ASSESSMENT OF DAMAGES
—(1) Where judgment is given for damages to be assessed and no provision is made by the judgment as to how they are to be assessed, the damages shall, subject to the provisions of this Order, be assessed by the Registrar, and the party entitled to the benefit of the judgment shall, within one month from the date of the judgment, apply to the Registrar for directions and the provisions of Order 25, Rule 3 shall, with the necessary modifications, apply.
(2) On the hearing of the application for directions, the Registrar may, in addition to making such orders as are necessary and appropriate under Order 25, Rule 3, give directions as to the time by which a notice of appointment for assessment of damages shall be filed and such notice upon being filed must, notwithstanding anything in Order 62, Rule 10, be served not later than 7 days thereafter on the party against whom the judgment is given.
(3) If the party entitled to the benefit of the judgment fails to comply with paragraph (1), the Court may, on the application of the party against whom the judgment is given, proceed to assess damages or make such other order as it thinks just.
(4) The attendance of witnesses and the production of documents before the Registrar in proceedings under this Order may be compelled by subpoena, and the provisions of Order 35 shall, with the necessary adaptations, apply in relation to those proceedings as they apply in relation to proceedings at the trial.
(5) Subject to any directions given by the Registrar pursuant to this Rule, the party entitled to the benefit of the judgment must file a notice of appointment for assessment of damages within 6 months of the date of judgment.
(6) A party shall not file a notice of appointment for assessment of damages by the Registrar pursuant to this Rule unless directions for filing and exchange of affidavit evidence pursuant to Order 25, Rule 3 or 8, have been given or complied with, as the case may be.
(7) If that party does not file the notice of appointment for assessment of damages within the prescribed period, any other party may apply for directions.
2. Where in pursuance of this Order or otherwise damages are assessed by the Registrar, he shall certify the amount of the damages.
3. Where any such judgment as is mentioned in Rule 1 is given in default of appearance or in default of defence, and the action proceeds against other defendants, the damages under the judgment shall be assessed at the trial unless the Court otherwise orders.
4. The Court may, in the case of any such judgment as is mentioned in Rule 1, order either —
that the assessment of the damages shall be made by the Registrar; or
that the action shall proceed to trial before a Judge as respects the damages,
and where the Court orders that the action shall proceed to trial, Order 25, Rules 2 to 7, shall, with the omission of so much of Rule 7(1) as requires the parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application to the Court, in pursuance of which the Court makes the order, were a summons for directions under Order 25.
5. Rules 1 to 4 shall apply in relation to a judgment for the value of goods to be assessed, with or without damages to be assessed, as they apply to a judgment for damages to be assessed, and references in those provisions to the assessment of damages shall be construed accordingly.
6. Where damages are to be assessed (whether under this Order or otherwise) in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.
—(1) This Rule and Rules 8 to 10 shall apply to actions for damages for personal injuries.
(2) In the following Rules of this Order, “award of provisional damages” means an award of damages for personal injuries under which —
damages are assessed on the assumption that a contingency will not happen; and
the injured person is entitled to apply for further damages at a future date if the contingency happens.
—(1) The Court may, on such terms as it thinks just and subject to the provisions of this Rule, make an award of provisional damages if the plaintiff has pleaded a claim for provisional damages.
(2) An order for an award of provisional damages shall specify the contingency in respect of which an application may be made at a future date, and shall also, unless the Court otherwise determines, specify the period within which such application may be made.
(3) The Court may, on the application of the plaintiff made within the period, if any, specified in paragraph (2), by order extend that period if it thinks it just to do so, and the plaintiff may make more than one such application.
(4) An order for an award of provisional damages may be made in respect of more than one contingency and may in respect of each contingency specify a different period within which an application may be made at a future date.
—(1) Where an application is made for an award of provisional damages, any defendant may at any time (whether or not he makes a payment into Court or makes an offer to settle) make a written offer to the plaintiff —
to tender a sum of money (which may include an amount to be specified, in respect of interest) in satisfaction of the plaintiff’s claim for damages assessed on the assumption that the injured person will not develop the contingency and identifying the contingency in question; and
to agree to the making of an award of provisional damages.
(2) Any offer made under paragraph (1) shall not be brought to the attention of the Court until after the Court has determined the claim for an award of provisional damages.
(3) Where an offer is made under paragraph (1), the plaintiff may, within 21 days after receipt of the offer, give written notice to the defendant of his acceptance of the offer and shall on such acceptance make an application to the Court for an order in accordance with the provisions of Rule 8(2).
—(1) This Rule shall apply where the plaintiff, pursuant to an award of provisional damages, claims further damages.
(2) No application for further damages may be made after the expiration of the period, if any, specified under Rule 8(2), or of such period as extended under Rule 8(3).
(3) The plaintiff shall give not less than 3 months written notice to the defendant of his intention to apply for further damages and, if the defendant is to the plaintiff’s knowledge insured in respect of the plaintiff’s claim, to the insurers.
(4) The plaintiff must take out a summons for directions as to the future conduct of the action within 21 days after the expiry of the period of notice referred to in paragraph (3).
(5) On the hearing of the summons for directions, the Court shall give such directions as may be appropriate for the future conduct of the action, including, but not limited to the disclosure of medical reports and the place and date of the hearing of the application for further damages.
(6) Only one application for further damages may be made in respect of each contingency specified in the order for the award of provisional damages.
(7) The provisions of Order 29 with regard to the making of interim payments shall apply, with the necessary modifications, where an application is made under this Rule.
(8) The Court may include in an award of further damages simple interest at such rate as it thinks fit on all or any part thereof for all or any part of the period between the date of notification of the plaintiff’s intention to apply for further damages and the date of the award.