Part 16 – Assessment of Damages

Scope of this Part

16.1

1. This Part deals with the procedure by which a hearing to assess damages is fixed.

Assessment of damages after default judgment

16.2

1. An application for a default judgment to be entered under rule 12.10(1)(b) must state –
   1. whether the claimant is in a position to prove the amount of the damages; and, if so
   2. the claimant’s estimate of the time required to deal with the assessment; or
   3. that the claimant is not yet in a position to prove the amount of the damages.
2. Unless the application states that the claimant is not in a    position to prove the amount of damages –
   1. the court office must fix a date for the assessment of damages and give the claimant and the defendant at least 42 days’ notice of the date, time and place fixed for the hearing;
   2. the claimant shall file and serve on the Defendant all witness statements and written submissions on which he or she intends to rely within 14 days of service of the notice of assessment;
   3. the defendant shall be at liberty to file and serve witness statements and written submissions on which he or she intends to rely within 14 days of service of the claimant’s witness statements and submissions on him or her.
      • Rules 29.8 – 29.12 deal with Witness Statements.”
3. A claimant who is not in a position to prove damages must state the period of time that will elapse before this can be done.
4. The court office must then fix a period within which the assessment of damages will take place and a date on which a listing questionnaire is to be sent to the claimant.
   • Rules 27.9 and 27.10 deal with listing questionnaires and the fixing of a date for a trial.
5. 1. The claimant shall be entitled to rely on the evidence of all witnesses called by him or her pursuant to the witness statements filed and served by him or her and to make submissions to the court.
   2. The defendant is entitled to cross-examine any witness called on behalf of the claimant, call evidence as disclosed in his or her Notice filed pursuant to Form 31 and in respect of witness statements which have been filed and served pursuant to Rule 16.2(2)(c) and to make submissions to the court.

Assessment of damages after admission of liability on claim for unspecified sum of money

16.3

1. This rule applies where the defendant has admitted liability for the whole or a specified proportion of a claim for an unspecified sum of money.
2. An application for judgment to be entered for damages to be assessed on an admission under Part 14 must –
   1. state whether the claimant is in a position to prove the amount of damages; and, if so
   2. give an estimate of the time required to deal with the assessment; or
   3. state that the claimant is not yet in a position to prove the amount of damages.
3. Unless the application states that the claimant is not in a position to prove the amount of damages –
   1. the court office must fix a date for the assessment of damages and give the claimant and the defendant at least 42 days’ notice of the date, time and place fixed for the hearing;
   2. the claimant shall file and serve on the defendant all witness statements and written submissions on which he or she intends to rely within 14 days of service of the notice of assessment;
   3. the defendant shall file a Notice in Form 31 within seven [7] days after service of the claimant’s submissions and witness statements on the defendant;
   4. the defendant shall be at liberty to file and serve witness statements and written submissions on which he or she intends to rely within 14 days of service of the claimant’s witness statements and submissions on him or her.”
      • Rules 29.8 – 29.12 deal with Witness Statements.
4. A claimant who is not in a position to prove damages must state the period of time that will elapse before this can be done –
5. The court office must then fix either –
   1. a case management conference and give notice to the parties ; or
   2. a period within which the assessment of damages will take place and a date on which a listing questionnaire is to be sent to the claimant.
      • Rules 27.9 and 27.10 deal with listing questionnaires and the fixing of a date for trial.
6. 1. The claimant shall be entitled to rely on the evidence of all witnesses called by him or her pursuant to the witness statements filed and served by him or her and to make submissions to the court.
   2. The defendant is entitled to cross-examine any witness called on behalf of the claimant, call evidence as disclosed in his Notice filed pursuant to Form 31 and in respect of witness statements which have been filed and served pursuant to Rule 16.3(3)(d) and to make submissions to the court.
7. The court must also deal with any request under Part 14 for time to pay.

Assessment of damages after direction for trial of issue of quantum

16.4

1. This rule applies where the court makes a direction for the trial of an issue of quantum.
2. The direction may be given at –
   1. a case management conference;
   2. the hearing of an application for summary judgment; or
   3. the trial of the claim or of an issue, including the issue of liability.
3. On making such a direction the court must exercise the powers of a case management conference and in particular may give directions about –
   1. disclosure under Part 28;
   2. service of witness statements under Part 29; and
   3. service of expert reports under Part 32.
4. The court must also fix –
   1. a date on which the court office is to send a listing questionnaire to the parties; and
   2. a period within which the assessment of damages is to commence.
      • Rules 27.9 and 27.10 deal with listing questionnaires and the fixing of a date for trial.