Explanatory note

(This note is not part of the Rules)

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

(1)

Part 1 amends the rules relating to revenue appeals. In particular—

(a)

rule 3 introduces a new rule for appeals direct to the Court of Appeal from the Special Commissioners;

(b)

rule 5(a) to (d) amends Order 91 to take account of changes to the rules governing proceedings before the Special and General Commissioners; rule 5(d) also extends the time limit for certain appeals.

(c)

rule 5(e) extends the time limit for certain appeals from the Value Added Tax Tribunal.

(2)

Part 2 imposes a requirement to seek leave to appeal in certain proceedings and clarifies the meaning of “order” for the purposes of that requirement.

(3)

Part 3 introduces a new rule for the taxation of fees arising under a conditional fee agreement between a solicitor and his client.

(4)

Part 4 amends Order 115 to take account of the Drug Trafficking Act 1994. The amendments update relevant statutory references. They also insert new provisions arising from changes made by that Act, particularly those relating to the making of confiscation orders against defendants who have died or absconded. Amendments are also made to the provisions of O.115 dealing with the recovery of property under the Drug Trafficking Act 1994.

(5)

Part 5 makes miscellaneous amendments. The amendments—

(a)

substitute “incapacity benefit” for “sickness benefit” in Order 25, rule 8(4)(a) (automatic directions) (rule 36);

(b)

enable the Court to penalise a defaulting defendant in originating summons proceedings by debarring evidence or striking out the defence or counterclaim (rule 37);

(c)

enable a defendant to apply ex parte for an injunction (rule 38);

(d)

increase the costs which may be allowed in relation to a charging order absolute (rule 39);

(e)

amend the provisions relating to bail to take account of the new transfer for trial procedure provided for by section 44 of the Criminal Justice and Public Order Act 1994 (c. 33) (rules 40 to 42);

(f)

allow a defendant to apply for summary judgment on a counterclaim in an action for specific performance (rules 43 and 44);

(g)

amend Order 88, rule 5(6) (mortgage action for payment of money), which specifies the details to be shown in the plaintiff’s affidavit filed under that provision (rule 45);

(h)

omit the requirement for an application under section 651 of the Companies Act 1985 to be begun by originating motion (rule 46);

(i)

amend the procedure relating to applications for the revocation of a patent and make a minor change to the wording of the costs provisions relating to patents proceedings (rule 47 and 50);

(j)

modify the procedure for giving discovery in patents proceedings (rules 48 and 49);

(k)

clarify the orders to which Order 114 (references to European Court) applies (rule 51);

(l)

introduce new forms of acknowledgement of service (rule 52 and 53); and

(m)

amend the notice of motion so as to require the place of hearing to be specified (rule 54).