6Delay in conduct of proceedings

6 Delay in conduct of proceedings

(1)  [Rule 6 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] If the Court considers that a proceeding has been unduly delayed, the Court, on its own initiative and by giving notice to the parties, may make any of the following orders:

(a) [Rule 6 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] an order that the proceeding proceed to trial as soon as practicable;

(b) [Rule 6 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] an order fixing time limits in respect of any subsequent proceeding;

(c) [Rule 6 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] an order fixing the date for the trial of the proceeding;

(d) [Rule 6 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] an order that the proceeding be dismissed.

(2)  [Rule 6 Subrule (2) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] Any party to a proceeding may apply for an order under subrule (1) .

(3)  [Rule 6 Subrule (3) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] In determining whether or not a proceeding has been unduly delayed, the Court is to have regard to any time limit fixed by –

(a) these rules; or

(b) any order made under these rules; or

(c) any practice direction.

(4)  [Rule 6 Subrule (4) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] The dismissal of a proceeding under subrule (1)(d) has effect as an interlocutory judgment.