1. Summons for directions. (O. 25 r. 1)
(1) With a view to providing, in every action to which this rule applies, an occasion for the consideration by the Court of the preparations for the trial of the action, so that–
(a) all matters which must or can be dealt with on interlocutory applications and have not already been dealt with may so far as possible be dealt with; and
(b) such directions may be given as to the future course of the action as appear best adapted to secure the just, expeditious and economical disposal thereof,
the plaintiff must, within one month after the pleadings in the action are deemed be closed, take out a summons in Form 46 (in these rules referred to as a summons for directions) returnable in not less than 14 days.
(2) This rule applies to all actions begun by writ except–
(a) actions in which the plaintiff or defendant has applied for judgment under Order 14, or in which the plaintiff has applied for judgment under Order 81, and directions have been given under the relevant Order;
(b) actions in which the plaintiff or defendant has applied under Order 18, rule 22, for trial without pleadings or further pleadings and directions have been given under that rule;
(c) actions in which an order has been made under Order 24, rule 4, for the trial of the issue or question before discovery;
(d) actions in which directions have been given under Order 29, rule7;
(e) actions in which an order for the taking of an account has been made under Order 43, rule1;
(f) actions which have been referred for trial to the Registrar; and
(g) action for the infringement of a patent.
(3) Where, in the case of any action in which discovery of documents is required to be made by any party under Order 24, rule 2, the period of 14 days referred to in paragraph (1) of that rule is extended, whether by consent or by order of the Court or both by consent and by order, paragraph (1) of this rule shall have effect in relation to that action as if for the reference therein to one month after the pleadings in the action are deemed to be closed there were substituted a reference to 14 days after the expiration of the period referred to in paragraph (1) of the said rule 2 as so extended.
(4) If the plaintiff does not take out a summons for directions in accordance with the foregoing provisions of this rule, the defendant or any defendant may do so or apply for an order to dismiss the action.
(5) On an application by a defendant to dismiss the action under paragraph (4) the Court may either dismiss the action on such terms as may be just or deal with the application as if it were a summons for directions.
(6) In the case of an action which is proceeding only as respects a counterclaim, references in this rule to the plaintiff and defendant shall be construed respectively as references to the party making the counterclaim and the defendant to the counterclaim.
2.Duty to consider all matters. (O. 25 r. 2)
(1) When the summons for directions first comes to be heard, the Court shall consider whether–
(a) it is possible to deal then with all the matters which, by the subsequent rules of this Order, are required to be considered on the hearing of the summons for directions; or
(b) it is expedient to adjourn the consideration of all or any of those matters until a later stage.
(2) If, when the summons for directions first comes to be heard the Court considers that it is possible to deal then with all the said matters, it shall deal with them forthwith and shall endeavour to secure that all other matters which must or can be dealt with on interlocutory applications and have not already been dealt with are also then dealt with.
(3) If, when the summons for directions, first comes to be heard the Court considers that it is expedient to adjourn the consideration of all or any of the matters which, by the subsequent rules of this Order, are required to be considered on the hearing of the summons, the Court shall deal forthwith with such of those matters as it considers can conveniently be dealt with forthwith and adjourn the consideration of the remaining matters and shall endeavour to secure that all other matters which must or can be dealt with on interlocutory applications and have not already been dealt with are dealt with either then or at a resumed hearing of the summons for directions.
(4) If, on the summons for directions, an action is ordered to be transferred to the Subordinate Courts nothing in this Order shall be construed as requiring the Court to make any further order on the summons.
(5) If, on the summons for directions, the action or any question or issue therein is ordered to be tried before the Registrar, the Court may, without giving any further directions, adjourn the summons so that it can be heard by the Registrar, and the party required to apply to the Registrar for directions may do so by notice without taking out a fresh summons.
(6) If the hearing of the summons for directions is adjourned without a day being fixed for the resumed hearing thereof, any party may restore it to the list on 2 days’ notice to the other parties.
3.Particular matters for consideration. (O. 25 r. 3)
On the hearing of the summons for directions the Court shall in particular consider, if necessary of its own motion, whether, for the purpose of saving costs, any order should be made in the exercise of the powers conferred by any of the following provisions, that is to say–
(a) the Evidence Act 1950 (Act 56), in particular, the sections which enable the Court to order the admission in evidence of statements in documents notwithstanding that the makers of the statements are not called as witnesses and not withstanding that the original document is not produced;
(b) Order 20, rule 5, Order 38, rules 2 to 7,and Order 70 rule 24(3).
4.Admissions and agreements to be made. (O. 25 r. 4)
At the hearing of the summons for directions, the Court shall endeavour to secure that the parties make all admissions and all agreements as to the conduct of the proceedings which ought reasonably to be made by them and may cause the order on the summons to record any admissions or agreements so made, and (with a view to such special order, if any, as to costs as may be just being make at the trial) any refusal to make any admission or agreement.
5.Limitation of right of appeal. (O. 25 r. 5)
Nothing in rule 4 shall be construed as requiring the Court to endeavour to secure that the parties shall agree to exclude or limit any right of appeal, but the order made on the summons for directions may record any such agreement.
6.Duty to give all information at hearing. (O. 25 r. 6)
(1) Subject to paragraph (2), no affidavit shall be used on the hearing of the summons for directions except by the leave or direction of the Court, but, subject to paragraph (4), it shall be the duty of the parties to the action and their solicitors to give all such information and produce all such documents on any hearing of the summons as the Court may reasonably require for the purposes of enabling it properly to deal with the summons.
The Court may, if it appears proper so to do in the circumstances, authorise any such information or documents to be given or produced to the Court without being disclosed to the other parties but, in the absence of such authority, any information or document given or produced under this paragraph shall be given or produced to all the parties present or represented on the hearing of the summons as well as to the Court.
(2) No leave shall be required by virtue of paragraph (1) for the use of an affidavit by any party on the hearing of the summons for directions in connection with any application thereat for any order if, under any of these rules, an application for such an order is required to be supported by an affidavit.
(3) If the Court on any hearing of the summons for directions requires a party to the action or his solicitor or counsel to give any information or produce any document and that information or document is not given or produced, then, subject to paragraph (4), the Court may–
(a) cause the facts to be recorded in the order with a view to such special order, if any, as to costs as may be just being made at the trial; or
(b) if it appears to the Court to be just so to do, order the whole or any part or the pleadings of the party concerned to be struck out, if the party is plaintiff or the claimant under a counterclaim, order the action or counterclaim to be dismissed on such terms as may be just.
(4) Notwithstanding anything in the foregoing provisions of this rule, no information or documents which are privileged from disclosure shall be required to be given or produced under this rule by or by the solicitors of any party otherwise than with the consent of that party.
7.Duty to make all interlocutory applications on summons for directions. (O. 25 r. 7)
(1) Any party to whom the summons for directions is addressed must so far as practicable apply at the hearing of the summons for any order or directions which he may desire as to any matter capable of being dealt with on an interlocutory application in the action and must, not less than 7 days before the hearing of the summons, serve on the other parties a notice in Form 47 specifying those orders and directions in so far as they differ from the orders and directions asked for by the summons.
(2) If the hearing of the summons for directions is adjourned and any party to the proceedings desire to apply at the resumed hearing for any order or directions not asked for by the summons or in any notice given under paragraph (1), he must, not less than 7 days before the resumed hearing of the summons, serve on the other parties a notice specifying those orders and directions in so far as they differ from the orders and directions asked for by the summons or in any such notice as aforesaid.
(3) Any application subsequent to the summons for directions and before judgment as to any matter capable of being dealt with on an interlocutory application in the action must be made under the summons by 2 clear days’ notice to the other party stating the grounds of the application.
8.Automatic direction in personal injury action. (O. 25 r. 8). (Added: P.U. (A) 47/81)
(1) When the pleadings in any action to which this rule applies are deemed to be closed the following directions shall take effect automatically:
(a) there shall be discovery of documents within 14 days in accordance with Order 24, rule 2, and inspection within seven days thereafter, save that where liability is admitted, or where the action arises out of a road accident, discovery shall be limited to disclosure by the plaintiff of any documents relating to special damages;
(b) subject to paragraph (2), where any party intends to place reliance at the trial on expert evidence, he shall, within 10 weeks, disclose the substance of that evidence to the other parties in the form of a written report, which shall be agreed if possible.
(c) unless such reports are agreed, the parties shall be at liberty to call as expert witnesses those witnesses the substance of whose evidence has been disclosed in accordance with the preceding subparagraph, except that the number of expert witnesses shall be limited in any case to two medical experts and one expert of any other kind;
(d) photographs, a sketch plan and the contents of any police accident report book shall be receivable in evidence at the trial, and shall be agreed if possible;
(e) (There is no subparagraph (e)).
(f) the action shall be set down within six months;
(g) the Court shall be notified, on setting down, of the estimated length of the trial.
(2) Where paragraph 1(b) applies to more than one party the reports shall be disclosed by mutual exchange, medical for medical and non-medical for non-medical, within the time provided or as soon thereafter as the reports on each side are available.
(3) Nothing in paragraph (1) shall prevent any party to an action to which this rule applies from applying to Court for such further or different directions or order as may, in the circumstances, be appropriate.
(4) For the purposes of this rule–
"a road accident" means an accident on land due to a collision or apprehended collision involving a vehicle; and
"documents relating to special damages" include–
(a) documents relating to any industrial injury, disablement or sickness benefit rights, and
(b) where the claim is made under the Civil Law Act (Act 67), document relating to any claim for dependency on the deceased.
(5) This rule applies to any action for personal injuries except–
(a) any Admiralty action; and
(b) any action where are pleadings contain an allegation of a negligent act or omission in the course of medical treatment.
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