39.2
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(1)
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The general rule is that a hearing is to be in
public.
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(2)
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The requirement for a hearing to be in public does not
require the court to make special arrangements for accommodating members of the
public.
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(3)
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A hearing, or any part of it, may be in private if
-- publicity would defeat the object of the
hearing;
- it involves matters relating to national
security;
- it involves confidential information (including
information relating to personal financial matters) and publicity would damage
that confidentiality;
- a private hearing is necessary to protect the
interests of any child or patient;
- it is a hearing of an application made without
notice and it would be unjust to any respondent for there to be a public
hearing;
- it involves uncontentious matters arising in the
administration of trusts or in the administration of a deceased persons
estate; or
- the court considers this to be necessary, in the
interests of justice.
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(4)
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The court may order that the identity of any party or
witness must not be disclosed if it considers non-disclosure necessary in order
to protect the interests of that party or witness.
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(RSC Order 52, in Schedule 1, provides that a committal
hearing may be in private)
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39.3
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(1)
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The court may proceed with a trial in the absence of a
party but -- if no party attends the trial, it may strike
out(GL) the whole of the proceedings;
- if the claimant does not attend, it may strike
out his claim and any defence to counterclaim; and
- if a defendant does not attend, it may strike out
his defence or counterclaim (or both).
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(2)
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Where the court strikes out proceedings, or any part of
them, under this rule, it may subsequently restore the proceedings, or that
part.
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(3)
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Where a party does not attend and the court gives
judgment or makes an order against him, the party who failed to attend may
apply for the judgment or order to be set
aside(GL).
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(4)
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An application under paragraph (2) or paragraph (3)
must be supported by evidence.
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(5)
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Where an application is made under paragraph (2) or (3)
by a party who failed to attend the trial, the court may grant the application
only if the applicant -- acted promptly when he found out that the court
had exercised its power to strike out(GL) or to enter
judgment or make an order against him;
- had a good reason for not attending the trial;
and
- has a reasonable prospect of success at the
trial.
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