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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 (Northern Ireland) 1980 (“the principal Rules”), in consequence of

  • the European Directive on the Enforcement of Intellectual Property Rights (Directive 2004/48/EC);

  • Council Regulation (EC) No. 2201/2003 of 27th November 2003 (Brussels IIa Regulation);

  • the Child Abduction and Custody Act 1985 (Jersey) Order 2006 (S.I. 2006/1917);

  • the Damages Act 1996 (c.48) (as amended by section 100 of the Courts Act 2003 (c.39)).

These Rules also amend the list of securities in which the Accountant General may invest money by direction of the Court, and make a minor amendment to procedure in commercial cases.

Rule 2 amends the Arrangement of Orders at the beginning of the principal Rules by revising the entry to Order 37 and omitting references to the repealed Trade Marks Act 1938 and the Trade Marks (Amendment) Act 1984.

Rule 3 amends Order 29 of the principal Rules by inserting a new rule 10A which provides that the Court may make an order making the continuation of an alleged infringement of an intellectual property right subject to guarantees and that where the Court grants a remedy before the issue of a writ or summons, the remedy shall only be granted on terms providing for the issue of the writ or summons.

Rule 4 amends Order 37 of the principal Rules by inserting a new Part III, which makes provision about the exercise of the Court’s powers under section 2(1) of the Damages Act 1996 (as substituted by section 100 of the Courts Act 2003) to order that all or part of an award of damages for future pecuniary loss in relation to personal injury may take the form of periodical payments.

Rule 5 amends Order 72 of the principal Rules to provide that on commencement of proceedings in a commercial action the plaintiff’s solicitor shall request the Registrar in charge of the Commercial List to enter that action in the Commercial List.

Rule 6 amends Order 80 of the principal Rules by designating a list of securities in which the Accountant General may invest money paid into the High Court by direction of that Court under Order 80, rule 10 of the principal Rules. The Accountant General has the power to invest in such securities under section 81(a)(iii) of the Judicature (Northern Ireland) Act 1978.

Rule 7 amends Order 90 of the principal rules in consequence of Council Regulation (EC) No. 2201/2003 of 27th November 2003 (“Brussels IIa Regulation”) and the Child Abduction and Custody Act 1985 (Jersey) Order 2006 (S.I. 2006/1917). The principal Rules are amended to make provision for relevant information to be included in an originating summons in cases where the Brussels IIa Regulation applies. Provision is also made for the registration of decisions made under section 16 of the Child Abduction and Custody Act 1985, and for the transmission of documents and the stay and transfer of proceedings between courts in Northern Ireland and Jersey.

Rules 8 and 9 amend Order 93 and 100 respectively of the principal Rules to omit references to the Trade Marks Act 1938 and to provide that a defendant is to bear the cost of orders for forfeiture and destruction. The Court is given power to order the dissemination of judgments at the expense of the defendant.

Rule 10 amends Order 104 to omit reference to a repealed provision of the Patents Act 1977, and to make provision for the dissemination of judgments at the expense of a defendant.