1964_RULES_OF_THE_SUPREME_COURT — Page 144

A 144

CAP. 4

[Subsidiary]

The Rules of the Supreme Court Order 38 [1988 Ed.

(b) the person who made the statement, or, as the case may be, the person who originally supplied the information from which the record containing the statement was compiled, is not called as a witness at the trial or hearing of the cause or matter; and

(c) none of the reasons mentioned in rule 25 applies so as to prevent the party who gave the notice from calling that person as a witness,

no other party to the cause or matter shall be entitled, except with the leave of the Court, to adduce in relation to that person any evidence which could otherwise be adduced by him by virtue of section 52 of the Ordinance unless he gave a counter-notice under rule 26 in respect of that person or applied under rule 28 for a direction that that person be called as a witness at the trial or hearing of the cause or matter.

Notice required of intention to give evidence of certain inconsistent statements (O. 38, r. 31)

31. (1) Where in a cause or matter a person, particulars of whom were contained in a notice given under rule 21, is not to be called as a witness at the trial or hearing of the cause or matter, any party to the cause or matter who is entitled and intends to adduce in relation to that person any evidence which is admissible for the purpose mentioned in section 52(1)(b) of the Ordinance must, not more than 21 days after service of that notice on him, serve on the party who gave that notice, notice of his intention to do so.

(2) Rule 22(1) and (2) shall apply to a notice under this rule as if the notice were a notice under rule 21 and the statement to which the notice relates were a statement admissible by virtue of section 47 of the Ordinance.

(3) The Court may, if it thinks it just to do so, allow a party to give in evidence at the trial or hearing of a cause or matter any evidence which is admissible for the purpose mentioned in section 52(1)(b) of the Ordinance notwithstanding that that party has failed to comply with the provisions of paragraph (1).

Costs (O. 38, r. 32)

32. If-

(a) a party to a cause or matter serves a counter-notice under rule 26 in respect of any person who is called as a witness at the trial of the cause or matter in compliance with a requirement of the counter-notice; and

(b) it appears to the Court that it was unreasonable to require that person to be called as a witness,

then, without prejudice to Order 62 and, in particular, to rule 10(1) thereof, the Court may direct that any costs to that party in respect