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| Item No. | Recommendations | Rules Affected | Amendment Rules | ||||
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| 6. | Recommendation 7 Rules should be introduced enabling the court when exercising any relevant power, in its discretion, to take into account a party's non-compliance with any applicable pre-action protocol in accordance with the terms of the protocol in question. |
RHC Orders 1, 2, 11, 15 and 62 N.B. HCO section 52B, District Court Ordinance ("DCO") section 53, Small Claims Tribunal Ordinance Schedule and Lands Tribunal Ordinance ("LTO") section 12 also affected, see Item 1 of Annex C |
Rules 2-8 | ||||
| 7. | Recommendation 8 In exercising its discretion, the court should bear it in mind that special allowances may have to be made in relation to unrepresented litigants, if it is the case that, not having access to legal advice, they were unaware of any applicable protocol obligations or, if aware of them, that they were unable fully to comply with them without legal assistance. |
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| 8. | Recommendation 9 A procedure should be introduced to enable parties who have settled their substantive dispute to bring costs-only proceedings by way of originating summons and subject to practice directions, for a party-and-party taxation of the relevant pre-settlement costs. |
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| 9. | Recommendation 84 While it would be open to a party who has failed to comply with a self-executing order to seek relief from the prescribed consequences of his non-compliance, such relief should not be automatic and, if granted, should generally be granted on suitable terms as to costs and otherwise. |
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