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Scope of this Part

58.1 (1) This Part deals with claims to which the State is a party.

(2) In this Part -

"the Act" means the State Liability and Proceedings Act,

1966;

"civil proceedings by the State", "civil proceedings against the State", "civil proceedings by or against the state" and "civil proceedings to which the State is a party" have the same meanings as under the Act;

"order against the State" means any order made in civil proceedings or in an arbitration by or against the State.

(3) References in these Rules to an action or claim for possession of

land are to be construed as including references to proceedings

against the State for an order declaring that the claimant is

entitled as against the State to the land or to possession of the

land.

Transfer of proceedings

58.2 No order may be made transferring any proceedings by or against

the State except on the application, or with the consent, of the

Attorney General.

Service of claim form

58.3 (1) Part 5 (Service of Claim form) and Part 6 (Service of other

documents) do not apply in civil proceedings against the

State.

(2) Service of any document including a claim form on the State

must be effected in accordance with s.20 of the Act.

(Rule 9.2(5) deals with the entry of an appearance by the

Attorney General).

Claimant's duty to give particulars

58.4 (1) Where a claim is made in proceedings against the State the

claim form or statement of case must contain reasonable

information as to the circumstances in which it is alleged that the

liability of the State has arisen and as to the government

department and officers of State involved.

(2) At any time during the period for entering an appearance under

rule 9.3(1) the defendant may request information under Part 35.1.

(3) The defendant's time for entering an appearance is then extended

until -

(a) 4 days after the defendant gives notice in writing to the claimant that he is satisfied with the information supplied; or

(b) 4 days after the court on the application of the claimant decides that no further information is reasonably required.

Claims to the court in certain revenue matters

58.5 (1) This rule applies to applications under section 16 of the Act.

(2) An application must be made by fixed date claim.

(3) The person from whom an account or information is claimed

or by whom any books are required to be produced must be

made defendant to the claim.

(4) The claim form must be entitled -

(a) in the matter or matters out of which the need for the

application arose; and

(b) in the matter of the State Liability and Proceedings

Act.

(5) The claim form or the statement of case must

(a) refer to the enactment under which the account or

information or payment or the production of books is

claimed; and

(b) where information is claimed must show (by

appropriate questions or otherwise) what information

is required.

(6) An affidavit by a duly authorised officer of the Government Department concerned setting out the facts on which the application is based and stating his belief in such facts is evidence of the facts so set out.

(7) If the defendant files evidence disputing any such facts the State

may file further evidence.

(8) The court may order that the deponents or any of them attend to be cross examined.

(9) The court may -

(a) decide the matter upon the affidavit evidence after

any cross examination that may be ordered; or

(b) direct that it be decided by oral evidence in court.

(10) If the court makes an order in favour of the State it must

specify a date by which the defendant is to comply with

each of the terms of the order.

(the procedure relating to fixed date claims is dealt with in rules 8.1(4) and 27.2)

Proceedings relating to postal packets

58.6 (1) This rule deals with applications under s, 12(5) of the Act for

leave to bring proceedings in the name of a sender or

addressee of a postal packet or his personal representative.

(2) An application must be by fixed date claim.

(3) The defendants to the claim must be the Attorney General

and the person in whose name the applicant seeks to bring

the proceedings.

(4) No appearance need be entered to the claim.

(the procedure relating to fixed date claims is dealt with in rules 8.1(4) and 27.2)

Applications under s.31 of the Act

58.7 An application under s.31(2) of the Act may be made in accordance with Part 11.

Enforcement against the State

58.8 (1) Parts 44 to 53 do not apply with regard to any order against,

or money due or accruing due, or alleged to be due or accruing

due from, the State.

(2) Any application under section 27(1) of the Act for a direction

that a separate certificate be issued under that section with

respect to costs (if any) ordered to be paid to the applicant may

be made without notice.

(3) Every application for an order under section 29(1) of the Act

restraining any person from receiving money payable to him by

the State and directing payment to the applicant or some other person must be served on the State at least 14 days before the date of hearing and, unless the court otherwise orders, on the person to be restrained or his attorney (if any).

(4) Every application under paragraph (3) must be supported by

evidence -

(a) of the facts giving rise to it; and

(b) identifying the particular debt from the State in respect

of which it is made.

(5) Rule 51.11 applies to an application under paragraph (3) except that the court may not order execution to issue against the State.