Rules of the Supreme Court (Amendment No. 2) 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1181 |
| Year | 1983 |
1983 No. 1181 (L. 21)
SUPREME COURT OF ENGLAND AND WALES
The Rules of the Supreme Court (Amendment No. 2) 198325thJuly 1983
4thAugust 1983
1stOctober 1983as to Rules 3 to 11, Rules 13 to 21 and Rule 37in accordance with Rule 1
We, the Supreme Court Rule Committee, having power under section 84 of the Supreme Court Act 1981(a) 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. These Rules may be cited as the Rules of the Supreme Court (Amendment No. 2) 1983 and shall come into operation on 1st October 1983, except for Rules 3 to 11, 13 to 21 and 37, which shall come into operation when section 2 of the Civil Jurisdiction and Judgments Act 1982(b) 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 1965(c) and, unless the context otherwise requires, a form referred to by number means the form so numbered in Appendix A to those Rules.
Issue of Writ
3. Order 6, rule 7 shall be amended by substituting for paragraph (1), the following new paragraph:—
"(1) No writ which is to be served out of the jurisdiction shall be issued
(a) 1981 c. 54.
(b) 1982 c. 27.
(c) S.I. 1965/1776; the relevant amending instruments are S.I. 1967/829, 1809, 1969/1105, 1971/1269, 1955, 1972/1898, 1976/337, 1196, 2097, 1978/1066, 1979/522, 1980/629, 1010, 1981/1734.
without the leave of the court unless it complies with the following conditions, that is to say—
(a) each claim made by the writ is either—
(i) one which by virtue of the Civil Jurisdiction and Judgments Act 1982 the Court has power to hear and determine, or
(ii) one which by virtue of any other enactment the Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction;
and
(b) where a claim made by the writ in one which the Court has power to hear and determine by virtue of the Civil Jurisdiction and Judgments Act 1982, the writ is indorsed before it is issued with a statement that the Court has power under that Act to hear and determine the claim, and that no proceedings involving the same cause of action are pending between the parties in Scotland, Northern Ireland or another Convention territory.".
4. Order 6, rule 7 shall be further amended by adding, at the end, the following new paragraph:—
"(6) For the purposes of this rule, 'Convention territory' means the territory or territories of any Contracting State, as defined by section 1(3) of that Act, to which the Conventions as defined in section 1(1) of that Act apply.".
Service of writ in pursuance of contract
5. Order 10, rule 3 shall be amended by substituting in paragraph (2), for the words from "has been granted" to the end, the words:—
"has been granted under Order 11, rule 1(1) or service of the writ is permitted without leave under Order 11, rule 1(2).".
6. Order 10, rule 3 shall be further amended by adding at the end the following new paragraph:—
"(3) Where a contract contains an agreement conferring jurisdiction to which Article 17 of Schedule 1 or of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 applies and the writ is served under Order 11, rule 1(2) the writ shall be deemed to have been duly served on the defendant.".
Service of process out of the jurisdiction
7. Order 11, rule 1 shall be amended by substituting for that rule the following new rule:—
"Principal cases in which service of writ out of jurisdiction is permissible
1.—(1) Provided that the writ does not contain any claim mentioned in Order 75, rule 2(1) and is not a writ to which paragraph (2) of this rule applies, service of a writ out of the jurisdiction is permissible with the leave of the Court if in the action begun by the writ—
(a) relief is sought against a person domiciled within the jurisdiction;
(b) an injunction is sought ordering the defendant to do or refrain from doing anything within the jurisdiction (whether or not damages are also claimed in respect of a failure to do or the doing of that thing);
(c) the claim is brought against a person duly served within or out of the jurisdiction and a person out of the jurisdiction is a necessary or proper party thereto;
(d) the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which—
(i) was made within the jurisdiction, or
(ii) was made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction, or
(iii) is by its terms, or by implication, governed by English law, or
(iv) contains a term to the effect that the High Court shall have jurisdiction to hear and determine any action in respect of the contract;
(e) the claim is brought in respect of a breach committed within the jurisdiction of a contract made within or out of the jurisdiction, and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of the jurisdiction that rendered impossible the performance of so much of the contract as ought to have been performed within the jurisdiction;
(f) the claim is founded on a tort and the damage was sustained, or resulted from an act committed, within the jurisdiction;
(g) the whole subject-matter of the action is land situate within the jurisdiction (with or without rents or profits) or the perpetuation of testimony relating to land so situate;
(h) the claim is brought to construe, rectify, set aside or enforce an act, deed, will, contract, obligation or liability affecting land situate within the jurisdiction;
(i) the claim is made for a debt secured on immovable property or is made to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, situate within the jurisdiction;
(j) the claim is brought to execute the trusts of a written instrument being trusts that ought to be executed according to English law and of which the person to be served with the writ is a trustee, or for any relief or remedy which might be obtained in any such action;
(k) the claim is made for the administration of the estate of a person who died domiciled within the jurisdiction or for any relief or remedy which might be obtained in any such action;
(l) the claim is brought in a probate action within the meaning of Order 76;
(m) the claim is brought to enforce any judgment or arbitral award;
(n) the claim is brought against a defendant not domiciled in Scotland or Northern Ireland in respect of a claim by the Commissioners of Inland Revenue for or in relation to any of the duties or taxes which have been, or are for the time being, placed under their care and management;
(o) the claim is brought under the Nuclear Installations Act 1965(a) or in respect of contributions under the Social Security Act 1975(b);
(p) the claim is made for a sum to which the Directive of the Council of the European Communities dated 15th March 1976 No. 76/308/EEC applies, and service is to be effected in a country which is a member State of the European Economic Community.
(2) Service of a writ out of the jurisdiction is permissible without the leave of the Court provided that each claim made by the writ is either:—
(a) a claim which by virtue of the Civil Jurisdiction and Judgments Act 1982 the Court has power to hear and determine, made in proceedings to which the following conditions apply—
(i) no proceedings between the parties concerning the same cause of action are pending in the courts of any other part of the United Kingdom or of any other Convention territory, and
(ii) either—
the defendant is domiciled in any part of the United Kingdom or in any other Convention territory, or
the proceedings begun by the writ are proceedings to which Article 16 of Schedule 1 or of Schedule 4 refers, or
the defendant is a party to an agreement conferring jurisdiction to which Article 17 of Schedule 1 or of Schedule 4 to that Act applies,
or
(b) a claim which by virtue of any other enactment the High Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction.
(3) Where a writ is to be served out of the jurisdiction under paragraph (2), the time to be inserted in the writ within which the defendant served therewith must acknowledge service shall be—
(a) 21 days where the writ is to be served out of the jurisdiction under paragraph (2)(a) in Scotland, Northern Ireland or in the European territory of another Contracting State, or
(b) 31 days where the writ is to be served under paragraph (2)(a) in any other territory of a Contracting State, or
(c) limited in accordance with the practice adopted under rule 4(4)
(a) 1965 c. 57.
(b) 1975 c. 14.
where the writ is to be served under paragraph (2)(a) in a country not referred to in sub-paragraphs (a) or (b) or under paragraph (2)(b).
(4) For the purposes of this rule, and of rule 9 of this Order, domicile is to be determined in accordance with the provisions of sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982 and "Convention territory" means the territory or territories of any Contracting State, as defined by section 1(3) of that Act, to which the Conventions as defined in section 1(1) of that Act apply."
8. Order 11, rule 2 shall be revoked.
Application for, and grant of, leave to serve writ out of jurisdiction
9. Order 11, rule 4 shall be amended...
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