frem.
Ordinance.
Application
to Crow of sections 3DCG MF. 1970, c. 31, *35.
J.
Amendment.
(3) In sections 3D, E and 30G-
"personal injuries" Includes any dis- case and any impairment of a person's physical or mental condition.
3G. (1) Section 30C shall bind the Crown so far as it relates La 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 ta respect of a person's death.
(2) Sections 30D, 10E and 30F shall bind the Crown.
(3) A court shall not make an order under section 30C, 30D or 20E 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 38-
"Orders for
tim payawat. 1969, c. 58, 5 200
38A. (1) The power to make rules of court under section 38 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 pro- deedings 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.
(2) Where any such rules make provision in accordance with sub- section (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.
Item.
Ordinance.
1989, c. 36.
(Cwp. 300.3
24
Fatal Accidents Ler. 1954, Ordittange.
c. 36, 1|
3.
Law Reform
Tel. 3954, (MiscellancouE 136. M. 4,
160)| Provisions) Ordinance.
7
AmendmentL
(3) Any rules made by virtue of this section may include such inci- dental, supplementary and COMS quential provisions as the authority making the rules may consider neces sary 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 of court relating to costs.
(3) In this section-
(a) "Interim payment", in rela- tion to a party to any pro ceedings, means a payment oa account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or far the benefit of an- other party to the proceed- ings if a final judgment or order of the court in the proceedings is given or made in favour of that other pary: and
(b) any reference to a party to any proceedings includes a reference to any person who for the purposes of the gro ceedings 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 Ordin- ance.".
Section 8 is amended by deleting "twelve months" and substituting the following-
"three years".
Section 2 is amended in para- graph (b) of subsection (3) by deleting "the cause of action arose not earlier than six months before his death and".
(Cap. 22.)
(C. 271.)