Explanatory note

(This note is not part of the Rules)

These Rules amend the Rules of the Supreme Court 1965 as follows–

(1)

rule 3 extends the period of validity of a writ in personam in admiralty proceedings served out of the jurisdiction with leave of the Court from 4 to 6 months;

(2)

rule 4 inserts a new procedure in relation to derivative actions under which the plaintiff must apply for leave to continue the action if notice to defend is given;

(3)

rule 6 allows a defendant to appropriate money paid to a third person to abide the outcome of the action towards a claim in the writ;

(4)

rule 7 requires a party who issues a summons for an application in chambers to serve the summons and any evidence in support on the other party within 14 days of its issue;

(5)

rule 8 disapplies the usual provisions relating to costs that may be recovered in cases where regulations under the Legal Aid Act 1988 determine the relevant amounts;

(6)

rule 9 provides that notice of a change of solicitor must be served by the new solicitor, rather than by the litigant himself;

(7)

rule 10 extends the application of the provisions dealing with the service of a writ on a foreign state to proceedings under the Arbitration Act 1950 (c. 27) and the Arbitration Act 1979 (c. 42);

(8)

rules 11 and 12 permit Masters of the Queen’s Bench and Chancery Divisions and District Judges of the Family Division to make orders under section 27(1) of the Crown Proceedings Act 1948 (c. 44) to attach debts due from the Crown;

(9)

rule 13 provides that in relation to defamation proceedings–

(a)

the plaintiff must serve a reply where the defendant pleads justification or fair comment;

(b)

either party may apply for a preliminary ruling on meaning;

(c)

the plaintiff must plead in greater detail matters relied on in support of his claim for damages;

(10)

rule 15 amends the provisions relating to an application for payment or transfer out of funds in court; the maximum amount of funds which may be the subject of an ex parte application is increased from £5,000 to £15,000;

(11)

rule 16 unifies the procedure in the three Divisions of the High Court in relation to applications under Part III of the Solicitors Act 1974 (c. 47);

(12)

rule 17 provides that a subpoena relating to proceedings in chambers may be issued out of Chancery Chambers;

(13)

rule 18 makes a consequential amendment to the rule relating to the contents of an affidavit;

(14)

rule 19 provides that an affidavit in support of an application for summary judgment under Order 86 (specific performance and certain other claims) may contain statements of information and belief;

(15)

rules 20 to 22 contain amendments consequential on the repeal of various enactments;

(16)

rule 23 removes a tautologous provision in Form No. 111;

(17)

rule 24 revokes the Rules of the Supreme Court (Non–Contentious Probate Costs) 1956.