C.I. 133
HIGH COURT (CIVIL PROCEDURE) (AMENDMENT) RULES,
2020
ARRANGEMENT OF RULES
Rule
1. Order 32 of C.I. 47 amended
2. Order 42 of C.I. 47 revoked
3. Order 51 of C.I. 47 amended
4. Order 58 of C.I. 47 amended
In exercise of the power conferred on the Rules of Court Committee by clause (2) of article 157 of the Constitution, these Rules are made this 1st day of October, 2020.
Order 32 of C.I. 47 amended
1. The High Court (Civil Procedure) Rules, 2004 (C.I. 47) referred to in this enactment as the “principal enactment” is amended in order 32 by the
(a) insertion after subrule (1) of rule 1, of
“(1A) An application for directions may contain a written request by a party for the proceedings to be stayed while the parties try to settle the case by alternative dispute resolution or other means.”;
(b) substitution for subrule (1) of rule 5, of
“(1) Where an application for directions is heard by the Court at first instance, the Court shall, except where the dispute is by law not amenable to settlement, enquire from the parties if the parties are willing to attempt settlement of the case by alternative dispute resolution or other means.”; and
(c) insertion after subrule (1) of rule 5, of
(IA) Where the parties agree to have the case settled by means of alternative dispute resolution or other means, the Court shall give orders in furtherance of the settlement and direct that the proceedings be stayed for a period of one month.
(IB) Mediation proceedings further to an agreement by the parties shall be conducted in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798) and directives issued in that regard by the Chief Justice.
(IC) The Court may extend the stay for a specified period as the Court considers necessary to achieve a settlement where the circumstances require.
(ID) Where the parties settle the case,
(a) the parties shall execute a terms of settlement, and
(b) the Court shall enter the terms of settlement as the judgment of the Court in the case.
(IE) Where the parties fail to reach
(a) an agreement after attempt at the settlement of the case, or
(b) a settlement after diligent efforts by the parties,
the Court shall proceed with the application for directions.
(IF) In proceeding with the application for directions under subrule (6), the Court shall consider whether it is
(a) possible to deal at the same time with all matters which, by the subsequent rules of this Order, are required to be considered on the hearing of the application for directions; or
(b) expedient to adjoum the consideration of all or any of those-matters until a later stage.”
Order 42 of C.I. 47 revoked
2. The principal enactment is amended by the revocation of Order
,42. ‘ ‘
Order 51 of C.I. 47 amended
3. The principal enactment is amended in Order 51 by the (a) substitution for subrule (1) of rule 9, of
“(1) An appeal shall not operate as a stay of execution under the judgment or decision appealed against
unless the court otherwise orders on an application made to the court by motion on notice.”; and (b) insertion after subrule (1) of rule 9, of
“(1A) Unless otherwise provided in this rule, an ; intermediate act or any other proceedings subsequent to an application under subrule (1) shall not be invalidated.”.
Order 58 of C.I. 47 amended
4. The principal enactment is amended by the substitution for Order 58, of
“ORDER 58
Commercial Actions
Application of these Roles
1. The rules in this Order apply
(a) to- the Commercial Division of the High Court known as the “Commercial Court” set up to handle commercial claims, and
(b) in the determination of a commercial claim filed in a High Court or Circuit Court.
Nature of commercial claim
2. A commercial claim is a claim which arises out of trade
and commerce and includes a claim relating to
(a) the formation or governance of a business or a commercial organisation;
(b) the winding up or bankruptcy of a business or commercial organisation or corporate person;
(c) the restructuring or payment of commercial debts by or to a business or commercial organisation or person;
(d) a business document or contract;
(e) the export or import of goods;
(J) the carriage of goods by sea, air, land or pipeline;
(g) the exploration of oil and gas reserves;
(h) mineral related disputes;
(i) insurance and re-insurance;
(j) banking and financial services;
(k) a business agency;
(l) a dispute which involves commercial arbitration and other setdement awards;
(m) intellectual property rights including patents, copyrights, and trademarks;
(n) tax matters;
(o) commercial fraud;
(p) an application under the Companies Act, 2019 (Act 992);
(q) an investment-related land case which involves the State;
(r) a construction and project management
dispute involving the State or an agency of the State; and
(s) any other claim of a commercial nature.
Commencement and regulation of a commercial claim
3. Except as otherwise provided in this Order, a commercial claim shall be commenced and regulated in the same manner as an action in the High Court, consequently, the rules on filing of writ of summons, entry of appearance, defence, counterclaim and reply apply to a commercial claim.
Amicable settlement of dispute
4. (1) The court shall have a duty to encourage the amicable
resolution of commercial claims and early setdement of pending commercial litigation by voluntary action of the parties in accordance with the provisions of this Order.
(2) The parties to a commercial action shall have a corresponding obligation to assist the court to achieve the early and amicable settlement of cases.
Procedure after reply
5. (1) After a reply has been filed or the time for a reply
has elapsed, the Administrator or Registrar of the Court shall, within seven days, assign the case to a judge for a pre-trial review conference.
(2) The judge assigned to the case shall, within a period of not more than fourteen days from the date of assignment of the case, invite the parties for a pre-trial review conference.
(3) When the case first comes on for pre-trial review, the judge shall, except where the dispute is by law not amenable to settlement, enquire from the parties if the parties are willing to participate in a pre-trial settlement of the case through mediation, negotiation, arbitration or other mode of alternative dispute resolution.
(4) Where all the parties agree to have the case settled by alternative dispute resolution, the parties shall indicate the mode of settlement to be used in the settlement which shall
(a) be stated in a form; and
(b) signed by all the parties to be witnessed by the lawyers of the parties or any other witness, where a party is not represented by a lawyer.
(5) Where the parties agree to pre-trial settlement, the judge shall make the relevant orders pursuant to the subsequent provisions of this Order and stay proceedings in the case for not more than thirty days.
(6) Where
(a) an agreement is not reached for pre-trial settlement of the dispute, or
(b) there is a failure of settlement despite diligent efforts,
the judge shall record that fact and order the case to proceed in accordance with Orders 32, 33 and 34 of these Rules, except that any provisions on pre-trial settlement shall not apply.
(7) Where the parties sign a consent form and select mediation as the mode of settlement, the judge shall provide the parties with a list of accredited mediators for the parties to select a mediator.
(8) Where the parties select a mediator, the judge shall direct the Administrator or the Registrar to notify the mediator who shall, within fourteen days of the notification, arrange a first pre-trial mediation conference with the parties.
(9) Where the parties are unable to agree on a mediator, the judge shall appoint an accredited mediator for the parties.
(10) A party or a representative of a party at a mediation settlement conference shall have the authority to settle the case.
(11) The mediator may invite an expert to assist at a mediation settlement conference.
(12) Mediation proceedings shall be conducted in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798) and directions issued by the Chief Justice.
(13) Where at the pre-trial review conference, the parties select arbitration as the mode of settlement, the judge shall make the necessary orders further to Order 64 of these Rules.
(14) The parties may, at the pre-trial review conference, instead of selecting any of the court related modes of settlement, agree to refer the dispute to an external person to settle the dispute and the pre-trial review judge shall give directions for the settlement within the timeframe specified in this rule.
(15) Subject to availability of an alternative judge, the parties may agree for the pre-trial review judge to act as mediator of the commercial action involving the parties, and if a settlement is not reached despite diligent efforts, the judge shall be disqualified from the conduct of the hearing of the case.
Disclosure made at mediation
6. (1) A disclosure or statement made or documents
presented by a party, a lawyer, or any other participant in the course
of mediation, negotiation or other mode of settlement shall not be construed as an admission against the interest of the party
(2) Subrule (1) does not apply to an arbitration proceeding.
(3) Evidence that would otherwise be admissible at trial shall not be rendered inadmissible as a result of the use of that evidence in a mediation proceeding under this rule.
(4) A mediator shall not be called as a witness in a subsequent proceeding relating to the negotiation and participation of the parties except as required by law.
Extension of period for settlement
7. (1) Where at the end of the thirty days, there is a
reasonable prospect of settlement, the mediator may with the consent of the parties, apply to the court for an extension of time for settlement.
(2) An extension of time under subrule (1) shall not. exceed fourteen days.
Terms of settlement
8. (1) Where the dispute is settled by mediation or by an
external person, the terms of the settlement shall be’
(a) drafted by the mediator or the parties,
(b) read over by the mediator to the parties or the lawyers of the parties, and
(c) signed by the parties or the accredited representatives, of the parties and the mediator.
(2) The terms of settlement is binding on the parties and shall be filed in the registry of the court.
(3) The parties shall, after filing the terms of settlement under subrule (2), appear before the pre-trial review judge within seven days from the date of filing to have the terms of settlement entered as a judgment of the court.
Commercial Coarts
9. Despite Order 3 of these Rules, a commercial claim may be instituted and heard in the Commercial Court nearest to the venue which would otherwise have been determined by rule 1 of Order 3.
Fees
10. (1) Fees chargeable in the Commercial Court are as provided in rule 3 of the Civil Proceedings (Fees and Allowances) Rules, 2007 (C.I. 55).
(2) Where fees are not provided for a specific service, the fees in force at the High Court shall apply.”.
His Lordship, Justice Anin Yeboah
Chief Justice and Chairperson, Rules of Court Committee
Honourable Miss Gloria Afua Akuffo
Attorney-General and Minister for Justice Member, Rules of Court Committee
His Lordship Justice Victor Jones Mawulorm Dotse
Justice of the Supreme Court Member, Rules of Court Committee
His Lordship Justice Victor D. Ofoe
Justice of the Court of Appeal Member, Rules of Court Committee
His Lordship Justice Charles Edward Ekow Baiden
Justice of the High Court Member, Rules of Court Committee
Brigadier General Gyeke-Asante
Judge Advocate-General Member, Rules of Court Committee
Mrs. Margaret Awuku-Gyekye
Editor, Council for Law Reporting Member, Rules of Court Committee
Mr. Justin Antenuvor
Representative of Ghana Bar Association Member, Rules of Court Committee
Mr. Dennis Armah
Representative of Ghana Bar Association Member, Rules of Court Committee
Date of Gazette notification: 6th October, 2020.
