1988 Ed.] The Rules of the Supreme Court--Order 25
[CAP. 4
A 93
(e) actions in which an order for the taking of an account has been made under Order 43, rule 1;
(f) actions in which an application for transfer to the commercial list is pending;
(h) actions for the infringement of a patent;
(j) actions for personal injuries for which automatic directions are provided by rule 8; and
(k) actions in which the parties agree under rule 9 that the only matters to be determined are the mode of trial and time for setting down.
(3) Where, in the case of any action in which discovery of documents is required to be made by any party under Order 24, rule 2, the period of 14 days referred to in paragraph (1) of that rule is extended, whether by consent or by order of the Court or both by consent and by order, paragraph (1) of this rule shall have effect in relation to that action as if for the reference therein to one month after the pleadings in the action are deemed to be closed there were substituted a reference to 14 days after the expiration of the period referred to in paragraph (1) of the said rule 2 as so extended.
(4) If the plaintiff does not take out a summons for directions in accordance with the foregoing provisions of this rule, the defendant or any defendant may do so or apply for an order to dismiss the action.
(5) On an application by a defendant to dismiss the action under paragraph (4) the Court may either dismiss the action on such terms as may be just or deal with the application as if it were a summons for directions.
(6) In the case of an action which is proceeding only as respects a counterclaim, references in this rule to the plaintiff and defendant shall be construed respectively as references to the party making the counterclaim and the defendant to the counterclaim.
(7) Notwithstanding anything in paragraph (1), any party to an action to which this rule applies may take out a summons for directions at any time after the defendant has given notice of intention to defend, or, if there are two or more defendants, at least one of them has given such notice.
Duty to consider all matters (O. 25, r. 2)
2.
(1) When the summons for directions first comes to be heard, the Court shall consider whether-
(a) it is possible to deal then with all the matters which, by the subsequent rules of this Order, are required to be considered on the hearing of the summons for directions, or
(b) it is expedient to adjourn the consideration of all or any of those matters until a later stage.
[Subsidiary]