Provisions supplementary to sections 41 and 42.
[cf. 1970 c. 31, s. 83.]
43. (1) The power to make rules of court under section 54 shall include power to make rules of court as to the circumstances in which an order under section 41 or 42 can be made; and any such rules may include such incidental, supplementary and consequential provisions as the Rules Committee may consider necessary or expedient.
(2) Without prejudice to the generality of subsection (1), rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under sections 41 and 42 incurred by the person against whom the order is sought shall be awarded to that person unless the High Court otherwise directs.
(3) In sections 41, 42 and 45—
“personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
Powers of High Court exercisable before commencement of action.
[cf. 1969 c. 58, s. 21.]
44. (1) On the application of any person in accordance with rules of court, the High Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters—
- (a) the inspection, photographing, preservation, custody and detention of property which appears to the Court to be property which may become the subject matter of subsequent proceedings in the Court, or as to which any question may arise in any such proceedings; and
- (b) the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
(2) The power to make rules of court shall include power to make rules of court as to the manner in which an application for such an order can be made, and as to the circumstances in which such an order can be made; and any such rules may include such incidental, supplementary and consequential provisions as the Rules Committee may consider necessary or expedient.
(3) In this section—
“property” includes any land, chattel or other corporeal property of any description.
Application to Crown of sections 41 to 44.
[cf. 1970 c. 31, s. 35.]
45. (1) Section 44 shall bind the Crown so far as it relates to property (within the meaning of that section) as to which it appears to the High Court that it may become the subject matters of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.
(2) Sections 41, 42 and 43 shall bind the Crown.
(3) The High Court shall not make an order under section 41, 42 or 44 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.
PART VII
Miscellaneous and Supplementary Provisions
Abolition of writs ne exeat
Abolition of writs ne exeat regno and ne exeat colonia. 46. The writ of ne exeat regno is abolished and for the avoidance of doubt the writ of ne exeat colonia is also abolished.
