On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 15/09/2010.
3. Order 59 of the principal Rules is amended —
(a)
by deleting Rule 5 and substituting the following Rule:
5. The Court in exercising its discretion as to costs shall, to such extent, if any, as may be appropriate in the circumstances, take into account —
(a)
any payment of money into Court and the amount of such payment;
(b)
the conduct of all the parties, including conduct before and during the proceedings;
(c)
the parties’ conduct in relation to any attempt at resolving the cause or matter by mediation or any other means of dispute resolution; and
(d)
in particular, the extent to which the parties have followed any relevant pre-action protocol or practice direction for the time being issued by the Registrar.”;
(b)
by deleting the words “at the hearing or within 7 days thereof so certifies” in Rule 19(1) and substituting the words “so certifies at the hearing or upon an application made by that party within one month from the date of the judgment or order”;
(c)
by deleting the words “all the relevant circumstances, and in particular to —” in paragraph 1(2) of Appendix 1 and substituting the words “the principle of proportionality and all the relevant circumstances and, in particular, to the following matters:”; and
(d)
by deleting sub-paragraph (c) of paragraph 1(1) of Part I of Appendix 2 and substituting the following sub-paragraph:
“(c)
cases in which —
(i)
the plaintiff obtains final judgment under Order 14 unconditionally;
(ii)
the Court dismisses an application under Order 14, Rule 1; or
(iii)
the Court gives the defendant against whom an application under Order 14, Rule 1 is made unconditional leave to defend.”.