Article 42

The following rule shall be inserted in Order 29 after rule 7:—

“Inspection etc. of property under section 21 of Administration of Justice Act 1969 or section 32(2) of Administration of Justice Act 1970

7A

(1)

The power conferred by section 21(1) of the Administration of Justice Act 1969 to make an order in respect of property pending the commencement of proceedings in the High Court shall be exercisable only in respect of property as to which it appears to the Court that it may become the subject matter of subsequent proceedings involving a claim for personal injuries.

(2)

An application for an order under the said section 21(1) shall be made by originating summons and the person against whom the order is sought shall be made defendant to the summons.

(3)

An application after the commencement of proceedings for an order under section 32(2) of the Administration of Justice Act 1970 in respect of property which is not the property of or in the possession of any party to the proceedings shall be made by summons, which must be served on the person against whom the order is sought personally and on every party to the proceedings other than the applicant.

(4)

A summons under paragraph (2) or (3) shall be supported by an affidavit which must—

(a)

in the case of a summons under paragraph (2), state the grounds on which it is alleged that the applicant and the person against whom the order is sought are likely to be parties to subsequent proceedings in the High Court in which a claim for personal injuries is likely to be made;

(b)

in any case, specify or describe the property in respect of which the order is sought and show, if practicable by reference to any pleading served or intended to be served in the proceedings, that it is or may become the subject matter of the proceedings or that it is property as to which any question arises in the proceedings.

(5)

A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served.

(6)

An order made under the said section 21 or 32(2) may be made conditional on the applicant's giving security for the costs of the person against whom it is made or on such other terms, if any, as the Court thinks just.

(7)

No such order shall be made if it appears to the Court—

(a)

that compliance with the order, if made, would result in the disclosure of information relating to a secret process, discovery or invention not in issue in the proceedings, and

(b)

that the application would have been refused on that ground if—

(i)

in the case of a summons under paragraph (2), the subsequent proceedings had already been begun, or

(ii)

in the case of a summons under paragraph (3), the person against whom the order is sought were a party to the proceedings.

(8)

In this rule “a claim for personal injuries” means a claim in respect of personal injuries to a person (including any disease contracted by him and any impairment of his physical or mental condition) or in respect of a person's death. ”