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[Subsidiary]
CAP. 4 The Rules of the Supreme Court Order 37 [1988 Ed.
defence, and the action proceeds against other defendants, the damages under the judgment shall be assessed at the trial unless the Court otherwise orders.
Power to order assessment at trial (O. 37, r. 4)
4. (1) Where judgment is given for damages to be assessed, the Court may-
(d) order that the action shall proceed to trial before a judge (with or without a jury) as respects the damages.
(3) Where the Court orders that the action shall proceed to trial, Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires the parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application to the Court in pursuance of which the Court makes the order, were a summons for directions under Order 25.
Assessment of value (O. 37, r. 5)
5. The foregoing provisions of this Order shall apply in relation to a judgment for the value of goods to be assessed, with or without damages to be assessed, as they apply to a judgment for damages to be assessed, and references in those provisions to the assessment of damages shall be construed accordingly.
Assessment of damages to time of assessment (O. 37, r. 6)
6. Where damages are to be assessed (whether under this Order or otherwise) in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.
II. ORDERS FOR PROVISIONAL DAMAGES FOR PERSONAL INJURIES
Application and interpretation (O. 37, r. 7)
7. (1) This Part of this Order applies to actions to which section 56A of the Ordinance (in this Part of this Order referred to as “section 56A”) applies.
(2) In this Part of this Order "award of provisional damages” means an award of damages for personal injuries under which
(a) damages are assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in section 56A; and
(b) the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration.
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