Rules of the Supreme Court (Amendment) 1969
| Jurisdiction | UK Non-devolved |
| Citation | SI 1969/1105 |
| Year | 1969 |
1969 No. 1105 (L.16)
SUPREME COURT OF JUDICATURE, ENGLANDPROCEDURE
The Rules of the Supreme Court (Amendment) 1969
Made 31th July 1969
Laid before Parliament 11th August 1969
Coming into Operation 1st October 1969
We, the Rule Committee of the Supreme Court, being the authority having for the time being power under section 99(4) of the Supreme Court of Judicature (Consolidation) Act 1925 to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature, hereby exercise those powers and all other powers enabling us in that behalf as follows:—
PART I
CITATION, COMMENCEMENT AND INTERPRETATION
1.—(1) These rules may be cited as the Rules of the Supreme Court (Amendment) 1969 and shall come into operation on 1st October 1969.
(2) In these rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965, as amended1.
(3) The Interpretation Act 1889 shall apply to the interpretation of these rules as it applies to the interpretation of an Act of Parliament.
PART II
AMENDMENTS CONSEQUENTIAL ON THE CIVIL EVIDENCE ACT 1968
2. In the Arrangement of Orders at the beginning of the Rules of the Supreme Court 1965 for the title of Order 38 there shall be substituted the title .
3. Order 18 shall be amended as follows:—
(1) In rule 7(1) after the word there shall be inserted the word ,
(2) The following rule shall be inserted after rule 7:—
“Conviction, etc. to be adduced in evidence: matters to be pleaded
7A.—(1) If in any action which is to be tried with pleadings any party intends, in reliance on section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings) to adduce evidence that a person was convicted of an offence by or before a court in the United Kingdom or by a court-martial there or elsewhere, he must include in his pleading a statement of his intention with particulars of—
(a)
(a) the conviction and the date thereof,
(b)
(b) the court or court-martial which made the conviction, and
(c)
(c) the issue in the proceedings to which the conviction is relevant.
(2) If in any action which is to be tried with pleadings any party intends, in reliance on section 12 of the said Act of 1968 (findings of adultery and paternity as evidence in civil proceedings) to adduce evidence that a person was found guilty of adultery in matrimonial proceedings or was adjusted to be the father of a child in affiliation proceedings before a court in the United Kingdom, he must include in his pleading a statement of his intention with particulars of—
(a)
(a) the finding or adjudication and the date thereof,
(b)
(b) the court which made the finding or adjudication and the proceedings in which it was made, and
(c)
(c) the issue in the proceedings to which the finding or adjudication is relevant.
(3) Where a party's pleading includes such a statement as is mentioned in paragraph (1) or (2), then if the opposite party—
(a)
(a) denies the conviction, finding of adultery or adjudication of paternity to which the statement relates, or
(b)
(b) alleges that the conviction, finding or adjudication was erroneous, or
(c)
(c) denies that the conviction, finding or adjudication is relevant to any issue in the proceedings,
he must make the denial or allegation in his pleading.”
4. In Order 24, rule 2(3), the words from to the end shall be omitted.
5. Order 25, rule 3, shall be amended as follows:—
(1) The words shall be omitted.
(2) After the word there shall be inserted the words .
(3) For paragraph (a) there shall be substituted the following paragraph:—
“(a)
“(a) any provision of Part I of the Civil Evidence Act 1968 (hearsay evidence) or of Part III of Order 38”.
6. In Order 27, for the words , where they appear in rules 2(1), 4(2) and 5(1) and (2), there shall be substituted the words .
7. Order 38 shall be amended as follows:—
(1) For the title there shall be substituted the title .
(2) Immediately before rule 1 there shall be inserted the words .
(3) In rule 1, for the words there shall be substituted the words .
(4) Immediately before rule 14 there shall be inserted the words .
(5) At the end there shall be added the following Part:—
“III
HEARSAY EVIDENCE
Interpretation and application
20.—(1) In this Part of this Order “” means
(2) This Part of this Order shall apply in relation to the trial or hearing of an issue or question arising in a cause or matter, and to a reference, inquiry and assessment of damages, as it applies in relation to the trial or hearing of a cause or matter.
Notice of intention to give certain statements in evidence
21.—(1) Subject to the provisions of this rule, a party to a cause or matter who desires to give in evidence at the trial or hearing of the cause or matter any statement which is admissible in evidence by virtue of section 2, 4 or 5 of the Act must—
(a)
(a) in the case of a cause or matter which is required to be set down for trial or hearing or adjourned into court, within 21 days after it is set down or so adjourned, or within such other period as the Court may specify, and
(b)
(b) in the case of any other cause or matter, within 21 days after the date on which an appointment for the first hearing of the cause or matter is obtained, or within such other period as the Court may specify,
serve on every other party to the cause or matter notice of his desire to do so, and the notice must comply with the provisions of rule 22, 23 or 24, as the circumstances of the case require.
(2) Paragraph (1) shall not apply in relation to any statement which is admissible as evidence of any fact stated therein by virtue not only of the said section 2, 4 or 5 but by virtue also of any other statutory provision within the meaning of section 1 of the Act.
(3) Paragraph (1) shall not apply in relation to any statement which any party to a probate action desires to give in evidence at the trial of that action and which is alleged to have been made by the deceased person whose estate is the subject of the action.
(4) Where by virtue of any provision of these rules or of any order or direction of the Court the evidence in any proceedings is to be given by affidavit then, without prejudice to paragraph (2), paragraph (1) shall not apply in relation to any statement which any party to the proceedings desires to have included in any affidavit to be used on his behalf in the proceedings, but nothing in this paragraph shall affect the operation of Order 41, rule 5, or the powers of the Court under Order 38, rule 3.
(5) Order 65, rule 9, shall not apply to a notice under this rule but the Court may direct that the notice need not be served on any party who at the time when service is to be effected is in default as to entry of appearance or who has no address for service.
Statement admissible by virtue of section 2 of the Act: contents of notice
22.—(1) If the statement is admissible by virtue of section 2 of the Act and was made otherwise than in a document, the notice must contain particulars of—
(a)
(a) the time, place and circumstances at or in which the statement was made;
(b)
(b) the person by whom, and the person to whom, the statement was made; and
(c)
(c) the substance of the statement or, if material, the words used.
(2) If the statement is admissible by virtue of the said section 2 and was made in a document, a copy or transcript of the document, or of the relevant part thereof, must be annexed to the notice and the notice must contain such (if any) of the particulars mentioned in paragraph (1)(a) and (b) as are not apparent on the face of the document or part.
(3) If the party giving the notice alleges that any person, particulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 25, the notice must contain a statement to that effect specifying the reason relied on.
Statement admissible by virtue of section 4 of the Act: contents of notice
23.—(1) If the statement is admissible by virtue of section 4 of the Act, the notice must have annexed to it a copy or transcript of the document containing the statement, or of the relevant part thereof, and must contain—
(a)
(a) particulars of—
(i) the person by whom the record containing the statement was complied;
(ii) the person who originally supplied the information from which the record was compiled; and
(iii) any other person through whom that information was supplied to the compiler of that record;
and, in the case of any such person as is referred to in (i) or (iii) above, a description of the duty under which that person was acting when compiling that record or supplying information from which that record was compiled, as the case may be;
(b)
(b) if not apparent on the face of the document annexed to the notice, a description of the nature of the record which, or part of which, contains the statement; and
(c)
(c) particulars of the time, place and circumstances at or in which that record or part was compiled.
(2) If the party giving the notice alleges that any person, particulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 25, the notice must contain a statement to that effect specifying the reason relied on.
Statement admissible by virtue of section 5 of the Act:...
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