--(1) On applying for judgment to be entered for damages to be assessed on an admission under Part 14, 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 would 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) The defendant is entitled to cross-examine any witness called on behalf of the claimant and make submissions to the court but is not entitled to call any evidence unless he has filed a defence setting out the facts he seeks to prove.
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 A motion was made by Senator Faris Al-Rawi to negative this amendment (see Order Paper) but the said motion was withdrawn.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.
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