{
  "url": "https://openlegislation.uk/rules-of-the-supreme-court-amendment-1974/note",
  "json_url": "https://openlegislation.uk/rules-of-the-supreme-court-amendment-1974/note.json",
  "legislation": "uksi/1974/295",
  "legislation_title": "The Rules of the Supreme Court (Amendment) 1974",
  "legislation_url": "https://openlegislation.uk/rules-of-the-supreme-court-amendment-1974",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "The amendments made by these Rules are consequential on the provisions of the Civil Evidence Act 1972 and the Maintenance Orders (Reciprocal Enforcement) Act 1972.\nRule 3 includes the Civil Evidence Act 1972 among the particular matters for consideration on the summons for directions. Rule 5 adds to Order 38 a new Rule 7, which provides for the giving of notice of intention to adduce evidence of a previous finding on a point of foreign law, and a new rule 34 dealing with the admission under Part III of that Order of a statement of lay opinion.\nRule 5 also adds to Order 38 a new Part IV dealing with expert evidence. Except with the leave of the Court or the consent of all parties, a party to any proceedings may not adduce expert evidence (other than affidavit evidence) at the trial unless he has applied to the Court to determine whether directions should be given under new Rule 37, 38 or 41 (new Rule 36). Under new Rule 37 the Court must, in a personal injuries action, order disclosure of medical reports before the trial unless it considers there are special reasons for not doing so. New Rule 38 enables the Court to order disclosure of other expert reports before the trial if satisfied that it is desirable to do so. The Court may if it thinks fit direct disclosure of part of a report (new Rule 39). New Rule 40 reproduces the effect of the former Order 38, Rule 6, so as to require a report of an automobile expert whose evidence is to be adduced at the hearing of a collision action to be made available for inspection before the summons for directions. New Rule 42 extends the provisions of Part III about hearsay statements of fact to statements containing expert evidence. An expert report disclosed in accordance with a direction under new Rule 37 or 38 may be put in evidence by the person to whom it was disclosed (new Rule 42) or at the commencement of the examination in chief of the maker (new Rule 43). New Rule 44 enables the Court to revoke or vary an earlier direction.\nThe Rules also make provision for proceedings under the Maintenance Orders (Reciprocal Enforcement) Act 1972. Rule 6 adds to Order 104 a new Part VI which deals with the transmission of a High Court maintenance order for enforcement in a reciprocating country, the subsequent variation or revocation of such an order and the taking of evidence in England and Wales for the purpose of proceedings in a foreign court relating to a United Kingdom order.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1974/295/note",
    "retrieved_at": "2026-10-29T21:48:52.581865+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}