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ORDER 37

ASSESSMENT OF DAMAGES

Assessment of Damages (Repealed and replaced by Legal Notice of 1993.)

1. (1) Where judgment is entered or given for damages to be assessed but-

(a) no provision is made by the judgment as to how they are to be assessed; and

(b) the provisions of rule 3 do not apply,

the damages shall, subject to the provisions of this Order, be assessed by a Master after the party entitled to the benefit of the judgment-

(i) obtains the necessary date for the assessment of damages from the appropriate officer; and

(ii) serves, at least fourteen days before the date fixed for assessment, notice of the said date on the party against whom the judgment is given.

(2) For the purposes of obtaining a date for the assessment of damages the party applying for it shall file a written request directed to the appropriate officer requesting such a date. Upon being satisfied that the judgment has been entered and particulars of the claim to be assessed filed, the appropriate officer shall notify that party in writing of the date of assessment.

(3) Notwithstanding anything in Order 65, rule 9, a notice under this rule may be served on the party against whom the judgment is given, either, where no appearance has been entered, in the same manner by which he was served with the proceedings or by registered post or, if he has appeared through an Attorney-at-law, on his Attorney-at-law.

(4) If either party requires directions on particulars of any special damages claimed or discovery of documents or other orders in connection with the assessment of damages, an application therefor shall be made by summons before the Master.

(5) The provisions of Order 35 shall with the necessary adaptations apply in relation to proceedings before a Master under this Order as they apply in relation to proceedings at a trial.

(6) For the purpose of this rule the "appropriate officer" means-

(a) in relation to a cause or matter proceeding in the Registry, the Registrar;

(b) in relation to a cause or matter proceeding in the Sub-Registry, the Assistant Registrar of that Sub-Registry.

(7) The provisions of this rule shall apply mutatis mutandis where the assessment is proceeding before a Judge in Chambers.

Entry of Amount of Damages

2. Where in pursuance of this Order or otherwise damages are assessed by a Master or Judge in Chambers, the appropriate officer shall enter in the judgment or order to which the assessment relates the amount of the damages. (Repealed and replaced by Legal Notice 33 of 1993.)

Default judgment against some but not all defendants

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.

Power to order assessment by referee

4. The Court may, in the exercise of the power conferred by Order 36, in the case of any such judgment as is mentioned in rule 1, order that the assessment of the damages shall be referred to a referee.

Assessment of Value

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 these provisions to the assessment of damages shall be construed accordingly.

Assessment of damages to time of assessment

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.