1988 Ed.] The Rules of the Supreme Court-Order 80
[CAP. 4
A 325
in Order 5, rule 2, the claim may be made in proceedings begun by originating summons, and in the summons an application may also be made for-
(a) the approval of the Court to the settlement and such orders or directions as may be necessary to give effect to it or as may be necessary or expedient under rule 12, or
(b) alternatively, directions as to the further prosecution of the claim.
(2) Where in proceedings under this rule a claim is made under the Fatal Accidents Ordinance, the originating summons must include the particulars mentioned in section 5(4) of the Fatal Accidents Ordinance.
(4) An originating summons under this rule shall be in Form No. 10 in Appendix A.
(5) In this rule "settlement" includes a compromise.
Control of money recovered by person under disability (O. 80, r. 12)
12. (1) Where in any proceedings---
(a) money is recovered by or on behalf of, or adjudged or ordered or agreed to be paid to, or for the benefit of, a person under disability, or
(b) money paid into court is accepted by or on behalf of a plaintiff who is a person under disability,
the money shall be dealt with in accordance with directions given by the Court, under this rule and not otherwise.
(2) Directions given under this rule may provide that the money shall, as to the whole or any part thereof, be paid into the Court and invested or otherwise dealt with there.
(3) Without prejudice to the foregoing provisions of this rule, directions given under this rule may include any general or special directions that the Court thinks fit to give and, in particular, directions as to how the money is to be applied or dealt with and as to any payment to be made, either directly or out of the amount paid into court and whether before or after the money is transferred to or paid into a District Court, to the plaintiff, or to the next friend in respect of moneys paid or expenses incurred for or on behalf or for the benefit of the person under disability or for his maintenance or otherwise for his benefit or to the plaintiff's solicitor in respect of costs.
(4) Where in pursuance of directions given under this rule money is paid into the High Court to be invested or otherwise dealt with there, the money (including any interest thereon) shall not be paid out, nor shall any securities in which the money is invested, or the dividends thereon, be sold, transferred or paid out of court, except in accordance with an order of the Court.
[Subsidiary]
(Cap. 22.)
App. A. Form 10.
Page 325
Page 326
1988 Ed.] The Rules of the Supreme Court-Order 80
[CAP. 4
A 325
in Order 5, rule 2, the claim may be made in proceedings begun by originating summons, and in the summons an application may also be made for-
(a) the approval of the Court to the settlement and such orders or directions as may be necessary to give effect to it or as may be necessary or expedient under rule 12, or
(b) alternatively, directions as to the further prosecution of the
claim.
(2) Where in proceedings under this rule a claim is made under the Fatal Accidents Ordinance, the originating summons must include the particulars mentioned in section 5(4) of the Fatal Accidents Ordinance.
(4) An originating summons under this rule shall be in Form No. 10 in Appendix A.
(5) In this rule "settlement" includes a compromise.
Control of money recovered by person under disability (O. 80, r. 12)
12. (1) Where in any proceedings---
(a) money is recovered by or on behalf of, or adjudged or ordered or agreed to be paid to, or for the benefit of, a person under disability, or
(b) money paid into court is accepted by or on behalf of a
plaintiff who is a person under disability,
the money shall be dealt with in accordance with directions given by the Court, under this rule and not otherwise.
(2) Directions given under this rule may provide that the money shall, as to the whole or any part thereof, be paid into the Court and invested or otherwise dealt with there.
(3) Without prejudice to the foregoing provisions of this rule, directions given under this rule may include any general or special directions that the Court thinks fit to give and, in particular, directions as to how the money is to be applied or dealt with and as to any payment to be made, either directly or out of the amount paid into court and whether before or after the money is transferred to or paid into a District Court, to the plaintiff, or to the next friend in respect of moneys paid or expenses incurred for or on behalf or for the benefit of the person under disability or for his maintenance or otherwise for his benefit or to the plaintiff's solicitor in respect of costs.
(4) Where in pursuance of directions given under this rule money is paid into the High Court to be invested or otherwise dealt with there, the money (including any interest thereon) shall not be paid out, nor shall any securities in which the money is invested, or the dividends thereon, be sold, transferred or paid out of court, except in accordance with an order of the Court.
[Subsidiary]
(Cap. 22.)
App. A. Form 10.
Page 325Page 326
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