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.