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PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 43
Starting urgent proceeding with the court’s leave
43 Starting urgent proceeding with the court’s leave
(1) The court, on application by a claimant, may give leave to the claimant to
start a proceeding in the court for damages based on a liability for personal
injury despite noncompliance with this part if the court is satisfied there is
an urgent need to start the proceeding.
(2) The order giving leave to start
the proceeding may be made on conditions the court considers necessary or
appropriate having regard to the particular circumstances of the case.
(3)
However, if leave is given, the proceeding started by leave is stayed until
the claimant complies with this part or the proceeding is discontinued or
otherwise ends.
(4) Despite subsection (3) , the proceeding is not stayed
if— (a) the court is satisfied that— (i) the claimant is suffering from a
terminal condition; and
(ii) the trial of the proceeding should be expedited;
and
(b) the court orders the proceeding be given priority in the allocation
of a trial date and certifies it for speedy trial.
(5) If, under subsection
(4) , the proceeding is not stayed, the following provisions do not apply in
relation to the personal injury— (a) this part, other than this section;
(b) sections 48 , 56 and 59 ;
(c) chapter 4 .
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