OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules amend the Rules of the Supreme Court 1965 so as to—

(a)

entitle a defendant to inspect the documents included in a list of documents served on the plaintiff by a co-defendant to the action (Rule 2);

(b)

revoke the provision dealing with applications to an official referee for him to act as a sole arbitrator consequential on the replacement of section 11 of the Arbitration Act 1950 (c. 27), as amended by section 99 of the Courts and Legal Services Act 1990 (c. 41) (Rule 3);

(c)

make it clear that, where a party entitled to costs has delayed taxation proceedings and that delay has prejudiced the party paying costs by reason of the increased amount of accrued interest, this can be a factor to be taken into account in the Court’s exercise of its discretion to reduce or wholly disallow those costs (Rule 4);

(d)

revoke the provision which provided that references in Order 108 (proceedings relating to charities) to the Charity Commissioners were in relation to any matter in which the Secretary of State for Education and Science had acted under or by virtue of the Charities Act 1960 (c. 58) to be construed as references to the Secretary of State (Rule 5);

(e)

increase the costs allowed to a litigant in person and the fixed costs recoverable under Appendix 3 to Order 62 (Rules 6 and 7).