Article 11 Other minor amendments – diligence

(1)

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

(2)

In rule 4.4(4) (authentication and effect of summons)^f1, omit the words “on the dependence, or”.

(3)

In rule 5.5 (service on persons whose address is unknown), at the beginning insert—

“(A1)
Subject to rule 6.A7, this rule applies to service where the address of a person is not known.”.

(4)

In rule 5.6 (service by post)^f2, omit paragraph (A1).

(5)

In rule 10.1 (counterclaim)^f3—

(a)

in paragraph (3), for the words from “warrant” to “counterclaim” substitute “warrant for interim diligence in respect of a counterclaim”; and

(b)

omit paragraph (4), (4A), (4B) and (5).

(6)

In rule 11.3 (warrants for diligence on third party notice)^f4—

(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.”; and

(b)

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

Annotations

Footnotes

f1: Rule 4.4(4) was inserted by S.S.I. 2004/197.
f2: Rule 5.6(A1) was inserted by S.S.I. 2008/121.
f3: Rule 10.1 was amended by S.S.I. 2004/197.
f4: Rule 11.3 was amended by S.S.I. 2004/197.