Contents (2005 - 418)Skip to content
Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 12:29)
23.8 Inspection of property
(cf SCR Part 25, rule 8; DCR Part 23, rule 9; LCR Part 20, rule 8)
(1) For the purpose of enabling the proper determination of any matter in question in any proceedings, the court may make orders for any of the following—(a) the inspection of any property,(b) the taking of samples of any property,(c) the making of any observation of any property,(d) the trying of any experiment on or with any property,(e) the observation of any process.(2) An order under subrule (1) may authorise any person to enter any land, or to do any other thing, for the purpose of getting access to the property.(3) A party applying for an order under this rule must, so far as practicable, serve notice of motion on each person who would be affected by the order if made.(4) The court is not to make an order under this rule unless it is satisfied that sufficient relief is not available under section 169 of the Evidence Act 1995.(5) This rule extends to proceedings on an application for an order under Part 5 (Preliminary discovery and inspection).(6) In this rule, property includes any land and any document or other chattel, whether in the ownership or possession of a party or not.