Article 43
In the Director's application for directions and in any notice given by a respondent under rule 23(2) there may be included an application for the determination in a summary way of any issue arising in relation to any agreement to which the notice of reference applies, and any such application shall state the issue to be determined and shall include particulars of any relevant matters considered in previous proceedings before the Court, and of the judgment or order given or made in those proceedings.
If, on the hearing of the application, it appears to the Court that the relevant provisions of the agreement and the circumstances of the case are substantially similar to those considered in previous proceedings before the Court, it may direct that the issue be referred for determination in a summary way.
Where a direction has been given under paragraph (2), the Court may at the hearing, unless it is satisfied that the relevant provisions of the agreement or the circumstances of the case differ in some material respect from the provisions and circumstances considered in the previous proceedings—
determine the issue in a summary way without hearing evidence, or on such evidence, whether oral or documentary, as it may think fit; and
make any declaration or order which the Court could have made under section 1(3) or 2 of the Act if the issue had been determined after a final hearing in the ordinary way, or defer the making of any such declaration or order until all other issues in the proceedings have been disposed of.