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16.1 This Part deals with the way in which the court decides the amount of any damages under a judgment for damages to be assessed

16.2 (1) On entering a default judgment under Part 12, the court must serve on the claimant a notice requiring him to 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.

(2) Unless the claimant within 14 days after receipt of the notice under paragraph (1) states that he is not in a position to prove the amount of damages, the court must fix a date for the assessment of damages and give the claimant at least 14 days notice of the date time and place fixed for the hearing.

(3) If the claimant is not in a position to prove damages he must state the period of time that will elapse before he able to do so.

(4) The court must then fix a period within which the assessment of damages will take place and a date on which a listing questionnaire shall be sent to the claimant.

(Rules 27.8 and 27.9 deal with the fixing of a date for a trial.)

(5) The written reports of any experts shall stand as their evidence at any assessment of damages and no oral expert evidence may be called unless the court gives permission.

16.3 (1) On entering a judgment for damages to be assessed on an admission under Part 14, the court must serve on the claimant a notice requiring him to 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.

(2) Unless the claimant within 14 days after receipt of the notice under paragraph (1) states that he is not in a position to prove the amount of damages, the court must fix a date for the assessment of damages and give the claimant at least 14 days notice of the date time and place fixed for the hearing.

(3) If the claimant is not in a position to prove damages he must state the period of time that will elapse before he able to do so.

(4) The court shall then fix a period within which the assessment of damages will take place and a date on which a listing questionnaire shall be sent to the parties.

(Rules 27.8 and 27.9 deal with the fixing of a date for trial.)

(5) The defendant shall be entitled to cross examine any oral evidence given by or on behalf of the claimant and make submissions to the court but shall not be entitled to call any evidence unless he has filed a defence setting out the facts he seeks to prove.

(6) The written reports of any experts shall stand as their evidence at any assessment of damages and no oral expert evidence may be called unless the court gives permission.

16.4 (1) This rule applies where the court makes a direction as to the trial of an issue of quantum

(2) The direction may be given at -

(a) a case management conference

(b) the hearing of an application for summary judgment

(c) the trial of the claim or of an issue, including the issue of liability

(3) On making such a direction the court shall exercise the powers of a case management conference and shall in particular give directions about -

(a) disclosure

(b) service of witness statements

(c) service of expert reports

(d) whether any expert evidence shall be given orally

(4) The court shall also

(a) fix a date on which a listing questionnaire shall be sent to the parties; and

(b) fix a period within which the assessment of damages shall commence

(Rules 27.8 and 27.9 deal with the fixing of a date for trial)

16.5 The trial of any issue as to the assessment of damages shall be before a [Master] unless the court otherwise orders.