

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(4) then, notwithstanding anything in paragraph (2) the money shall not be paid out except in pursuance of an order of the court, and the order shall deal with the whole costs of the action.

5. Money remaining in court (O. 22, r. 5)

1f 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, or at the trial or hearing of the action and where such an order is made before the trial or bearing 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.

6. Counterclaim (O. 22, r. 6)

A plaintiff against whom a counterclai1p is made and any other defendant to the counterclaim may pay money into court in accordance with rule 1, and that rule and rules 3 (except paragraph (5)) 4 and 5 shall apply in accordingly with the necessary modifications.

7. Non-disclosure of payment into court (O. 22, r. 7)

(1)Except in an action to which a defence of tender before action is pleaded, and except in an action all further proceedings in which are stayed by virtue of rule 3(4) after the trial or hearing has begun, and subject to paragraph (2) 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.

(2)Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remains to be tried separately, any party may bring to the attention of the Court the fact that a payment into court has or has not been and the date (but not the amount) of such payment or of the first payment if more than one.

8. Money paid into court under order (O. 22, r. 8)

(1)On making any payment into court under an order of the court or a certificate of the Registrar, a party must give notice thereof to every other party to the proceedings.

(2)Subject to paragraph (3), money paid into court under an order of the court or a certificate of the Registrar shall not be paid out except in pursuance of an order of the court.

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

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

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

and money approp1iated 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 pea of tender, as the case may be, and this Order shall apply accordingly.

(4)If the Court so orders, paragraph (3) shall apply, with the necessary modifications, where a party has paid money to another to abide the outcome of the action.

9.

[blank]

10. Person to whom payment to be made (O. 22, r. 10)

(1)Where the entitled to money in court is a person who has received Legal Aid in the respect of the action to which the payment into court relates, payment shall be made only to that party's attorney or former attorney without the need for any authority from the party.

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

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

11. Payment out: Small intestate estates (O. 22, r.11)

Where a person entitled to a fund in court, or a share of such fund, dies intestate and the court is satisfied that no grant of administration of his estate has been made and that the assets of his estate, including the fund or share, do not exceed $5,000 in value it may order that the fund or share shall be paid, transferred or delivered to the person who, being a widower, widow, child, father, mother, brother or sister of the deceased, would have the prior right to a grant of administration of the estate of the deceased.

12.

[blank]

13. Investment of money in court (O. 22, r. 13)

Cash under the control of or subject to the order of the court may be invested in any manner approved by the Accountant General.

14. Written offers "without prejudice save as to costs" (O. 22, r.14)

(1)A party to proceedings may at any time make a written offer to any other party to those proceedings which is expressed to be 'without prejudice save as to costs' and which relates to any issue in the proceedings.

(2)Where an offer is made under paragraph (1), the fact that such an offer has been made shall not be communicated to the Court until the question of costs falls to be decided.

Order 23 – Security for costs

1. Security for costs of action, etc. (O. 23, r. 1)

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

(a)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,

then if, having regard to all 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 mis-statement thereof was made innocently and without intention to deceive.

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

2. Manner of giving security (O. 23, r. 2)

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

3. Saving for enactments (O. 23, r. 3)

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

Order 24 – Discovery and inspection of documents

1. Mutual discovery of documents (O. 24, r. 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.

2. Discovery by parties without orders (O. 24, r. 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 other party, make and serve on that other party a list of the documents which are or have been in 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, a defendant to an action arising out of an accident on land due to a collision or apprehended collision involving a vehicle shall not make discovery of any documents to the plaintiff under paragraph (1).

(3)Paragraph (1) shall not be taken as requiring a defendant to an action for the recovery of any penalty recoverable by virtue of any 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 but with the substitution, for the reference in paragraph (2) to the plaintiff, of a reference to the party making the counterclaim.

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

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

(b)if satisfied that discovery by all or any of the parties is not necessary, or not necessary at that stage of the 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 if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the action or for saving costs.

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

(7)Any part to whom discovery of documents is required to be made under this rule may, at any time before the summons for directions in the action is taken out, serve on the party required to make such discovery a notice requiring him to make an affidavit verifying the list he is required to make under paragraph (1) and the party on whom such a notice is served must, within 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.

3. Order for discovery (O. 24, r. 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 by rule 2 to make discovery of documents fails to comply with any provision of that rule, the Court, on the application of any party to whom 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.

4. Order for determination of issue, etc., before discovery (O. 24, r. 4)

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

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

5. Form of list and affidavit (O. 24, r. 5)

(1)A list of documents made in compliance with rule 2 or with an order under rule 3 must be in Form No. 26 in Appendix A, and must enumerate the documents in a convenient order and as shortly as 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 foresaid verifying a list of documents must be in Form No. 27 in Appendix A.

6. Defendant entitled to copy of co-defendant's list (O. 24, r. 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.

7. Order for discovery of particular documents (O. 24, r. 7)

(1)Subject to rule 8, 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 in his possession, custody or power when he pa11ed 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 of affidavit 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 or described in the application and that it relates to one or more of the matters in question in the cause or matter.

7A. Application under sections 65B(2) or 65C(2) of the Civil Procedure Ordinance (O. 24, 7A)

(1)An application for an order under section 65B(2) of the Ordinance for the disclosure of documents before the commencement of proceeding shall be made by originating summons (in Form No. 10 in Appendix A) 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 65C(2) of the Ordinance for the disclosure of documents by a person who is not a party to the proceedings shall be made by summons, which must be served on that person personally 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 Supreme Court in which a claim for a personal injuries 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 65B(2) or 65C(2) 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 document 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 of 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 summons under paragraph (1) if the subsequent proceedings had 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 10 and 11 an application for an order under the said section 65B(2) or 65C(2) shall be treated as a cause or matter between the applicant and the person against whom the order is sought.

8. Discovery to be ordered only if necessary (O. 24, r. 8)

On the hearing of an application for an order under rule 3, 7 or 7A 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 opinion that discovery is not necessary either for disposing fairly of the cause or matter or for saving costs.

9. Inspection of documents referred to in list (O. 24, r. 9)

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 seven days after the service thereof at which the said documents may be inspected at a place specified in the notice.

10. Inspection of documents referred to in pleadings, affidavits and witness statements (O. 24, r. 10)

(1)Any party to a cause or matter shall be entitled at any time to serve a notice on any other party in whose pleadings, affidavits or witness statements 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 four days after service of the notice, serve on the party giving the notice a notice stating a time within seven days after the service thereof at which the documents, or such of them as he does not object to produce, may be inspected at a place specified in the notice, and stating which (if any) of the documents he objects to produce and on what grounds.

11. Order for production for inspection (O. 24, r. 11)

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

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

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

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

then, subject to rule 13(1), the court may, on the application of the party be entitled to inspection, make an order for production of the documents in question for 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 fif.

(2)Without prejudice to paragraph (1) but subject to rule 13(1) the Court may, on the application of any party to a cause or matter, 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 on which inspection is sought and stating the belief of the deponent that they are in possession, custody or power of that other party and that they relate to a matter in question in the cause or matter.

11A. Provision of copies of documents (O. 24, r. 11A)

(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 seven days after receipt thereof supply the copy requested together with an account of the reasonable charges.

(3)Where a party fails to supply to 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 think fit.

12. Order for production to court (O. 24, r. 12)

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

13. Production to be ordered only if necessary, etc. (O. 24, r. 13)

(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, of 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.

14. Production of business books (O. 24, r. 14)

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

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

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

14A. Use of documents (O. 24, r. 14A)

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 other wise ordered on the application of a party or of the person to whom the document belongs.

15. Document disclosure of which would be injurious to public interest: Saving (O. 24, r. 15)

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

16. Failure to comply with requirement for discovery, etc. (O. 24, r. 16)

(1)If any party who is required by any of the foregoing rules, or by any order made thereunder, to make discovery of documents or to produce any document 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 11(1) the Court may make such order as it thinks just including, in particular, an order that the action be dismissed or, as the case may be, 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 attorney of an order for discovery or production of documents made against that 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 of knowledge of the order.

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

17. Revocation and variation of orders (O.24, r.17)

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

Order 25 – Summons for direction

1. Summons for direction (O. 25, r. 1)

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

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

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

the plaintiff must, within one month after the pleadings in the action are deemed to be closed, take out a summons (in these rules referred to as a summons for directions) returnable in not less than 14 days.

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

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

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

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

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

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

(f)[blank]

(g)