Rules of the Supreme Court (Amendment No. 2) 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/1187 |
1986 No. 1187 (L.9)
SUPREME COURT OF ENGLAND AND WALES
The Rules of the Supreme Court (Amendment No. 2) 1986
Made 10th July 1986
Laid before Parliament 10th July 1986
Coming into operation in accordance with Rule 1
We, the Supreme Court Rule Committee, having power under section 84 of the Supreme Court Act 1981 to make rules of court for the purpose of regulating and prescribing the practice and procedure to be followed in the Supreme Court, 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) 1986 and shall come into operation on 1st October 1986, except for this Rule and Rules 10 to 12, which shall come into operation on 1st August 1986, and Rules 13 and 14, which shall come into operation when the Trade Marks (Amendment) Act 1984 comes into force.
(2) In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 19651and a Form referred to by number means the Form so numbered in Appendix A to those Rules.
Forfeiture of leasehold property
2. Order 6, rule 2(1) shall be amended by adding, at the end of sub-paragraph (c), the words:
“and
(iii)
(iii) in a case where the plaintiff knows of any person entitled to claim relief against forfeiture as underlessee (including a mortgagee) under section 146(4) of the Law of Property Act 19252or in accordance with section 38 of the Supreme Court Act 1981, the name and address of that person.”.
3. After Order 6, rule 2(1) there shall be inserted the following new paragraph:
“2 Where particulars are given pursuant to paragraph (1)(c)(iii), the plaintiff shall send a copy of the writ to the person named.”.
Section 47, Administration of Justice Act 1985
4. Order 15 shall be amended by inserting, after rule 13, the following new rule:
“Notice of action to non-parties
13A.—(1) At any stage in an action to which this rule applies, the Court may, on the application of any party or of its own motion, direct that notice of the action be served on any person who is not a party thereto but who will or may be affected by any judgment given therein.
(2) An application under this rule may be made ex parte and shall be supported by an affidavit stating the grounds of the application.
(3) Every notice of an action under this rule shall be in Form No. 52 in Appendix A and accompanied by a copy of the originating summons or writ and a form of acknowledgment of service in Form No. 14 or 15 in Appendix A with such modifications as may be appropriate.
(4) A person may, within 14 days of service on him of a notice under this rule, acknowledge service of the writ or originating summons and shall thereupon become a party to the action, but in default of such acknowledgment and subject to paragraph (5) he shall be bound by any judgment given in the action as if he was a party thereto.
(5) If at any time after service of such notice on any person the writ or originating summons is amended so as substantially to alter the relief claimed, the Court may direct that the judgment shall not bind such person unless a further notice together with a copy of the amended writ or originating summons is served upon him under this rule.
(6) This rule applies to any action relating to:
(a)
(a) the estate of a deceased person, or
(b)
(b) property subject to a trust.”.
5. Form No. 52 in Appendix A shall be renumbered as Form No. 52A and the following new form shall be inserted as Form No. 52:
Notice of action (O.15 r. 13A)“
Notice of action (O.15 r. 13A)
Exchange of witnesses' statements and meetings of experts
6. Order 38 shall be amended by inserting, after rule 2, the following new rule:—
“Exchange of witnesses' statements
2A.—(1) This rule applies to any cause or matter which is proceeding in the Chancery Division, the Commercial Court, the Admiralty Court or as official referees' business, and in this rule “”
(2) At any stage in any cause or matter to which this rule applies, the Court may, if it thinks fit for the purpose of disposing fairly and expeditiously of the cause or matter and saving costs, direct any party to serve on the other parties, on such terms as the Court shall think just, written statements of the oral evidence which the party intends to lead on any issues of fact to be decided at the trial.
(3) Directions given under paragraph (2) may—
(a)
(a) make different provision with regard to different issues of fact or different witnesses;
(b)
(b) require any written statement served to be signed by the intended witness;
(c)
(c) require that statements be filed with the Court.
(4) Subject to paragraph (6), where the party serving a statement under paragraph (2) does not call the witness to whose evidence it relates no other party may put the statement in evidence at the trial.
(5) Subject to paragraph (6) and unless the Court otherwise orders, where the party serving the statement does call such a witness at the trial—
(a)
(a) that party may not without the consent of the other parties or the leave of the Court lead evidence from that witness the substance of which is not included in the statement served, except in relation to new matters which have arisen in the course of the trial;
(b)
(b) the Court may, on such terms as it thinks fit, direct that the statement served, or part of it, shall stand as the evidence in chief of the witness or part of such evidence;
(c)
(c) whether or not the statement or any part of it is referred to during the evidence in chief of the witness, any party may put the statement or any part of it in cross-examination of that witness.
(6) Where any statement served is one to which the Civil Evidence Acts 19684and 19725apply, paragraphs (4) and (5) shall take effect subject to the provisions of those Acts and of Parts III and IV of this Order. The service of a statement pursuant to a direction given under paragraph (2) shall not, unless expressly so stated by the party serving the same, be treated as a notice under the said Acts.
(7) Where a party fails to comply with a direction given under paragraph (2) he shall not be entitled to adduce evidence to which such direction related without the leave of the Court.
(8) Nothing in this rule shall deprive any party of his right to treat any communication as privileged or make admissible evidence otherwise inadmissible.”.
7. Order 38, rule 8 shall be amended by inserting, after the words , the words .
8. Order 38, rule 38 shall be amended by adding, at the end, the following new paragraph:
“3 In any cause or matter the Court may, if it thinks fit, direct that there be a meeting “without prejudice” of such experts within such periods before or after the disclosure of their reports as the Court may specify, for the purpose of identifying those parts of their evidence which are in issue. Where such a meeting takes place the experts may prepare a joint statement indicating those parts of their evidence on which they are, and those on which they are not, in agreement.”.
Court of Appeal
9. Order 59 shall be amended as follows:—
(i) rule 4(1) shall be amended by substituting, for the words , the words and by substituting, for the words , the word ;
(ii) rule 5(1) shall be amended—
(a) by substituting, for the words from to , the words ;
(b) by substituting a full stop for a comma at the end of sub-paragraph (b) and by omitting the words thereafter, to the end of the rule;
(iii) rule 5(4) shall be amended by substituting, for the figure , the figure and by omitting the words ;
(iv) rule 6(4) shall be amended by substituting, for the words , the words ;
(v) the following new paragraph shall be inserted after paragraph (1) of rule 14—
“1A In support of any application (whether made ex parte or inter partes) the applicant shall lodge with the registrar such documents as the Court of Appeal, a single judge or the registrar may direct, and rule 9(3) and (4) shall apply, with any necessary modifications, to applications as they apply to appeals.”;
(vi) rule 19(2) shall be amended by substituting, for the words , the words ;
(vii) the following paragraph shall be substituted for rule 19(3)—
“In relation to the appeal rule 4(1) and rule 5(1) shall have effect as if for the words there were substituted the words ”.
Child Abduction and Custody Act 1985
10. Order 90 shall be amended by substituting, for the title to Part IV, the title .
11. Order 90 shall be further amended by substituting a comma for the full stop at the end of rule 2 and adding the words .
12. Order 90 shall be further amended by adding, after rule 31, the following new Part:
“V
CHILD ABDUCTION AND CUSTODY ACT 1985
Interpretation
32. In this Part of this Order, unless the context otherwise requires:
(a) “” means
(b) “” means and “” means
(c) “” means
Mode of applications
33.—(1) Except as otherwise provided by this Part, every application under the Hague Convention and...
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