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The Rules of the Supreme Court (Amendment) 1984

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30.  For Order 75, rule 26 there shall be substituted the following new rule:—

Fixing date for trial, etc

26.(1) Subject to paragraph (2), the date for trial of an Admiralty action shall be fixed by the judge at the hearing of the summons for directions, unless a judge in person otherwise directs.

(2) Where an action is ordered to be tried without pleadings or a summons for directions is directed to be heard by a registrar the date for trial shall be fixed by the Admiralty registrar whether the action is proceeding in the registry or a district registry.

(3) Order 34 shall apply to Admiralty actions subject to the following and any other necessary modifications—

(a)the bundles referred to in rule 3(1) shall include any preliminary acts and any notice given under rule 18(3) or filed under rule 18(4) of this Order, and where trial with one or more assessors has been ordered an additional bundle shall be lodged for the use of each assessor;

(b)the proper officershall mean the chief clerk of the Admiralty registry; and

(c)in an action which has been ordered to be tried with an assessor or assessors the solicitor to the party setting it down must file in the registry an undertaking to pay the proper fees and expenses of such assessor or assessors.

(4) If all the parties to an action consent, the action may be withdrawn without the leave of the Court at any time before trial by producing—

(a)in a case where the action has been set down for trial, to the proper officer, and

(b)in any other case, to an officer of the registry or, if the action is proceeding in a district registry, to the registrar of that registry,

a written consent to the action being withdrawn signed by all the parties..

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