Section 23Part 5 — Miscellaneous and Supplementary
Rules of court
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The power to make rules of court includes power to make rules for the purpose of giving effect to this Act, and any such rules may contain provisions to have effect in proceedings by or against the Crown in substitution for or by way of addition to any rules applying to proceedings between subjects.
Provision may be made by rules of court for —
providing for service of process, or notice thereof, in the case of proceedings by the Crown against persons, whether British subjects or not, who are not resident in these Islands;
securing that, where any civil proceedings are brought against the Crown in accordance with this Act, the plaintiff shall, before the Crown is required to take any step in the proceedings, provide the Crown with such information as the Crown may reasonably require as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the departments and officers of the Crown concerned;
providing that, in the case of proceedings against the Crown, the plaintiff shall not enter judgment against the Crown in default of appearance or pleading without the leave of the Court to be obtained on an application of which notice has been given to the Crown;
excepting proceedings brought against the Crown from any rule of court providing for summary judgment without trial, and for enabling such proceedings to be put in proper cases into any special list which may be kept for the trial of short causes in which leave to defend is given under any such rule of court;
enabling evidence to be taken on commission in proceedings by or against the Crown;
providing —
that a person shall not be entitled to avail themselves of any set-off or counter-claim in any proceedings by the Crown without leave of the Court; or
that the Crown shall not be entitled to avail itself of any set-off or counter-claim without the leave of the Court; and
providing for the mode of trial where the Crown becomes a party to any civil proceedings in tort after such proceedings have commenced.