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The Rules of the Supreme Court (Amendment No. 4) 1978

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3.  Order 37 shall be amended as follows:—

(1) At the end of rule 1 there shall be added the following paragraph:—

(4) In relation to an Admiralty cause or matter, for the references in this rule and rule 2 to a master there shall be substituted references to the Admiralty Registrar.

(2) The following rule shall be substituted for rule 4:—

Power to order assessment by referee, etc

4.(1) Where judgment is given in the Chancery Division or the Queen's Bench Division for damages to be assessed, the Court may—

(a)order that the assessment of the damages be referred to an official referee or to a special referee, or

(b)except in a case to which sub-paragraph (c) applies, order that the damages be assessed by a master, or

(c)in the case of an Admiralty cause or matter, or in the case of an action in the commercial list where the claim is of such a nature that in the opinion of the court it would be appropriate for the damages to be assessed by the Admiralty Registrar, order that the damages be assessed by him, or

(d)order that the action shall proceed to trial before a judge (with or without a jury) as respects the damages.

(2) Where damages are ordered to be assessed by the Admiralty Registrar pursuant to paragraph (1) (c), rule 1 shall apply as it applies to an Admiralty cause or matter.

(3) 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 other 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.

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