The Rules of the Supreme Court (Amendment) 1997
S.I. 1997/415 · Made 24 February 1997
SUPREME COURT OF ENGLAND AND WALES
Made 24th February 1997
Laid before Parliament 24th February 1997
Coming into force 1st April 1997
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 those powers as follows—
Annotations to the whole text
Footnotes
- f1
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1981 c. 54; section 85 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 36(1).
Contents
- 1Citation, commencement and interpretation
- 2Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982
- 3Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982
- 4Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982
- 5Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982
- 6Miscellaneous amendments
- 7Miscellaneous amendments
- 8Miscellaneous amendments
- 9Miscellaneous amendments
- Signature
- Explanatory note
1Citation, commencement and interpretation
These Rules may be cited as the Rules of the Supreme Court (Amendment) 1997 and shall come into force on 1st April 1997.
In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965f1
2Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982
After Order 11, rule 8 there shall be inserted the following—
“Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982
8A(1)Service of an originating summons out of the jurisdiction claiming interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982 (as extended by Order in Council made under section 25(3)f1), is permissible with the leave of the Court.
(2)An application for the grant of leave under paragraph (1) must be supported by an affidavit stating—
(a)the grounds on which the application is made;
(b)that in the deponent’s belief the plaintiff has a good claim to interim relief,
(c)in what place or country the defendant is, or probably may be, found.
(3)The following provisions of this Order shall apply, with the necessary modifications, where service is to be effected under this rule as they apply where service is effected under rule 1:
Rule 1(3) (time limited for acknowledging service),
Rule 4(2), (3) and (4) (grant of leave),
Rule 5 (service of writ abroad: general),
Rule 6 (service of writ abroad through foreign governments etc.),
Rule 8 (undertaking to pay expenses of service).”.
3Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982
After Order 28, rule 7(3), there shall be inserted the following new paragraph—
“(4)This rule does not apply where an application is made claiming interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982.”.
4Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982
After Order 29, rule 8, there shall be inserted the following new rule—
“Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982
8AAn application claiming interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982 (as extended by Order in Council made under section 25(3)) shall be made by originating summons and the foregoing provisions of this Order (except rules 5, 6 and 7(2)) shall apply, with the necessary modifications, to such applications as they apply to applications for interlocutory relief in an action or proceeding in the High Court.”.
5Applications for interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982
For the definition of “patent” in Order 104, rule 1f1, there shall be substituted the following—
“‘patent’ means an existing patent or a 1977 Act patent and includes any supplementary protection certificate granted pursuant to the Patents (Supplementary Protection Certificates) Rules 1997f2, the Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992f3 and the Patents (Supplementary Protection Certificate for Plant Protection Products) Regulations 1996f4.”.
6Miscellaneous amendments
Order 4, rule 1(1)(a)f1 shall be amended by substituting, for the words “subject to rules 7 and 9,” the words “subject to rules 6 and 8,”
7Miscellaneous amendments
8Miscellaneous amendments
Order 73, rule 5(6)f1 and footnote (b) to that paragraph shall be amended by substituting, for the words “in article 4(4)”, the words “in article 5(4)”.
9Miscellaneous amendments
Rule 1(1) of the Rules of the Supreme Court (Amendment) 1996, S.I. 1996 No. 3219 (L.18), and the title to that instrument shall be amended by substituting, for the words “Rules of the Supreme Court (Amendment) 1996”, the words “Rules of the Supreme Court (Amendment No. 2) 1996”.
Signature
Mackay of Clashfern, C.,
Bingham of Cornhill, C. J.,
Woolf, M. R.,
Stephen Brown, P.,
Richard Scott, V-C.,
Rattee, J.,
Bell, J.,
J. A. Wall.
Dated 24th February 1997
Explanatory note
(This note is not part of the Rules)
These Rules amend the Rules of the Supreme Court so as—
to enable service to be effected out of the jurisdiction where the plaintiff claims interim relief in order to prevent the dissipation of assets within the jurisdiction pending the outcome of legal proceedings abroad (rules 2 to 4);
to amend the definition of a patent (rule 5);
to make some corrections (rules 6 and 9);
to reflect the change in name of chief clerk (rule 7); and
to make minor amendments to Order 73 (rule 8).