Rules of the Supreme Court (Amendment No. 2) 1980

Publication Date:January 01, 1980

1980No. 1010

SUPREME COURT OF JUDICATURE,

ENGLAND AND WALES

PROCEDURE

The Rules of the Supreme Court (Amendment No. 2) 1980

14thJuly1980

18thJuly1980

11thAugust1980

as to the other Rules

1stOctober1980

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(a) to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature, 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) 1980 and shall come into operation on 1st October 1980, except for this rule and rule 14, which shall come into operation on 11th August 1980.

(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, unless the context otherwise requires, a form referred to by number means the form so numbered in Appendix A to the Rules.

Further and better particulars

2. Order 18, rule 12, shall be amended by adding, after paragraph (6), the following paragraph:—

"(7) Where particulars are given pursuant to a request, or order of the Court, the request or order shall be incorporated with the particulars, each item of the particulars following immediately after the corresponding item of the request or order."

3. Order 34, rule 3(2), shall be amended by inserting, after the words "the proper chronological order", a comma and the following words:—

(a) 1925 c. 49; section 99 was extended by section 20 of the Administration of Justice Act 1969 (c. 58).

(b) S.I. 1965/1776. The relevant amending instruments are S.I. 1966/1055 and 1514, 1969/1104, 1970/944, 1208 and 1861, 1971 (1269 and 1955, 1972/1898, 1973/2046, 1974/295, 1976/337, 1977/1955, 1978/579, 1979/402, 1542 and 1716, and 1980/629.

"save that voluntary particulars of any pleading and particulars to which Order 18, rule 12(7) applies shall be placed immediately after the pleading to which they relate;".

Discontinuance

4. Order 21, rule 2, shall be amended by inserting:—

(a) at the beginning of paragraph (1) and paragraph (2), the words "Subject to paragraph (2A),"; and

(b) after paragraph (2), the following new paragraph:—

"(2A) A party in whose favour an interim payment has been ordered, in accordance with Order 29, rule 11, may not discontinue any action or counterclaim, or withdraw any particular claim therein, except with the leave of the Court or the consent of all the other parties."

Payment into court of interest

5. Order 22, rule 1, shall be amended by adding, after paragraph (7), the following paragraph:—

"(8) For the purposes of this rule, the plaintiff's cause of action in respect of a debt or damages shall be construed as a cause of action in respect, also, of such interest as might be included in the judgment, whether under section 3 of the Law Reform (Miscellaneous Provisions) Act 1934 or otherwise, if judgment were given at the date of the payment into court."

Automatic directions

6. Order 25 shall be amended as follows:—

(1) Rule 1(2) shall be amended by deleting the word "and" from the end of sub-paragraph (h), by substituting "; and" for the full-stop at the end of sub-paragraph (i) and by adding the following sub-paragraph:—

"(j) actions for personal injuries for which automatic directions are provided by rule 8.".

(2) At the end of Order 25 there shall be inserted the following rule:—

"Automatic directions in personal injury actions

8.—(1) When the pleadings in any action to which this rule applies are deemed to be closed the following directions shall take effect automatically:—

(a) there shall be discovery of documents within 14 days in accordance with Order 24, rule 2, and inspection within seven days thereafter, save that where liability is admitted, or where the action arises out of a road accident, discovery shall be limited to disclosure by the plaintiff of any documents relating to special damages;

(b) subject to paragraph (2), where any party intends to place reliance at the trial on expert evidence, he shall, within 10 weeks, disclose the substance of that evidence to the other parties in the form of a written report, which shall be agreed if possible;

(c) unless such reports are agreed, the parties shall be at liberty to call as expert witnesses those witnesses the substance of whose evidence has been disclosed in accordance with the preceding sub-paragraph, except that the number of expert witnesses shall be limited in any case to two medical experts and one expert of any other kind;

(d) photographs, a sketch plan and the contents of any police accident report book shall be receivable in evidence at the trial, and shall be agreed if possible;

(e) subject to Order 77, rule 13, the action shall be tried in London, if the action is proceeding in London, but if it is proceeding in a District Registry it shall be tried at the trial centre for the time being designated for the District Registry;

(f) the action shall be tried by Judge alone, as a case of substance or difficulty (Category B), and shall be set down within six months;

(g) the Court shall be notified, on setting down, of the estimated length of the trial.

(2) Where paragraph 1(b) applies to more than one party the reports shall be disclosed by mutual exchange, medical for medical and non-medical for non-medical, within the time provided or as soon thereafter as the reports on each side are available.

(3) Nothing in paragraph (1) shall prevent any party to an action to which this rule applies from applying to the Court for such further or different directions or orders as may, in the circumstances, be appropriate.

(4) For the purposes of this rule—

"a road accident" means an accident on land due to a collision or apprehended collision involving a vehicle; and "documents relating to special damages" include

(a) documents relating to any industrial injury, industrial disablement or sickness benefit rights, and

(b) where the claim is made under the Fatal Accidents Act 1976, documents relating to any claim for dependency on the deceased.

(5) This rule applies to any action for personal injuries except—

(a) any Admiralty action; and

(b) any action where the pleadings contain an allegation of a negligent act or omission in the course of medical treatment."

Interim payments

7. For the existing Parts II and III of Order 29 there shall be substituted the following Part:—

"II. INTERIM PAYMENTS

Interpretation of Part II

9. In this Part of this Order—

"interim payments", in relation to a defendant, means a payment on account of any damages, debt or other sum (excluding costs) which he may be held liable to pay to or for the benefit of the plaintiff; and any reference to the plaintiff or defendant includes a reference to any person who, for the purpose of the proceedings, acts as next friend of the plaintiff or guardian of the defendant.

Application for interim payment

10.—(1) The plaintiff may, at any time after the writ has been served on a defendant and the time limited for him to acknowledge service has expired, apply to the Court for an order requiring that defendant to make an interim payment.

(2) An application under this rule shall be made by summons but may be included in a summons for summary judgment under Order 14 or Order 86.

(3) An application under this rule shall be supported by an affidavit which shall—

(a) verify the amount of the damages, debt or other sum to which the application relates and the grounds of the application;

(b) exhibit any documentary evidence relied on by the plaintiff in support of the application; and

(c) if the plaintiff's claim is made under the Fatal Accidents Act 1976, contain the particulars mentioned in section 2(4) of that Act.

(4) The summons and a copy of the affidavit in support and any documents exhibited thereto shall be served on the defendant against whom the order is sought not less than 10 clear days before the return day.

(5) Notwithstanding the making or refusal of an order for an interim payment, a second or subsequent application may be made upon cause shown.

Order for interim payment in respect of damages

11.—(1) If, on the hearing of an application under rule 10 in an action for damages, the Court is satisfied—

(a) that the defendant against whom the order is sought (in this paragraph referred to as "the respondent") has admitted liability for the plaintiff's damages, or

(b) that the plaintiff has obtained judgment against the respondent for damages to be assessed; or

(c) that, if the action proceeded to trial, the plaintiff would obtain judgment for substantial damages against the respondent or, where there are two or more defendants, against any of them,

the Court may, if it thinks fit and subject to paragraph (2), order the respondent to make an interim payment of such amount as it thinks just, not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff after taking into account any relevant contributory negligence and any set-off, cross-claim or counter claim on which the respondent may be entitled to rely.

(2) No order shall be made under paragraph (1) in an action for personal injuries if it appears to the Court that the defendant is not a person falling within one of the following categories, namely—

(a) a person who is insured in respect of the plaintiff's claim;

(b) a public authority; or

(c) a person whose means and resources are such as to enable him to make the interim payment.

Order for interim payment in respect of sums other than damages

12. If, on the hearing of an application under rule 10, the Court is satisfied—

(a) that the plaintiff has obtained an order for an account to be taken as between himself and the defendant and for any amount certified due on taking the account to be paid; or

(b) that the plaintiff's action includes a...

To continue reading

Request your trial