Rules of the Supreme Court (Amendment) 1986
| Jurisdiction | UK Non-devolved |
1986No. 632 (L. 2)
SUPREME COURT OF ENGLAND AND WALES
The Rules of the Supreme Court (Amendment) 1986
26thMarch1986
7thApril1986
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.--(1) These Rules may be cited as the Rules of the Supreme Court (Amendment) 1986 and, subject to rule 11, shall come into force on 28th April 1986.
(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 Form referred to by number means the Form so numbered in Appendix A to those Rules.
Costs
2. In Order 1, rule 4(1), in the definition of "master", for the words "master of the Supreme Court (Taxing Office)" there shall be substituted the words "taxing master".
3. For Order 4, rule 9 there shall be substituted the following new rule--
"Consolidation, etc., of causes or matters
9.--(1) Where two or more causes or matters are pending in the same Division and it appears to the Court--
(a) that some common question of law or fact arises in both or all of them, or
(a) 1981 c.54.
(b) S.I. 1965/1776; the relevant amending instruments are S.I. 1966/1514, 1968/1244, 1969/1894, 1970/671, 1971/354, 1269, 1955, 1972/813, 1194, 1898, 1973/2046, 1974/295, 1975/911, 1976/337, 1196, 2097, 1977/532, 559, 960, 1979/35, 402, 522, 1542, 1716, 1980/629, 1010, 1981/1734, 1982/1111, 1786, 1983/1181, 1984/1051, 1985/69, 846.
(b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions, or
(c) that for some other reason it is desirable to make an order under this paragraph,
the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time or one immediately after another or may order any of them to be stayed until after the determination of any other of them.
(2) Where the Court makes an order under paragraph (1) that two or more causes or matters are to be tried at the same time but no order is made for those causes or matters to be consolidated, then, a party to one of those causes or matters may be treated as if he were a party to any other of those causes or matters for the purpose of making an order for costs against him or in his favour.".
4. Order 14, rule 7(1) and Order 86, rule 6 shall be amended by substituting, for the words "to rule 4(1) thereof", the words "to paragraphs (1) to (3) of rule 8 of that Order".
5. After Order 22, rule 13 there shall be added the following new rule--
"Written Offers 'without prejudice save as to costs'
14.--(1) A party to proceedings may at any time make a written offer to any other party to those proceedings which is expressed to be 'without prejudice save as to costs' and which relates to any issue in the proceedings.
(2) Where an officer is made paragraph (1), the fact that such an offer has been made shall not be communicated to the court until the question of costs falls to be decided and the Court shall, in accordance with Order 62, rule 9(d), take into account any offer which has been brought to its attention.
Provided that the Court shall not take such an offer into account if, at the time it is made, the party making it could have protected his position as to costs by means of a payment into court under Order 22.".
6. Order 38, rule 32 shall be amended by substituting, for the words "to rule 7(1)", the words "to rule 10(1)".
7. For Order 62 there shall be substituted the Order set out in the Schedule to these Rules.
8. Order 80 shall be amended as follows:--
(a) in rule 11(1) (a) the words "section 174 of the County Courts Act 1959, or" shall be omitted;
(b) in rule 12(1) for the words ", whether under section 174 of the County Courts Act 1959, or this rule, or under both that section and" there shall be substituted the word "under";
(c) in rule 12(3) the words "and whether before or after the money is transferred to or paid into a county court," shall be omitted;
(d) rule 13 shall be revoked.
9. Order 106 shall be amended as follows:--
(a) in the title to rule 2 the words " excercisable by judge in chambers, etc."shall be omitted;
(b) in rule 2(2) for the words from "by a judge" to the end there shall be substituted the following words--
"by--
(a) a judge in chambers,
(b) a master, a taxing master or a registrar of the Family Division, or
(c) a district registrar, if the costs are for contentious business done in a cause or matter which proceeded in the district registry of which he is the registrar or for non-contentious business.";
(c) after rule 5 there shall be inserted the following new rule--
"Certificate to be submitted with solicitor's application for taxation
5A. A solicitor who applies for an order under the Act for the taxation of his bill of costs shall lodge with his application a certificate that all the relevant requirements of the Act have been satisfied.".
10. Paragraph 4 of Schedule 2 to the Legal Aid Act 1974 (Remuneration of persons giving legal aid under Part I of the Act) shall be amended as follows:--
(a) in sub-paragraph (1), for the words from ", costs shall" to "interested; ", there shall be substituted the following words--
"and to any statutory provision to the contrary, costs shall be taxed for the purposes of this Schedule on the standard basis within the meaning of rules of court made under section 84 of the Supreme Court Act 1981;";
(b) in sub-paragraph (2)--
(i) for the words "the rules applicable on such a taxation as there mentioned", there shall be substituted the words "any statutory provision to the contrary,"; and
(ii) for the words "such a taxation" in the second place where they occur, there shall be substituted the words "a taxation";
(c) after sub-paragraph (2) there shall be added the following new subparagraph--
"(3) In this paragraph, "statutory provision" has the same meaning as in section 151 (1) of the Supreme Court Act 1981.".
11.--(1) Subject to the following provisions of this rule, Rules 2 to 10 shall come into force on 28th April 1986 and shall apply to all proceedings for the taxation of costs, whether begun before or after that date.
(2) Rule 8 shall not come into force until the day appointed under section 76(1) of the Administration of Justice Act 1982( a) for the coming into force of section 75 of that Act in relation to sections 99(3), 168 to 174A and 176 of the County Courts Act 1959 ( b).
(3) Where the judgment or order or the event giving rise to a right to an immediate taxation of costs was made or occurred before 28th April 1986
(a) rules 3(4), 7, 12, 13 and 17 of, and Appendix 2 to, Order 62 as substituted by Rule 7, and
(b) the amendments to the Legal Aid Act 1974 effected by Rule 10,
shall not apply and in any such case the costs shall be taxed in accordance with rules 3(10), 9, 28 and 32 of, and Appendix 2 to, Order 62 as in force immediately before 28th April 1986.
(4) Until section 2 of the Civil Jurisdiction and Judgments Act 1982( c)comes into force, for paragraph 2 of Part III of Appendix 3 to Order 62 as substituted by Rule 7 there shall be substituted the following provision--
"2. Where a certificate of a judgment or decree is registered in the High Court in the Register for Irish Judgments or the Register for Scottish Judgments under the Judgments Extension Act 1868( d), within 12 months of the date of the judgment and without an order, there shall be allowed--
Costs of registration ……………………£23.00".
(5) Order 62 as in force immediately before 28th April 1986 shall continue to have effect for the purposes of the Matrimonial Causes (Costs) Rules 1979( e).
Service of documents through document exchanges
12. Order 6, rule 5(2) shall be amended by inserting, after the words "by a solicitor, the business address", the words "(to which may be added a numbered box at a document exchange)".
13. Order 12, rule 3(2) shall be amended by inserting, after the words "a business address", the words "(to which may be added a numbered box at a document exchange)".
(a) 1982 c. 53.
(b) 1959 c. 22.
(c) 1982 c. 27.
(d) 1868 c. 54.
(e) S.I. 1979/399.
14. Order 65, rule 5(1) shall be amended by substituting, for the words "(c)in such other manner as the Court may direct,", the words:
"(c) where the proper address for service includes a numbered box at a document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents every business day to that document exchange, or
(d) in such other manner as the Court may direct.
In these rules "document exchange" means any document exchange for the time being approved by the Lord Chancellor.".
15. Order 65, rule 5 shall be further amended by inserting, after paragraph (2), the following new paragraph:
"(2A) Any such document which is left at a document exchange in accordance with paragraph (1)(c) shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.".
16. Order 65, rule 5 shall be further amended by adding, after paragraph (3), the following new paragraph:
"In this rule "business day" means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.".
Limitation period in defamation actions
17. Order 32, rule 9 shall be amended as follows:--
(1) In paragraph (1), after sub-paragraph(b), there shall be inserted the following words:--
"or
(c) to grant leave under section 32A of the Limitation Act 1980( a) to bring an action for libel or slander,";
(2) In paragraph (3), after the words "the said section 139", there shall be inserted the words "or the said section 32A".
Committal
18. Order 52, rule 6(2) shall be...
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