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Item No. Recommendations Rules Affected Amendment Rules
Section 16:     Discovery
Recommendations 76, 79 and 80
53. Recommendation 76
Such jurisdiction should be exercisable where it is shown by the applicant that he and the respondent are both likely to be parties to the anticipated proceedings and that disclosure before the proceedings have been started is necessary to dispose fairly of the anticipated proceedings or to save costs.

RHC
Orders 24 and 62


N.B.
HCO sections 42, 43, 45, new section 41A;
DCO sections 47B, 47C and 47E, and new section 47AA also affected.
See Item nos. 9-11 of Annex C.
Rules 102-105
54. Recommendation 79
The requirements to be met and procedure to be followed when seeking orders referred to in the Recommendation 78 should be as laid down by O 24 r 7A in respect of section 42(1) orders and by O 24 r 13, with any necessary or desirable modifications.

55. Recommendation 80
Proposal 29 (for the case management of discovery by the courts) should be adopted, but with Peruvian Guano principles as the primary measure of discovery, taken as the starting-point for such case management.

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