37. Assessment of Damages.
order 37

Assessment of Damages

1. Assessment of damages by Registrar. (O. 37 r. 1)

(1) Where judgment is given for damages to be assessed and no provision is made by the judgment as to how they are to be assessed the damages shall, subject to the provisions of this Order, be assessed by the Registrar, and the party entitled to the benefit of the judgment may, after obtaining the necessary appointment from the Registrar and, at least 7 days before the date of the appointment, serving notice of the appointment on the party against whom the judgment is given, proceed accordingly.

(2) Notwithstanding anything in Order 62, rule 10, a notice under this rule must be served on the party against whom the judgment is given.

(3) The attendance of witnesses and the production of documents before the Registrar in proceeding under this Order may be, compelled by writ of subpoena, and the provisions of Order 35 shall with the necessary adaptations, apply in relation to those proceedings as they apply in relation to proceedings at a trial.

2. Certificate of amount of damages. (O. 37 r. 2)
Where in pursuance of this Order or otherwise damages are assessed by the Registrar, he shall certify the amount of the damages.

3. Default judgment against some but not all defendants. (O. 37 r. 3)
Where any such judgment as is mentioned in rule 1 is given in default of appearance or in default of defence, and the action proceeds against other defendants, the damages under the judgment shall be assessed at the trial unless the Court otherwise orders.

4. Power order Assessment by Registrar or at trial. (O. 37 r. 4)
The Court may, in the case of any such judgment as is mentioned in rule 1, order either–
(a) that the assessment of the damages shall be made by the Registrar; or
(b) that the action shall proceed to trial before a Judge as respects the damages;
and where the Court orders that the action shall proceed to trial, Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires the parties to serve a notice specifying the orders and directions which they desire and with any order necessary modifications, apply as if the application to the Court in pursuance of which the Court makes the order, were a summons for directions under Order 25.

5. Assessment of value. (O. 37 r. 5)
The foregoing provisions of this Order shall apply in relation to a judgment for the value of goods to be assessed, with or without damages to be assessed, as they apply to a judgment for damages to be assessed, and references in those provisions to the assessment of damages shall be construed accordingly.

6. Assessment of damages to time of assessment. (O. 37 r. 6)
Where damages are to be assessed (whether under this Order or otherwise) in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.