Explanatory note

These Rules amend the Rules of the Supreme Court in a number of respects.

Part II makes changes consequential on the reconstitution of the Divisions of the High Court by sections 1—4 of the Administration of Justice Act 1970. These sections rename the Probate, Divorce and Admiralty Division as the Family Division, and concentrate in it the family and domestic business of the High Court, including wardship, guardianship and adoption cases; transfer Admiralty and prize business to the Queen's Bench Division, where the Admiralty Court is established for the purpose; transfer contentious probate cases to the Chancery Division; establish the Commercial Court within the Queen's Bench Division to take the commercial list; and empower judges of the Commercial Court in certain circumstances to sit as arbitrators. A large number of rules are amended as a result of these provisions. Order 76 (probate actions) is re-written (rule 26), and Orders 91 and 112 are merged into a new Order 90 entitled “Miscellaneous Proceedings in the Family Division” (rule 30). Provision is made for the transfer of pending proceedings to other Divisions in consequence of the reorganization of business (rule 37) and for the alteration of references to the Probate, Divorce and Admiralty Division generally (rule 38 and Schedule).

Part III provides for the disclosure of documents and the inspection etc. of property under section 21 of the Administration of Justice Act 1969 and sections 31 and 32 of the Administration of Justice Act 1970. Part IV extends the power of the Court to order the joinder of parties; makes fresh provision for the taxation of costs by principal clerks of the Supreme Court Taxing Office; increases the fixed costs allowed on the issue of writs of execution, and revokes the rules dealing with the filing of powers of attorney in consequence of the coming into operation of the Powers of Attorney Act, 1971 (c.27).