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The Rules of the Supreme Court (Amendment No.2) 1995

S.I. 1995/2897 · Made 9 November 1995

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 ENGLAND AND WALES

Made 9th November 1995

Laid before Parliament 10th November 1995

Coming into force 1st December 1995

We, the Supreme Court Rule Committee, having power under section 85 of the Supreme Court Act 1981f1 to make rules of court under section 84 of that Act for the purpose of regulating and prescribing the practice and procedure to be followed in the Supreme Court, hereby exercise those powers as follows—

Annotations to the whole text

Footnotes

f1

1981 c. 54; section 85 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 36(1).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Costs
  3. 3Costs
  4. 4Miscellaneous amendments
  5. 5Miscellaneous amendments
  6. 6Miscellaneous amendments
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

(1)

These Rules may be cited as the Rules of the Supreme Court (Amendment No. 2) 1995 and shall come into force on 1st December 1995.

(2)

In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965f1.

2Costs

Order 62, rule 18(3) shall be amended by substituting, for the sum “£8.25”, the sum “£9.25”.

3Costs

Appendix 3 to Order 62 shall be amended as follows—

(1)

For Table A (Basic Costs) in Part I 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 £600

  • but less than £2,000—

(i)

where the writ was served by post

61.2580.75142.00
(ii)

where the writ was served on the defendant personally

69.0087.00149.00

  • not less than £2,000

  • but less than £3,000—

(i)

where the writ was served by post

69.0089.25149.00
(ii)

where the writ was served on the defendant personally

75.7594.50156.00
not less than £3,00089.25129.00184.00

”.

(2)

Table B (Additional costs) in Part I shall be amended by substituting, for the figures shown in columns (i) and (ii), corresponding to the numbered items, the following figures—

“

(i)(ii)
(1)9.5012.25
(2)22.2547.75
(3)(a)34.5061.25
(b)40.5069.00
(4)16.2518.25
(5)16.2518.25
(6)12.2522.25

”.

(3)

Part III, paragraph 1 shall be amended by substituting, for the sum of “£7.75”, the sum of “£8.50”.

(4)

Part III, paragraph 2 shall be amended by substituting, for the sum of “£31.50”, the sum of “£35.00”.

(5)

After paragraph 2 of Part III there shall be inserted the following new paragraph—

“2A

Where costs are allowed under the following paragraphs of this Part, the appropriate court fees shall be allowed in addition.”.

(6)

Part III, paragraph 3 shall be amended as follows—

(a)

for the sum of “£18.75” in sub-paragraph (a) there shall be substituted the sum of “£20.75”;

(b)

for the table “Basic Costs” in sub-paragraph (b) there shall be substituted the following table—

“

  1. (i)

    Basic Costs

    If the amount recovered by the applicant from the garnishee is—

  • less than £150.00 …

one half of the amount recovered

  • not less than £150.00 …

£88.50

”;

(c)

for the sum of “£14.50” in the table “Additional costs” in sub-paragraph (b) there shall be substituted the sum of “£16.25”.

(7)

Part III, paragraph 4 shall be amended by substituting, for the sums of “£89.00” and “£14.50”, the sums of “£99.00” and “£16.25”.

(8)

Part III, paragraph 5 shall be amended by substituting, for the sums of “£34.25” and “£2.25”, the sums of “£38.00” and “£2.50”.

(9)

Part III, paragraph 6 shall be amended by substituting, for the sum of “£41.75”, the sum of “£46.50”.

4Miscellaneous amendments

Order 91, rule 5A(6) shall be amended by substituting, for “section 6A(2)(c)”, “section 56A(2)(c)”.

5Miscellaneous amendments

Order 93, rule 10(2) shall be amended, by inserting after sub-paragraph (n), the following—

“(o)

section 151 of the Pension Schemes Act 1993f1,”.

6Miscellaneous amendments

Order 93, rule 10(3) shall be amended by substituting, for the words “paragraph (2)(c), (e) or (f)”, the words “paragraph (2)(c), (f) or (o)”.

Signature

Mackay of Clashfern, C.

Bingham, M.R.,

Stephen Brown, P.,

Richard Scott, V-C.,

Rattee, J.,

Bell, J.

Dated 9th November 1995

Explanatory note

(This note is not part of the Rules)

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

(a)

to increase the costs allowed to a litigant in person and the fixed costs recoverable under Appendix 3 to Order 62 (rules 2 and 3);

(b)

to correct an error in the Rules of the Supreme Court (Amendment) 1995 (S.I.1995/2206) (rule 4), and

(c)

to assign appeals on a point of law from the Pensions Ombudsman to the Chancery Division and to impose a leave requirement on any appeal from that Division (rules 5 and 6).