A 122
[Subsidiary]
App. A. Form 48.
CAP. 4] The Rules of the Supreme Court Order 34 [1988 Ed.
(2) After the making of an order to which paragraph (1) applies, any party against whom a finding of liability is sought may (without prejudice to his defence) make a written offer to the other party to accept liability up to a specified proportion.
(3) Any offer made under the preceding paragraph may be brought to the attention of the Judge after the issue of liability has been decided, but not before.
Trial with jury (O. 33, r. 5)
5. (1) The provisions of rule 4(1) and (2) are, as respects any action and as respects any question of fact arising in such an action, subject to the provisions of section 33A of the Ordinance, but an application for trial with a jury under that section (the time for making which is, under that section, to be limited by rules of court) must be made before the place and mode of trial is fixed under rule 4.
(2) The powers conferred by the said section 33A on a judge may be exercised by a master.
Trial with assistance of assessors (O. 33, r. 6)
6. A trial of a cause or matter with the assistance of assessors under section 53 of the Ordinance shall take place in such manner and on such terms as the Court may direct.
Dismissal of action, etc., after decision of preliminary issue (O. 33, r. 7)
7. If it appears to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment therein as may be just.
ORDER 34
SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT
Application and interpretation (O. 34, r. 1)
1. (1) This Order applies to actions begun by writ and, accordingly, references in this Order to an action shall be construed as references to an action so begun.
Time for setting down action (O. 34, r. 2)
2. (1) Every order made in an action which provides for trial before a judge shall, whether the trial is to be with or without a jury, fix a period within which the plaintiff is to set down the action for trial.