OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules amend the Rules of the Supreme Court 1965 so as—

(a)

to correct an error in the Rules of the Supreme Court (Amendment No. 2) 1989 (rule 2);

(b)

to govern the making of compensation and restraint orders, and to provide for the registration of orders made, under the Prevention of Terrorism (Temporary Provisions) Act 1989 (rules 3 to 7);

(c)

to correct a drafting anomaly in Order 1, rule 2 (rule 8);

(d)

to allow a co-defendant to seek summary judgment on a counterclaim against another co-defendant or against others (rule 9);

(e)

to revise the powers of Chancery masters (rule 10);

(f)

to extend the validity of a writ of execution in cases where an interpleader summons is issued (rule 11);

(g)

to make it clear that the provisions of Order 55 (appeals to the High Court) do not apply to appeals in arbitration proceedings (rule 12);

(h)

to amend Orders 56 and 79 consequentially upon changes relating to extradition proceedings made by the Criminal Justice Act 1988 (rules 13 and 14);

(i)

to make provision for applications for leave to appeal whether or not an application to extend the time for appealing is also made to be dealt with without a hearing (rule 15);

(j)

to revoke Order 59, rule 20 (7) which has been rendered unnecessary by section 53(2)(b) of the Supreme Court Act 1981 (rules 16 and 17);

(k)

to amend the procedure for registering a judgment under section 10 of the Administration of Justice Act 1920 (rule 18); and

(l)

to provide for the making of applications under section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988 and section 58C of the Trade Marks Act 1938 (rules 19 and 20).