CAP. 350] Law Reform (Miscellaneous Amendments)

[1984 Ed.

Item Ordinance

1969 c. 58. s. 34/3).

(Cap. 300.)

Amendment

(2) Where any such rules make provision in accordance with subsection (1), the rules may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.

(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the authority making the rules may consider necessary or expedient.

(4) Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make rules relating to costs.

(5) In this section-

(a) "interim payment", in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the Court in the proceedings is given or made in favour of that other party; and

(b) any reference to a party to any proceedings includes a reference to any person who for the purposes of the proceedings acts as next friend or guardian of a party to the proceedings.

(6) This section shall bind the Crown so far as (but no further than) any proceedings to which the section is applicable can be brought by or against the Crown in accordance with the Crown Proceedings Ordinance.".

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