Author: By Lawyers For Lawyers
The conduct of a Supreme Court proceeding followed sequentially from settling it early to going to court.
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The court may, by order, give any direction for the conduct of the proceeding: r. 34.01.The court may make orders for the decision of any question separately from any other question, whether before, at or after any trial or further trial of the proceedings: r 47.04. There are instances where, if a particular issue or question in the proceedings is tried separately, often as a preliminary issue, it will dispose of the entirety of the proceedings. In those circumstances it is desirable to seek a separate determination of the question under r. 47.04. The court may also make such an order on its own motionIf you are of the view that separate determination is appropriate first write to the other side setting out the reasons and seeking consent. If no consent is forthcoming orders will have to be sought by application with affidavit in support This often arises where there is a time limitation defence under the Limitation of Actions Act 1958, or a litigation guardian must be appointed before recovery may be satisfied. However, the court will not embark upon a separate determination unless:
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