This note is not part of the rules, but is intended to indicate their general effect.
These rules amend the High Court Rules.
Rule 2, which comes into force on 1 February 1996, inserts a new rule 46A into the High Court Rules. The new rule, which relates to Calderbank letters, is along the lines of the corresponding English rule (Order 22, rule 14 of the Rules of the Supreme Court). The rule expressly provides that a party to a proceeding may at any time make to any other party to that proceeding a written offer that—
Such an offer is not to be communicated to the Court until the question of costs falls to be decided. The effect (if any) that such an offer has on the question of costs will be in the discretion of the Court.
Rule 3, which comes into force on 1 March 1996, provides, subject to a number of exceptions, for the exchange, after a proceeding has been set down for trial, of witnesses' statements.
Rule 4, which comes into force on 1 February 1996, amends rule 442 of the High Court Rules. Under that rule, as made in 1985, a Judge may, at the request of all the parties to a proceeding, convene a settlement conference at any time before the trial of the proceeding commences. The amendment deletes the requirement that the convening of such a conference must be requested by all the parties to the proceeding.