--(1) On applying for a default judgment to be entered under rule 12.7(1)(c), the claimant must state in writing-
----(a) whether he is in a position to prove the amount of the damages; and, if so
----(b) his estimate of the time required to deal with the assessment; or
----(c) if he is not yet in a position to prove the amount of the damages, the period of time that will elapse before he is able to do so.
--(2) Unless the claimant states that he is not in a position to prove the amount of damages, the court office shall-
----(a) fix a date for the assessment of damages; and
----(b) give the parties at least 28 days notice of the date, time and place fixed for the hearing.
--(3) If the claimant is not in a position to prove the amount of damages, the court office shall-
----(a) fix a period within which the assessment damages will take place;
----(b) fix a date by which a listing questionnaire shall be sent to the claimant; and
----(c) give the parties at least 28 days notice of the date, time and place fixed for the hearing.
--(Rules 27.10 and 27.11 deal with the fixing of a date for a trial)
--(4) Where a defendant against whom a default judgment is entered wishes to be heard on the issue of quantum and he has not so indicated under rule 10.2(2), he shall within 14 days of receipt of notice under rules 16.2(2) or (3), file and serve a Notice in Form 7A indicating whether he wishes to-
----(a) cross-examine any witness called on behalf of the claimant;
----(b) make submissions to the court; or
----(c) call any evidence, in which case he shall file with the Notice a statement of facts upon which he intends to rely.
Notes
Amended by Legal Notice 126 of 2011. A motion was made by Senator Faris Al-Rawi to negative this amendment (see Order Paper) but the said motion was withdrawn.
Amended by Legal Notice 233 of 2005.
Amended by Legal Notice 140 of 2000.
Back to Part (16. Assessment of Damages)