Article 8 Disposal of case on point of law

The Arrangement of Orders at the beginning of the Rules of the Supreme Court shall be amended by inserting after the words “14. Summary judgment” the words “14A. Disposal of case on point of law”.

After Order 14 the following Order shall be inserted:

“ORDER 14A

DISPOSAL OF CASE ON POINT OF LAW

Determination of questions of law or construction

1

(1)

The Court may upon the application of a party or of its own motion determine any question of law or construction of any document arising in any cause or matter at any stage of the proceedings where it appears to the Court that—

(a)

such question is suitable for determination without a full trial of the action, and

(b)

such determination will finally determine (subject only to any possible appeal) the entire cause or matter or any claim or issue therein.

(2)

Upon such determination the Court may dismiss the cause or matter or make such order or judgment as it thinks just.

(3)

The Court shall not determine any question under this Order unless the parties have either—

(a)

had an opportunity of being heard on the question, or

(b)

consented to an order or judgment on such determination.

(4)

The jurisdiction of the Court under this Order may be exercised by a master.

(5)

Nothing in this Order shall limit the powers of the Court under Order 18, rule 19 or any other provision of these rules.

Manner in which application under rule 1 may be made

2

An application under rule 1 may be made by summons or motion or (notwithstanding Order 32, rule 1) may be made orally in the course of any interlocutory application to the Court.”.