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Home arrow Laws arrow Bar Council Rulings arrow 11.04. Notice of preliminary objection
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11.04. Notice of preliminary objection PDF Print E-mail

(1) An Advocate and Solicitor shall give written notice to the Advocates and Solicitors representing all the other parties in the litigation, of his intention to raise a preliminary objection at any hearing before any court, tribunal or other body.

(2) Such written notice shall be given to the other Advocates and Solicitors within a reasonable time before the hearing and in any event not later than 4 clear working days before the hearing, to enable the other Advocates and Solicitors to properly prepare themselves and to secure instructions from their clients with regard to the proposed preliminary objection.

(3) Such written notice shall set out the following details:

(a) the nature of the proposed preliminary objection;

(b) a list of authorities that the Advocate and Solicitor raising the preliminary objection intends to rely on; and

(c) the proposed relief that the Advocate and Solicitor raising the preliminary objection will seek before the court, tribunal or other body.

(4) Only in exceptional circumstances may an Advocate and Solicitor raise a preliminary objection during the hearing of any matter without giving the written notice required in this Ruling. In such event the Advocates and Solicitors representing the other parties are entitled to request for an adjournment of the preliminary objection and the Advocate and Solicitor raising the preliminary objection is precluded from objecting to such a request.

(5) Nothing in this Ruling shall affect the general discretion of the relevant court, tribunal or other body to deal with preliminary objections, including making orders for costs.

 
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