Supreme Court Practice Directions 2013
  • Supreme Court Practice Directions 2013 (To be read with the Rules of Court (Cap. 322, R 5, 2014 Rev
  • Part I: Introduction
  • Part II: General Matters
  • Part III: Originating Processes and Documents
  • Part IIIA: Alternative Dispute Resolution
  • Part IV: Interlocutory Applications
  • Part V: Discovery and Inspection of Electronically Stored Documents
  • Part VI: Evidence - Witnesses, Affidavits and Exhibits
  • Part VII: Fixing of Matters for Hearing
  • Part VIII: Documents and Authorities For Use In Court
  • Part IX: Judgments and Orders
  • Part X: Enforcement of Judgments and Orders
  • Part XI: Appeals and Hearings Before Court of 3 Judges
  • Part XII: Taxation Matters and Costs
  • Part XIII: Electronic Filing and Service
  • Part XIV: Electronic Filing and Service for Criminal Proceedings
  • Part XV: Technology Facilities
  • Part XVI: Admiralty Matters
  • Part XVII: Adoption and Probate Matters
  • Part XVIII: Matters Under The Legal Profession Act 1966
  • Part XIX: Matrimonial Proceedings and Matters Relating To The Guardianship of Infants
  • Part XX: Bankruptcy and Winding Up Matters
  • Part XXI: Applications Under The Mental Capacity Act 2008
  • Part XXII: Civil Proceedings That Do Not Use The Electronic Filing Service
  • Part XXIII: Medical Negligence Claims
  • Part XXIV: Reference to Actuarial Tables in Personal Injury and Death Claims
  • Part XXV: Other Matters Specific to Criminal Proceedings
  • Appendices
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Part XXIII: Medical Negligence Claims

158. Compliance with protocol

158. Compliance with protocol

(1) With effect from 1 July 2017, parties in medical negligence claims are to comply with the Protocol for Medical Negligence Cases in the General Division of the High Court at Appendix J of these Practice Directions. A breach by one party will not exempt the other parties in the claim from following the protocol insofar as they are able to do so.

(2) In exercising its discretion as to costs, the Court will consider compliance with the protocol. If non-compliance with the protocol has led to unnecessary costs, the Court may make the following orders:

(a) an order disallowing a defaulting party his costs, or some part of his costs, even if he succeeds;

(b) an order that the defaulting party pay the other party or parties their costs of the proceedings, or part of those costs; and

(c) an order that the defaulting party pay those costs on an indemnity basis.

(3) The Court will consider compliance with the protocol in exercising its discretion when deciding the amount of interest payable and may make the following orders:

(a) an order awarding a successful party who has complied with the protocol interest from a date earlier than the date from which he would otherwise have been entitled to obtain interest; and

(b) an order depriving a successful party who has not complied with the protocol of interest in respect of such period as may be specified.

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