Rules of the Supreme Court (Amendment No. 4) 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/2427 |
| Year | 1989 |
1989No. 2427 (L.20)
SUPREME COURT OF ENGLAND AND WALES
The Rules of the Supreme Court (Amendment No. 4) 1989
18thDecember1989
11thJanuary1990
As to all provisions except Rules 2 to 16
5thFebruary1990
Rules 2 to 16
4thJune1990
We, the Supreme Court Rule Committee, having power under section 85 of the Supreme Court Act 1981 ( a) to make rules of court under section 84 of that Act for the purpose of regulating and prescribing the practice and procedure to be followed in the Supreme Court, hereby exercise that power as follows:
Citation and commencement
1.-(1) These Rules may be cited as the Rules of the Supreme Court (Amendment No. 4) 1989 and shall come into force on 5th February 1990 except for Rules 2 to 16 which shall come into force on 4th June 1990.
(2) In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 ( b) and a reference to Appendix A or B is a reference to Appendix A or B to those Rules.
Service of process
2. For Order 6, rule 8(1), there shall be substituted the following-
"(1) For the purposes of service, a writ (other than a concurrent writ) is valid in the first instance-
(a) where leave to serve the writ out of the jurisdiction is required under Order 11, for 6 months,(b) in any other case, for 4 monthsbeginning with the date of its issue.
(1A) A concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.".
3. For Order 6, rule 8(2), there shall be substituted the following-
"(2) Subject to paragraph (2A), where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 4 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow.
(a) 1981 c.54.
(b) S.I. 1965/1776; the relevant amending instruments are S.I. 1969/1105, 1970/944, 1971/1955, 1974/295, 1979/402, 522, 1716, 1980/1010, 2000, 1981/1734, 1982/1111, 1786, 1984/1051, 1985/69, 846, 1986/632 and 1987/1423.
(2A) Where the Court is satisfied on an application under paragraph (2) that, despite the making of all reasonable efforts, it may not be possible to serve the writ within 4 months, the Court may, if it thinks fit, extend the validity of the writ for such period, not exceeding 12 months, as the Court may specify.".
4. For Order 97, rule 6(3), there shall be substituted the following-
"(3) Order 7, rule 6, shall not apply to an originating summons under this rule and Order 6, rule 8 (1) and (2) shall apply to such a summons as it applies to a writ but with the substitution for the references to 6 months and to 4 months of references to 2 months.".
5. Forms 1, 8 and 10 in Appendix A shall be amended by substituting, for the words "12 calendar months", the words "4 calendar months (or, if service is to be effected out of the jurisdiction, 6 months)".
6. Forms 1 and 2 in Appendix B shall be amended by substituting, for the words "12 calendar months", the words "4 calendar months (or, if service is to be effected out of the jurisdiction, 6 months)".
7. Nothing in Rules 2 to 6 shall apply to proceedings commenced by a writ or an originating summons issued before those Rules come into force.
More informative pleading
8. For Order 18, rule 12(1), there shall be substituted the following-
"12.-(1) Subject to paragraph (2), every pleading must contain the necessary particulars of any claim, defence or other matter pleaded including, without prejudice to the generality of the foregoing,
(a) particulars of any misrepresentation, fraud, breach of trust, wilful default or undue influence on which the party pleading relies;(b) where a party pleading alleges any condition of the mind of any person, whether any disorder or disability of mind or any malice, fraudulent intention or other condition of mind except knowledge, particulars of the facts on which the party relies; and(c) where a claim for damages is made against a party pleading, particulars of any facts on which the party relies in mitigation of, or otherwise in relation to, the amount of damages. " .9. In Order 18, rule 13(4), the words "and any allegation as to the amount of damages" shall be omitted.
10. Order 82, rule 7 shall be revoked.
11. Nothing in Rules 8 to 10 shall apply to a pleading served before those Rules come into force.
Provision of medical reports
12. After Order 18, rule 12(1), there shall be inserted the following-
"(1A) Subject to paragraph (1B), a plaintiff in an action for personal injuries shall serve with his statement of claim-
(a) a medical report, and(b) a statement of the special damages claimed.(1B) Where the documents to which paragraph (1A) applies are not served with the statement of claim, the Court may-
(a) specify the period of time within which they are to be provided, or(b) make such other order as it thinks fit (including an order dispensing with the requirements of paragraph (1A) or staying the proceedings).(1C) For the purposes of this rule,-
"medical report" means a report substantiating all the personal injuries alleged inthe statement of claim which the plaintiff proposes to adduce in evidence as part of his case at the trial;
"a statement of the special damages claimed" means a...
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