Article 2 Third party directions

Order 16, rule 4 shall be amended by substituting for paragraph (1A) the following paragraph—

“(1A)

Paragraph (1) shall not apply where the defendant who issued the third party notice—

(a)

applies, at the same time, to the Court by summons (to be served on all the other parties to the action) for directions; or

(b)

applies to the Court ex parte to receive and make a rule of Court (having the effect of an order) a consent of all parties providing for the conduct or disposal of the third party proceedings.”.