Rules of the Supreme Court (Amendment No. 2) 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/1340 |
| Year | 1988 |
1988 No. 1340 (L. 16)
SUPREME COURT OF ENGLAND AND WALES
The Rules of the Supreme Court (Amendment No. 2) 1988
Made 27th July 1988
Laid before Parliament 11th August 1988
Coming into force 1st October 1988
We, the Supreme Court Rule Committee, having power under section 85 of the Supreme Court Act 19811to make rules of court under section 60 of that Act and under section 84 of that Act for the purpose of regulating and prescribing the practice and procedure to be followed in the High Court and the civil division of the Court of Appeal, hereby exercise those powers as follows:
Citation and commencement
1.—(1) These Rules may be cited as the Rules of the Supreme Court (Amendment No. 2) 1988 and shall come into force on 1st October 1988.
(2) In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 19652.
Exchange of witnesses' statements
Order 38, rule 2A shall be amended by omitting paragraph (1).
2. Order 38, rule 2A shall be amended by omitting paragraph (1).
3. Order 38, rule 2A shall be further amended by deleting the words “to which this rule applies” in paragraph (2).
Return to writ of execution
4. Order 46, rule 9(1) shall be amended by inserting, after the words “at whose instance”, the words “or against whom”.
Appeals under section 6(3), Civil Jurisdiction and Judgments Act 1982
Appeals under section 6(3), Civil Jurisdiction and Judgments Act 19823
5. Order 56, rule 5 shall be amended by inserting, after the words in paragraph (2)(b) “the two last-mentioned Acts,”, the words “or registered in such a court under the Civil Jurisdiction and Judgments Act 1982,”.
Appeals from official referees
6. Order 58 shall be amended by substituting for rule 4 the following rule—
“Appeals from official referees
4. Subject to section 18 of the Act (which shall apply in relation to a decision of an official referee as if he were a judge of the High Court), an appeal shall lie to the Court of Appeal from a decision of an official referee—
(a) on a question of law or, where section 18(1)(f) does not apply, as to costs only; and
(b) with the leave of the official referee or the Court of Appeal, on any question of fact or, where section 18(1)(f) applies, as to costs only.”.
Final and interlocutory orders
7. Order 59 shall be amended by inserting after rule 1 the following new rule—
“Final and interlocutory orders
1A.—(1) For all purposes connected with appeals to the Court of Appeal, a judgment or order shall be treated as final or interlocutory in accordance with the following provisions of this rule.
(2) In this rule, unless the context otherwise requires—
(a)
(a) “order” includes a judgment, decree, decision or direction;
(b)
(b) references to an order giving specified directions or granting a specified form of remedy or relief shall include an order—
(i) refusing to give such directions or grant such remedy or relief;
(ii) giving such directions or granting such remedy or relief on terms;
(iii) varying, suspending or revoking such an order, and
(iv) determining an appeal from such an order.
(3) A judgment or order shall be treated as final if the entire cause or matter would (subject only to any possible appeal) have been finally determined whichever way the court below had decided the issues before it.
(4) For the purposes of paragraph (3), where the final hearing or the trial of a cause or matter is divided into parts, a judgment or order made at the end of any part shall be treated as if made at the end of the complete hearing or trial.
(5) Notwithstanding anything in paragraph (3), the following orders shall be treated as final—
(a)
(a) an order for discovery of documents made in an action for discovery only;
(b)
(b) an order granting any relief made at the hearing of an application for judicial review;
(c)
(c) an order made on an originating summons under Order 85, rule 2(2)(b) or (c);
(d)
(d) an order for the winding up of a company;
(e)
(e) a decree absolute of divorce or nullity of marriage;
(f)
(f) an order absolute for foreclosure;
(g)
(g) an order as to costs made as part of a final judgment or order;
(h)
(h) an order of committal.
(6) Notwithstanding anything in paragraph (3), but without prejudice to paragraph (5), the following judgments and orders shall be treated as interlocutory—
(a)
(a) an order extending or abridging the period for the doing of any act;
(b)
(b) an order for or relating to the transfer or consolidation of proceedings;
(c)
(c) an order for or relating to the validity, service (including service out of the jurisdiction) or renewal of a writ or other originating process;
(d)
(d) an order granting leave under section 139 of the Mental Health Act 19834to bring proceedings against a person;
(e)
(e) an order for or relating to the amendment of an acknowledgment of service;
(f)
(f) any judgment in default or any “unless” order;
(g)
(g) an order for or relating to the joinder of causes of action;
(h)
(h) an order for or relating to the addition, substitution or striking out of parties;
(i)
(i) subject to Order 58, rule 7, an order granting relief by way of interpleader;
(j)
(j) an order for or relating to the service or amendment of any pleading;
(k)
(k) an order striking out an action or other proceedings or any pleading under Order 18, rule 19 or under the inherent jurisdiction of the court;
(l)
(l) an order dismissing or striking out an action or other proceedings for want of prosecution;
(m)
(m) an order staying proceedings or execution;
(n)
(n) an order for or relating to a payment into or out of court;
(o)
(o) an order for or relating to security for the costs of an action or other proceedings;
(p)
(p) subject to paragraph (5)(a), an order for or relating to the discovery or inspection of documents, including an order under Order 24, rule 7A(1) for the disclosure of documents before the commencement of proceedings;
(q)
(q) an order for or relating to the service of or answer to interrogatories;
(r)
(r) a judgment or order on admissions under Order 27, rule 3;
(s)
(s) an order granting an interlocutory injunction or for the appointment of a receiver;
(t)
(t) an order for or relating to an interim payment under Order 29;
(u)
(u) an order made under or relating to a summons for directions;
(v)
(v) an order directing a trial with a jury;
(w)
(w) an order for or relating to the fixing or adjournment of trial dates;
(x)
(x) an order directing a new trial or a re-hearing;
(y)
(y) an order relating to access to, or the custody, care, education or welfare of, a minor whether in matrimonial, wardship, guardianship, custodianship or any other proceedings, or a certificate under section 41 of the Matrimonial Causes Act 19735;
(z)
(z) an order for or relating to ancillary relief in matrimonial proceedings, including a property adjustment order, an order for the payment of a lump sum and any other order making or relating to financial provision whether of a capital or income nature;
(aa)
(aa) subject to section 18(2)(a) of the Act, a judgment or order under Order 14 or Order 86 or under Order 9, rule 14 of the County Court Rules 19816;
(bb)
(bb) an order setting aside or refusing to set aside another judgment or order (whether such other judgment or order is final or interlocutory);
(cc)
(cc) an order made for or relating to the enforcement of an earlier order (whether such earlier order is final or interlocutory) or giving further directions as to such an order and (without prejudice to the generality of the foregoing)—
(i) a garnishee order nisi or a garnishee order absolute;
(ii) a charging order nisi or a charging order absolute;
(iii) an order for the sale of any property by way of enforcement of an earlier order (whether such earlier order is final or interlocutory) or an order giving directions regarding any such sale or an order designed to regulate or facilitate any such sale;
(dd)
(dd) an order for or relating to the taxation of costs or the delivery, withdrawal or amendment of bills of costs;
(ee)
(ee) without prejudice to paragraph (5)(d), an order made in the course of or by way of regulation of a liquidation and any other order ancillary to or consequential on a winding up order;
(ff)
(ff) an order directing or otherwise determining an issue as to limitation of actions other than as part of a final judgment or order within the meaning of paragraph (3);
(gg)
(gg) an order made on an originating summons under Order 85, rule 2, other than such an order as is mentioned in paragraph (5)(c).
(7) Notwithstanding anything in paragraph (3)—
(a)
(a) orders made on an appeal to the High Court under section 1(2) of the Arbitration Act 19797shall be treated as final orders;
(b)
(b) all other orders made in connection with or arising out of an arbitration or arbitral award shall be treated as interlocutory orders; without prejudice to the generality of the foregoing, such orders shall include—
(i) orders made in connection with the appointment or removal of an arbitrator or umpire;
(ii) orders made on or in connection with applications for an extension of time for commencing arbitration proceedings;
(iii) orders setting aside an arbitral award or remitting the matter to an arbitrator or umpire (other than orders setting aside the award or remitting the matter made on an appeal in pursuance of the said section 1(2)); and
(iv) orders made on or in connection with applications for...
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