The Gazette 1996

GAZETTE

JULY 1996

2. PRE-TRIAL PROCEDURES

(a) Have all Orders which have been

made to date in this case been

complied with?

(b) If not specify what Orders have not

been complied with.

(c) Please state what steps you propose

to take in relation to these

outstanding Orders.

(d) Do you propose to make any

further applications to the Court

prior to the hearing?

(e) Please state what applications you

propose to make.

(f) Please state when you propose to

make these applications.

(g) Have you given all the particulars

of personal injuries suffered by the

Plaintiff together with particulars

of the consequences of these

injuries so as to enable the case to

proceed without interruption or

delay?

(h) If not, what particulars of personal J

injuries remain outstanding?

(i) When did you propose to give these i

particulars?

(j) Have you given all particulars of

special damage and loss so as to

enable the case to proceed without i

delay?

(k) If not, state what particulars you

propose to give.

(1) Please state when you propose to

give these particulars to the

Defendant.

| (m) State why they have not been

furnished to date,

(n) Have you considered the

desirability of obtaining leave to

deliver interrogatories?

(o) If so, have you reached a decision

not to do so?

3. COURT FILE

(a) Have you confirmed that the Court

file is now complete and that there

are no notices for particulars,

replies to notices for particulars or

other documents which should be

on the Court file but remain

unfiled?

4. LENGTH OF TRIAL

! (a) What are the estimates for the

minimum and maximum lengths of

the trial.

5. RESOLUTION OF THE ISSUES

BY NEGOTIATION

' (a) Have you considered the possibility

of attempting to resolve this case

by negotiation?

(b) Have negotiations, in fact, taken

place?

(c) If not, please state the reason why.

6. EXCHANGE OF EVIDENCE

(a) Have you already exchanged

medical reports with your

opponent?

(b) If not, are you prepared to do so?

7. SPECIAL DAMAGES

(a) Have you calculated the special

damages?

(b) Have you calculated the social

welfare payments that fall to be

deducted from any award?

8. SETTLEMENT

(a) Do you wish the judge presiding at

the Case Conference to assist in the

settlement of the action?

POWERS OF ATTORNEY ACT

1996

ENDURING POWERS OF

ATTORNEY REGULATIONS 1996.

(S.l. NO. 196 OF 1996)

The above entitled Act contains

provisions for applications to be made

to the High Court in relation to

"enduring powers of attorney" as

therein defined. Pending the making

of Rules of Court by The Superior

Court Rules Committee the

procedure to be adopted in making

such applications should be as

follows:

(1) Applications under sections 8,

9(1), 9(3) of the Act and

paragraph 4(2) of the First

Schedule to the Act should be

made by Special Summons to be

issued in the Central Office.

The summons should be entitled:

"In the matter of the Powers of

Attorney Act, 1996"

In the matter of an Instrument

creating an Enduring Power of

Attorney executed by A.B. of

on the

day of

On the application of

C.D.

It should be addressed to the

"Registrar of Wards of Court".

Reference to the requirement to

attend before the Master

contained in Form 3 of Appendix

A to the 1996 Rules should be

deleted and in lieu thereof the

following inserted:

"No service. This Summons is

issued for the purpose of

obtaining an order pursuant to

the provisions of the Powers of

Attorney Act, 1996".

2. The Endorsement on the

summons should set out the

section of the Act under which

the application is brought and the

relief claimed. It should be

grounded on an affidavit which

should contain the information

set out in, and which should

exhibit the documents set out in,

Schedules copies of which are

available from the Registrar of

Wards of Court.

(3) As soon as practicable after the

issue of the Summons two copies

of the Summons and of the

affidavit grounding it and

copies of the exhibits (certified

by the applicant's solicitor as

being true copies) should be

delivered by hand to the office

of the Registrar of Wards

of Court.

(4) When an application for

registration is made under section

9(1) of the Act and section 10(2)

does not apply the Registrar shall

proceed to register the Enduring

Power of Attorney in accordance

with the provisions of the Act.

When section 10(2) applies an in

the case of applications under

sections 8 and section 9(3) of

the Act the Registrar shall

obtain the directions of the

President of the High Court or a

judge nominated by him as to

what enquiries are to be made

[when the application is made

under section 9(1)1, what persons

should be given notice of the

hearing, the date of the

hearing and any other matter

required to enable the court to

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