Article 6 Provisional damages

After Order 22, rule 6, there shall be inserted the following—

“Provisional damages

6A

(1)

This rule applies to actions to which section 51 of the Act applies.

(2)

Subject to paragraph (3), rules 7(2) and 8 to 10 of R.S.C. Order 37 shall apply to actions to which this rule applies as they apply in relation to proceedings or subsequent proceedings in the High Court with the following modifications—

(a)

references to section 32A of the Supreme Court Act 1981 shall be construed as references to section 51 of the Act;

(b)

the reference in the said rule 8 to R.S.C. Orders 13 and 19 shall be construed as a reference to rules 3 and 6 of Order 9 in these rules;

(c)

references in the said rule 10 to the provisions of R.S.C. Order 29 relating to the making of interim payments shall be construed as references to Part II of R.S.C. Order 29 as applied to proceedings in a county court by Order 13, rule 12 of these rules;

(d)

references in the said rule 10 to a summons for directions shall be construed as references to an application for directions as to the future conduct of the action.

(3)

Where a defendant delivers an admission of whole or part of the plaintiff’s claim, Order 9, rule 4 of these rules shall apply as if the action were a fixed date action; and that rule shall also so apply, with the necessary modifications, where the defendant fails to deliver a defence within the period of 14 days mentioned in that rule.”.