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Explanatory note

Original text. Later amendments are not shown.

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

(a) to change the practice regarding the giving of further and better particulars and the place in which they should appear in a set of pleadings (rules 2 and 3);

(b) to prevent discontinuance without the leave of the Court once an interim payment has been ordered (rule 4);

(c) to provide for interest to be included in a payment into court in satisfaction of a claim (rule 5);

(d) to provide for automatic directions (without a summons) in personal injury actions (rule 6);

(e) to allow the Court to order payments on account of any damages, debt or other sum (excluding costs) whatever the nature of the litigation (rule 7);

(f) to allow a defendant to make an offer to accept reduced liability where liability is ordered to be tried before any issue or question concerning damages (rule 8);

(g) to require a writ of subpoena to be served no later than four days before the hearing, unless the Court directs otherwise (rule 9);

(h) to require all experts' reports (medical and non-medical) to be disclosed in personal injury cases, unless sufficient reason is shown to the contrary (rule 10);

(i) to allow judgments and orders of certain kinds to be made “by consent” without judicial action or approval (rule 11);

(j) to provide for appeals by case stated under the Domestic Proceedings and Magistrates' Courts Act 1978 to be taken by a Divisional Court of the Family Division (rule 12);

(k) to revise the Fixed Costs which may be allowed under Appendix 3 to Order 62 (rule 13);

(l) to require that the originating summons in wardship proceedings should state the relationship of each party to the minor, or the party's interest in the proceedings (rule 14); and

(m) to require any appeal from a magistrates' court in matrimonial proceedings to be heard by a single judge (unless the President otherwise directs), if it relates only to the amount of a lump sum payment ordered by the court, or to the amount of access ordered in respect of a child (rule 15).