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The Rules of the Supreme Court (Amendment No. 3) 1974

S.I. 1974/1360 · Made 5 August 1974

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SUPREME COURT OF JUDICATURE, ENGLAND PROCEDURE

Made 5th August 1974

Laid before Parliament 16th August 1974

Coming into Operation 1st October 1974

We, the Rule Committee of the Supreme Court, being the authority having for the time being power under section 99(4) of the Supreme Court of Judicature (Consolidation) Act 1925 to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature, hereby exercise those powers and all other powers enabling us in that behalf as follows:—

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. Signature
  7. Explanatory note

1

(1)

These Rules may be cited as the Rules of the Supreme Court (Amendment No. 3) 1974 and shall come into operation on 1st October 1974.

(2)

In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965f1, as amendedf2, and a form referred to by number means the form so numbered in Appendix A to those Rules.

(3)

The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

2

In Order 47, rule 4, for the figure “£100” there shall be substituted the figure “£150”.

3

Appendix 3 to Order 62 shall be amended as follows:—

(a)

For the figures “£100” and “£500”, wherever they appear, there shall be substituted the figures “£150” and “£650” respectively.

(b)

For the basic costs set out in the scale following paragraph 2 of Part I there shall be substituted the following items:—

(a)(b)(c)
£££
“If the amount recovered is:—
not less than £150 but less than £6509.0011.0014.00
not less than £65010.2516.0021.00”.

4

In the note to Form 53 for the figure “£100” there shall be substituted the figure “£150”.

5

Nothing in these Rules shall apply to an action begun before 1st October 1974.

Signature

Elwyn-Jones, C

Widgery, C. J

Denning, M. R

George Baker, P

John Pennycuick, V-C

Eustace Roskill, L. J

Nigel Bridge, J

Ralph Cusack, J

P. J. Millett

Michael Wright

William Carter

H. Montgomery-Campbell

Dated 5th August 1974

Explanatory note

These Rules are consequential on the provisions of the County Courts Jurisdiction Order 1974 (S.I. 1974/1273) relating to the costs of actions commenced in the High Court which could have been commenced in the county court. Rules 2 and 4 prevent a plaintiff recovering any costs of execution where he issues a writ of fieri facias to enforce a judgment without costs for less than £150, instead of £100 as at present. Rule 3 amends the fixed costs set out in Appendix 3 to Order 62.