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6.5
Recommendations
Our recommendations in relation to Proposal 6 are therefore as follows :-
Recommendation 10: Application of the RHC should continue to be excluded
in relation to the classes of proceedings set out in O 1 r 2(2) ("the excluded
proceedings").
Recommendation 11: In so far as appropriate, other specialised types of
proceedings governed by their own procedural rules and requirements should be
added to the excluded proceedings and special provision should be made in
respect of election petitions.
Recommendation 12: The rules of the RHC making it mandatory to
commence certain proceedings by writ or, as the case may be, by originating
summons, should be abolished.
Recommendation 13: In all cases other than the excluded proceedings, the
parties should be permitted to commence proceedings either by writ or by
originating summons, with the RHC indicating that a writ is appropriate where a
substantial dispute of fact is likely and that an originating summons is
appropriate where there is unlikely to be a substantial dispute of fact, such as
where the sole or principal issue is one of law or construction.
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