OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

These Rules amend the Rules of the Supreme Court so as—

  1. (a)

    to enlarge the definition of “cause book” (rule 2);

  2. (b)

    to give procedural backing to the Protection of Trading Interests Act 1980 (rules 3 and 4);

  3. (c)

    to provide for the service of process under the Hague Convention on persons resident in independent Commonwealth countries, for the services of process on a State (as defined in section 14 of the State Immunity Act 1978) and for the recovery and enforcement against a State of a default judgment (rules 5 to 8);

  4. (d)

    to permit the renewal of a writ of execution after its expiry (rule 9);

  5. (e)

    to amend the rules regarding charging orders, consequential upon the implementation of the Charging Orders Act 1978 (rules 10 to 16);

  6. (f)

    to end the use of foolscap paper in the Supreme Court for documents prepared after 1 January 1982 (rules 17 and 18);

  7. (g)

    to modernise the procedure for service in England and Wales of process originating abroad (rule 19);

  8. (h)

    to authorise proceedings in accordance with s. 85(7) of the Fair Trading Act 1973 to be begun by originating motion (rule 20);

  9. (i)

    to provide for maintenance orders which are made in Scotland or Northern Ireland, and are registered in the High Court, to be re-registered in a magistrates' court, and for those which are registered in a magistrates' court to be re-registered in the High Court, as soon as section 3 of the Administration of Justice Act 1977 is brought into force (rule 21);

  10. (j)

    to provide for the enforcement of High Court maintenance orders against persons resident in the Hague Convention countries (Czechoslovakia, France, Norway, Portugal, Sweden and Switzerland) (rule 22);

  11. (k)

    to make miscellaneous minor amendments (rules 23 to 27); and

  12. (l)

    to make minor amendments consequential upon the introduction of the new form of writ (rules 28 to 31).