Article 10 Other minor amendments – diligence

(1)

The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

(2)

In rule 19.2 (warrants for diligence on counterclaims)^f1—

(a)

in paragraph (1), for “arrestment on the dependence” substitute “interim diligence”; and

(b)

omit paragraphs (2) to (4).

(3)

In rule 20.3 (warrants for diligence on third party notice)—

(a)

for paragraph (1) substitute—

“(1)
A defender who applies for an order for service of a third party notice may apply for—

(a)
a warrant for arrestment to found jurisdiction;

(b)
a warrant for interim diligence,

which would have been permitted had the warrant been sought in an initial writ in a separate action.”;

(b)

in paragraph (2), for “such a warrant” substitute “a warrant under paragraph (1)(a)”; and

(c)

in paragraph (3), for “paragraph (1)” substitute “paragraph (1)(a)”.

Annotations

Footnotes

f1: Rule 19.2 was amended by S.I. 1996/2445 and S.S.I. 2004/197.