Explanatory note

These Rules amend the Rules of the Supreme Court in the following respects:—

Part II contains rules made in pursuance of the Civil Evidence Act 1968. Rule 3 specifies the particulars to be included in a pleading where it is intended to put in evidence (by virtue of section 11 or 12 of the Act) a previous conviction, finding of adultery or adjudication of paternity.

Rule 7 adds a new Part III to Order 38, prescribing the procedure to be followed where it is intended to adduce hearsay evidence under Part I of the Act. Order 38, rules 21 to 24, provide for notice to be given of such intention; rule 25 specifies the reasons which may be relied on for contending that the maker of the relevant statement is unavailable to be called as a witness, while rule 26 provides for a counter-notice requiring the maker to be called as a witness if available. Order 38, rule 27, provides for the determination of any question as to his availability; rule 28 makes special provision for statements made in previous proceedings and rule 29 gives the Court a discretion to admit a statement notwithstanding failure to comply with the rules.

Order 38, rule 30, requires a counter-notice to be served by a party who intends to impugn the credibility of the maker of an out-of-court statement sought to be put in by his opponent; if the maker is not to be called, rule 31 requires notice to be given of intention to adduce an inconsistent statement made by him.

Order 38, rule 32, empowers the Court to make a party who, without reasonable cause, serves a counter-notice pay the costs thereby occasioned, and rule 33 enables certain powers of the Court to be exercised in chambers.

Rule 8 makes special provision for the application of Part I of the Act to Admiralty proceedings.

Part III of the Rules contains a number of miscellaneous amendments. Rules 9 and 10 give effect to the recommendation in paragraph 35(2) of the Report of the Committee on Legal Records (Cmnd. 3084) by abolishing the requirement that the originals of Chancery judgments and orders must be bound up in volumes. Rules 11 enables the writ in a limitation action to be served out of the jurisdiction with the leave of the Court. Rule 12 makes fresh provision for applications to the High Court under the Road Traffic Regulation Act 1967 in consequence of the amendments made in that Act by the Transport Act 1968. Rule 13 revokes Order 105, because the jurisdiction of the High Court in proceedings referred to in that Order has been brought to an end by section 13 of the Restrictive Trade Practices Act 1968.

The Rules are to come into operation on 1st October 1969. This is the date on which Part I of the Civil Evidence Act 1968 is brought into force by S.I. 1969/1104 as respects proceedings in the Supreme Court.