1964_RULES_OF_THE_SUPREME_COURT — Page 131

1988 Ed.] The Rules of the Supreme Court Order 37

[CAP. 4

A 131

[Subsidiary]

Order for provisional damages (O. 37, r. 8)

8. (1) The Court may on such terms as it thinks just and subject to the provisions of this rule make an award of provisional damages if

(a) the plaintiff has pleaded a claim for provisional damages,

and

(b) the Court is satisfied that the action is one to which section

56A applies.

(2) An order for an award of provisional damages shall specify the disease or type of deterioration in respect of which an applica- tion may be made at a future date, and shall also, unless the Court otherwise determines, specify the period within which such applica- tion may be made.

(3) The Court may, on the application of the plaintiff made within the period, if any, specified in paragraph (2), by order extend that period if it thinks it just to do so, and the plaintiff may make more than one such application.

(4) An order for an award of provisional damages may be made in respect of more than one disease or type of deterioration and may in respect of each disease or deterioration specify a different period within which an application may be made at a future date.

(5) Orders 13 and 19 shall not apply in relation to an action in which the plaintiff claims provisional damages.

Offer to submit to an award (O. 37, r. 9)

9.

(1) Where an application is made for an award of provi- sional damages, any defendant may at any time (whether or not he makes a payment into court) make a written offer to the plaintiff

(a) to tender a sum of money (which may include an amount, to be specified, in respect of interest) in satisfaction of the plaintiff's claim for damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in section 56A; and

(b) to agree to the making of an award of provisional damages. (2) Any offer made under paragraph (1) shall not be brought to the attention of the Court until after the Court has determined the claim for an award of provisional damages.

(3) Where an offer is made under paragraph (1), the plaintiff may, within 21 days after receipt of the offer, give written notice to the defendant of his acceptance of the offer and shall on such acceptance make an application to the Court for an order in accordance with the provisions of rule 8(2).

Application for award of further damages (O. 37, r. 10)

10. (1) This rule applies where the plaintiff, pursuant to an award of provisional damages, claims further damages.

1