21Resumption of claims in claims resolution process following plaintiff’s death

#### 21 Resumption of claims in claims resolution process following plaintiff’s death 21 Resumption of claims in claims resolution process following plaintiff’s death > > (1) This clause applies to the following claims— > > > > > (a) a claim where the claims resolution process has been suspended under clause 18(1), or > > > > > (b) a claim that has been removed from the claims resolution process under clause 20(1)(a) where the claim is to be returned to the claims resolution process under clause 20(8). > > > (2) As soon as practicable after the notice referred to in clause 20(8)(b) has been given to the registrar and, in any case, before the next hearing date of the claim in the Tribunal, the authorised representative of the deceased plaintiff must provide each other party to the claim and the registrar with— > > > > > (a) a proposal in writing (a resumption proposal) as to how the claims resolution process is to apply to the claim (the resumed claim) after resumption, and > > > > > (b) any notice of motion to substitute the plaintiff or to add a compensation to relatives claim. > > > (3) The authorised representative’s resumption proposal is to identify the following— > > > > > (a) the steps already taken by the parties in connection with the claim that should be taken to constitute performance of particular steps in the claims resolution process, > > > > > (b) the point in the claims resolution process that the claim should be regarded as having reached, > > > > > (c) any further steps that need to be taken by the parties to bring the claim to a particular point in the claims resolution process (including a timetable with specified dates for completing those steps), > > > > > (d) any modifications to the timetable for completion of the claims resolution process that may be necessary to enable completion of the claims resolution process, while giving effect to the maximum extent possible to the timetable for completion of that process as set out in this Part. > > > (4) In relation to a claim that has been removed from the claims resolution process under clause 20(1)(a), the timetable for completion referred to in subclause (3)(d) is to be the timetable for completion of that process as set out in this Part for non-malignant claims, unless all the parties to the claim agree that the timetable for malignant claims is to apply. > > > (5) If the parties have not reached agreement on the resumption proposal before the following times (as relevant), the Tribunal is to determine the matters in dispute— > > > > > (a) the time that the claim is listed before the Tribunal for the purpose of making an order for the substitution of a party for a deceased plaintiff or to add a compensation to relatives claim, > > > > > (b) the time of the first hearing of the claim after the notice referred to in clause 20(8)(b) has been given to the registrar. > > > (6) The matters agreed by the parties or determined by the Tribunal for the purposes of an authorised representative’s resumption proposal have effect for the purpose of varying the requirements of this Part as to the time within which any relevant aspect of the claims resolution process must be completed, and this Part is varied accordingly in its application to the resumed claim concerned.