other necessary modifications, apply as if the application were a summons for directions, and in particular the Court may order an early trial of the action.
Non-disclosure of order for interim payment.
14. The fact that an order has been made under rule 12 shall not be pleaded and no communication of that fact shall be made to the Court at the trial or hearing of the action or of any question or issue as to liability or damages until all questions of liability and the amount of the damages have been decided.
Payment into court.
15. Where, after making an interim payment pur- suant to an order under rule 12, a defendant pays a sum of money into court under Order 22, rule 1. the notice of payment must state that the defendant has taken into account the interim paymeat.
Adjustment on final judgment or order.
16. Where a defendant has made an interîm pay ment pursuant to an order under rule 12, the Court may, on giving or making a final judgment or order determin- ing that defendant's liability to the plaintiff in the action, make any such order with respect to the interim payment as may be necessary for giving effect to the determination and in particular-
(a) an order for the repayment by the plaintiff of any sum by which the interim payment exceeds the amount which that defendant is liable to pay the plaintiff, or
(b) an order for the payment by any other defend- ant of any part of the interim payment which the defendant who made it is entitled to recover from him by way of contribution or indemnity or in respect of any remedy or relief relating to or connected with the plaintiff's claim.
Interim order on counterclaim.
17. A defendant who makes a counterclaim for damages in respect of personal injuries to himself or any other person or in respect of a person's death may apply for an order requiring the plaintiff to make an interim payment and this Part of this Order shall apply accord- ingly with the necessary modifications.".
450
3. Order 75. rule 24 of the principal rules is amended- (a) in paragraph (2), by deleting “paragraph (3)"" and sub-
stituting the following-
"paragraphs (3) and (4)"; and
(b) after paragraph (3), by adding the following new para-
graph-
"(4) Where in an Admiralty action money bas been paid into court pursuant to an order made under Order 29, rule 12, the Registrar may make an order under paragraph (3) of that rule for the money to be paid out to the person entitled thereto.".
Dated this 15th day of June 1971
Amended by
LN«No. 186 *} 1990.
Ivo Rigley
tvo RIGBY, Chief Justice
W. A. BLAIR-KERA, Senior Puisne Judge.
GG. B×1444 RH MIG QUENS, Puisne Judge.
A. HUGGINS, Puisne Judge.
A. McMullin, Puisne Judge.
W. F. PICKERING, Puisne Judge.
Į. J. SWAINE. Member,
G. S. STEVENSON, Member.
Amendment of O.. 75.