The Rules of the Supreme Court (Amendment) 1990
S.I. 1990/492 · Made 5 March 1990
SUPREME COURT OF ENGLAND AND WALES
Made 5th March 1990
Laid before Parliament 9th March 1990
Coming into force
As to all provisions except Rules 6 to 8 1st April 1990
Rules 6 to 8 4th June 1990
We, the Supreme Court Rule Committee, having power under section 85 of the Supreme Court Act 1981f1 to make rules of court under section 84 of that Act for the purpose of regulating and prescribing the practice and procedure to be followed in the Supreme Court, hereby exercise that power as follows:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2The community charge
- 3Costs
- 4Costs
- 5Miscellaneous amendments
- 6Miscellaneous amendments
- 7Miscellaneous amendments
- 8Miscellaneous amendments
- Signature
- Explanatory note
1Citation and commencement
These Rules may be cited as the Rules of the Supreme Court (Amendment) 1990 and shall come into force on 1st April 1990 except for Rules 6 to 8 which shall come into force on 4th June 1990.
In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965f1 and a reference to Appendix A or B is a reference to Appendix A or B to those Rules.
2The community charge
After the words “the sum so specified” in Order 6, rule 2(1)(c)(ii), there shall be inserted the words “or whether the rent for the time being payable in respect of the premises exceeds the sum specified in section 4(4)(b) of the Rent Act 1977f1”.
After the words “the sum so specified” in Order 13, rule 4(2) and Order 19, rule 5(2), there shall be inserted the words “or of which the rent payable in respect of the premises exceeds the sum specified in section 4(4)(b) of the Rent Act 1977”.
In relation to domestic property within the meaning of section 66 of the Local Government Finance Act 1988f2, the reference in Order 88, rule 3(3)(b) to the net annual value for rating shall be construed as a reference to the value shown on the valuation list in force on 31st March 1990 or to its value by the year, as the case may be.
3Costs
Order 62, rule 18(3) shall be amended by substituting, for the sum “£7.00”, the sum “£7.50”.
4Costs
Appendix 3 to Order 62 shall be amended as follows–
For Table A (Basic Costs) in Part I there shall be substituted the following Table–
“
A. Basic Costs
Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix (a) (b) (c) £p £p £p If the amount recovered is– not less than £600 but less than £2,000– where the writ was served by post
50.00 60.00 116.00 where the writ was served on the defendant personally
56.00 71.00 121.00 not less than £2,000 but less than £3,000– where the writ was served by post
56.00 73.00 121.00 where the writ was served on the defendant personally
66.00 77.00 127.00 not less than £3,000 73.00 105.00 150.00 ”
Table B (Additional costs) in Part I shall be amended by substituting, for the figures shown in columns (i) and (ii), the following figures–
| (i) | (ii) | |
|---|---|---|
| (1) | 7.75 | 10.00 |
| (2) | 18.00 | 39.00 |
| (3)(a) | 28.00 | 50.00 |
| (b) | 33.00 | 56.00 |
| (4) | 13.00 | 15.00 |
| (5) | 13.00 | 15.00 |
| (6) | 10.00 | 18.00 |
Part III, paragraph 1 shall be amended by substituting, for the sum of “£6.50”, the sum of “£7.00”.
Part III, paragraph 2 shall be amended by substituting, for the sum of “£26.50”, the sum of “£27.50”.
Part III, paragraph 3 shall be amended as follows–
for the sum of “£16.00” in sub-paragraph (a) there shall be substituted the sum of “£17.00”;
for the table “Basic Costs” in sub-paragraph (b) there shall be substituted the following table–
“(i)Basic Costs
If the amount recovered by the applicant from the garnishee is– £ p less than £140.00 … one half of the amount recovered not less than £140.00 … 72.00 ”;
for the sum of “£12.00” in the table “Additional costs” in sub-paragraph (b) there shall be substituted the sum of “£13.00”;
Part III, paragraph 4 shall be amended by substituting, for the sums of “£75.50” and “£12.00”, the sums of “£81.00” and “£13.00”.
Part III, paragraph 5 shall be amended by substituting, for the sums of “£29.00” and “£1.90”, the sums of “£31.00” and “£2.00”.
Part III, paragraph 6 shall be amended by substituting, for the sum of “£35.50”, the sum of “£38.00”.
5Miscellaneous amendments
In order 115, rule 4(4), the words “, unless the Court otherise directs,” shall be omitted.
6Miscellaneous amendments
Forms 1, 8 and 10 in Apendix A shall be amended by substituting, for the words “12 calendar months”, the words “4 calendar months (or, if leave is required to effect service out of the jurisdiction, 6 months)”.
7Miscellaneous amendments
Forms 1 and 2 in Appendix B shall be amended by substituting, for the words “12 calendar months”, the words “4 calendar months (or, if leave is required to effect service out of the jurisdiction, 6 months)”.
8Miscellaneous amendments
Nothing in Rule 6 or 7 shall apply to proceedings commenced by a writ or an originating summons issued before those Rules come into force.
Signature
Mackay of Clashfern, C.,
Lane, C.J.,
Donaldson of Lymington, M.R.,
Stephen Brown, P.,
N. Browne-Wilkinson, V-C.,
Dillon, L.J.,
Millett, J.,
Hugh Bennett,
C.R. Berry.
Dated 5th March 1990
Explanatory note
(This Note is not part of the Rules)
These Rules amend the Rules of the Supreme Court 1965 so as to–
provide for the modification of provisions relating to the rateable value of domestic property as a result of the introduction of the community charge (Rule 2);
increase the costs allowed to a litigant in person and the fixed costs recoverable under Appendix 3 to Order 62 (Rules 3 and 4);
remove the power to dispense with the giving of notice to persons affected by a charging order made under section 9 of the Drug Trafficking Offences Act 1986 (c. 32; section 9 was amended by the Criminal Justice Act 1988 (c. 33), Schedule 5 paragraph 4) (Rule 5); and
revise the amendments relating to service of process made to some of the prescribed forms by rules 5 and 6 of the Rules of the Supreme Court (Amendment No. 4) 1989 (S.I. 1989/2427) (Rules 6 to 8).