Part 73 – Transitional Provisions

Scope of this Part

 73.1

1. This Part deals with the way in which actions, matters and other proceedings in existence at the commencement date become subject to these Rules.
   • (1)In this Part – “commencement date” means the date on which these Rules come into force.

New proceedings

 73.2

1. Subject to paragraph (2), these rules apply to all proceedings com­menced on or after the commencement date.
2. Proceedings commenced after the commencement date but before 1st July 2001 under the Rules of the Supreme Court 1970 may continue under those rules until that date but will then be deemed to have commenced under these Rules and must proceed accordingly.

Old proceedings                        

73.3

1. These Rules do not apply to proceedings commenced before the commencement date in which a trial date has been fixed unless that date is adjourned.
2. In proceedings commenced before the commencement date, an appli­cation to adjourn a trial date is to be treated as a pre-trial review and these Rules apply from the date that such application is heard.
3. If a trial date has not been fixed in proceedings commenced before the commencement date –
   1. the court office must fix a date, time and place for a case manage­ment conference under Part 27 after a defence has been filed and give all parties at least 28 days notice of the conference; and
   2. these Rules apply from the date of the case management confer­ence.

Exercise of discretion

 73.4

1. If in proceedings commenced before the commencement date the court has to exercise its discretion, it may take into account the principles set out in these Rules and, in particular, Parts 1 and 25.