1984 Ed.] Law Reform (Miscellaneous Amendments) (CAP. 350

Item

Ordinance

Provisions supplementary to sections 50B and 50C.

Amendment

(3) Subsections (1) and (2) are without prejudice to the exercise by the Court of any power to make orders which is exercisable apart from those provisions.

(4) In this section-

"property" includes any land, chattel or other corporeal property of any description.

50D. (1) The power to make civil procedure rules under section 72 shall include power to make rules as to the circumstances in which an order under section 50B or 50C can be made; and any such rules may include such incidental, supplementary and consequential provisions as the authority making the rules may consider necessary or expedient.

Application to Crown of sections 50A to 50D.

(2) Without prejudice to the generality of subsection (1), civil procedure rules shall or may be made under section 72 for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 50B or 50C incurred by the person against whom the order is sought shall be awarded to that person unless the Court otherwise directs.

(3) In sections 50B, 50C and 50E- "personal injuries" includes any disease and any impairment of a person's physical or mental condition."

50E. (1) Section 50A shall bind the Crown so far as it relates to property (within the meaning of that section) as to which it appears to the court that it may become the subject matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person's death.

3.

(2) Sections 50B, 50C and 50D shall bind the Crown.

(3) A Court shall not make an order under section 50A, 50B or 50C if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.”.

The following new section is added after section 72-

"Orders for interim payment.

1969 c. 58, s. 20.

72A. (1) The power to make civil procedure rules under section 72 shall include power by any such rules to make provision for enabling the Court in which any proceedings are pending, in such circumstances as may be specified in the rules, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, either by payment into court or (if the order so provides) by paying it to another party to the proceedings.

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