The Rules of the Supreme Court (Amendment No. 3) 1980
S.I. 1980/1908 · Made 10 December 1980
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SUPREME COURT OF JUDICATURE, ENGLAND AND WALES
PROCEDURE
Made 10th December 1980
Laid before Parliament 11th December 1980
Coming into Operation 2nd January 1981
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 as follows:—
These Rules may be cited as the Rules of the Supreme Court (Amendment No. 3) 1980 and shall come into operation on 2nd January 1981.
(2)
In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965f1and, unless the context otherwise requires, a form referred to by number means the form so numbered in Appendix A to the Rules.
Order 56, rule 1(1) shall be amended by inserting, after the words “affiliation proceedings”, the words “or to care proceedings under the Children and Young Persons Act 1969”.
In the title there shall be added, after the words “affiliation proceedings”, the words “and care proceedings”.
(2)
In rule 4A there shall be inserted, after the words “affiliation proceedings”, the words “or to care proceedings under the Children and Young Persons Act 1969”.
Order 56, rule 5 shall be amended by inserting, after the words “affiliation proceedings”, the words “or in care proceedings under the Children and Young Persons Act 1969”.
Rule 4(1) shall be amended by substituting for the words “Subject to the provisions of this rule” the words “Subject to the provisions of this Order”.
(2)
After rule 20 there shall be inserted the following rule:—
“Appeals from Social Security Commissioners
21
(1)
This rule shall apply to any appeal to the Court of Appeal under section 14 of the Social Security Act 1980f1 (appeal from the decision of a Commissioner on a question of law, with the leave of the Commissioner or of the Court of Appeal).
(2)
The notice of appeal must be served within 6 weeks from the date on which notice of the Commissioner's grant or refusal of leave was given in writing to the appellant and must be served on the Secretary of State and any person appointed by him to proceed with a claim as well as on the party or parties required to be served under rule 3.”.
Part I of Appendix 3 to Order 62 shall be amended as follows:—
(1)
For Table A (Basic Costs) there shall be substituted the following Table:—
“
A
Basic costs
Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix
(a)
(b)
(c)
£ p
£ p
£ p
If the amount recovered is not less than £350 but less than £1,000—
(i) where the writ was served by post
18.00
24.00
38.00
(ii) where the writ was served on the defendant personally
21.00
27.00
41.00
not less than £1,000 but less than £1,200—
(i) where the writ was served by post
30.00
40.00
58.00
(ii) where the writ was served on the defendant personally
33.00
43.00
61.00
not less than £1,200—
42.00
60.00
90.00
”.
(2)
Table B (Additional Costs) shall be amended by substituting for the figures shown in column (i) (not less than £350 but less than £1,200) the following figures:—
“
£ p
(1)
“3.00”
(2)
“8.00”
(3) (a)
“16.00”
(b)
“19.00”
(4)
“2.50”
(5)
“5.50”
(6)
“6.00
”.
(3)
Nothing in this rule shall apply in relation to a writ of summons issued before 1st January 1981, unless judgment on failure to give notice of intention to defend or in default of defence or under Order 14 is obtained after that date.
For the existing paragraph (3) there shall be substituted the following paragraph:—
“(3)
A release shall not be issued with respect to property as to which a caveat against release is in force, unless, either
(a)
at the time of the issue of the release the property is under arrest in one or more other actions, or
(b)
the Court so orders.”.
(3)
For the existing paragraph (4) there shall be substituted the following paragraph:—
“(4)
A release may be issued at the instance of any party to the action in which the warrant of arrest was issued if the Court so orders, or, subject to paragraph (3), if all the other parties, except any defendant who has not acknowledged issue or service of the writ, consent.”.
(4)
For the existing paragraph (6) there shall be substituted the following paragraph:—
“(6)
Before a release is issued, the party applying for its issue must, unless paragraph (3)(a) applies, give notice to any person at whose instance a subsisting caveat against release has been entered, or to his solicitor, requiring the caveat to be withdrawn.”.
Rule 18(1)(xiii) shall be amended by inserting, at the beginning, the words “the heading of the ship,”.
(2)
In rule 25(1), for the words “seven weeks” in sub-paragraph (a) there shall be substituted the words “21 days” and for the figure “21” in sub-paragraph (b) there shall be substituted the figure “14”.
(3)
Paragraph (4) of rule 25 shall be omitted.
(4)
For rule 31 there shall be substituted the following rule:—
“Trial without pleadings
31
Order 18, rule 21 shall apply to Admiralty actions as it applies to other actions except that the summons must be served on every other party not less than 7 days before the day specified in the summons for the hearing thereof.”.
(5)
Rule 32 shall be amended by omitting paragraphs (4) and (6).
For the title there shall be substituted the title “The Companies Acts 1948 to 1980”.
(2)
In rule 1 after the definition of “the Act of 1976” there shall be inserted the following definition:—
“ `the Act of 1980' means the Companies Act 1980; ”.
(3)
In rule 2(1) after the words “the Act of 1976” there shall be inserted the words “or the Act of 1980”.
(4)
In rule 5 after paragraph (1) there shall be inserted the following paragraph:—
“(1A)
An application under section 11(2) of the Act of 1980 must be made by petition.”.
(5)
In rule 6(2) after the words “the Companies Act 1976” there shall be inserted the words “or the Companies Act 1980”.
(6)
Rule 7(2) shall be amended by deleting the word “and” at the end of sub-paragraph (b), by inserting the word “, and” at the end of sub-paragraph (c) and by inserting after sub-paragraph (c) a semi-colon and the following sub-paragraph:—
“(d)
an application under section 11(2) of the Act of 1980 for an order cancelling a special resolution to which that section applies.”
Order 113, rule 6 shall be amended by adding, after paragraph (2), the following paragraph:—
“(3)
Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.”.
Form No. 42A (the prescribed Form of Order for possession under Order 113) shall be amended by inserting, after the blank space following the words “in the originating summons as”, the following words:—
Form 14 in Appendix A shall be amended by placing square brackets round Note 2 of the Notes for Guidance and adding, as a marginal comment, “Not applicable if the Defendant is a company served at its registered office”.
Form No. 70 shall be revoked and the rules and forms cited in Column 1 below shall be amended by omitting the words mentioned in Column 2, as follows:—
Column 1
Column 2
Order 1, rule 7
The opening words of the rule down to “Lords Commissioners; and”
Order 6, rule 2
The whole of paragraph (3)
Order 6, rule 3
The whole of paragraph (2)
Order 15, rule 3(4)
The word “the” in the second place where it appears
Order 16, rule 10
The words “either as a third party or as one of two or more tortfeasors liable in respect of the same damage,”
Order 94, rule 6
The whole of paragraph (3)
Form No. 73
The words in square brackets starting “or into court”.
These Rules amend the Rules of the Supreme Court so as—
(a)
to broaden the scope of the notice to admit (rule 2);
(b)
to transfer from the Divisional Court of the Queen's Bench Division to the Divisional Court of the Family Division the jurisdiction to hear appeals by case stated in care proceedings (rules 3, 4 and 5);
(c)
to provide for appeals to the Court of Appeal from decisions of Social Security Commissioners (rule 6);
(d)
to enlarge and clarify the powers of taxing officers in relation to certificates of taxation (rules 7, 8 and 9);
(e)
to increase the fixed costs recoverable under Appendix 3 to Order 62 where the sum claimed is within the county court limit (rule 10);
(f)
to simplify the procedure for releasing ships from arrest (rule 11) and to make other amendments relating to admiralty proceedings (rules 12 and 13);
(g)
to raise from £500 to £1500 the size of the fund out of which money may be paid on an ex parte application, unless the Court directs otherwise (rule 14);
(h)
to revise Order 102 in the light of the new remedies and jurisdiction created by the Companies Act 1980 (rule 15);
(i)
to clarify the powers of the Court to specify a date for possession in proceedings under Order 113 (rules 16 and 17);
(j)
to amend the Notes for Guidance in respect of Form 14 (Acknowledgement of Service) (rule 18); and
(k)
to correct various obsolete references in the Rules ( rules 19 and 20).
