法律人 LawPlayer logo

資料由法律人 LawPlayer整理提供·UK legislation / curated by LawPlayer from legislation.gov.uk

Statutory Instrument

The Rules of the Supreme Court (Amendment No. 3) 1970

Citation
S.I. 1970/1208
As at
Sections
9
Section 1

(1) These Rules may be cited as the Rules of the Supreme Court (Amendment No. 3) 1970.

(2) Rules 1 to 4 and 7 to 9 of these Rules shall come into operation on 1st October 1970 and Rules 5 and 6 on 15th February 1971.

(3) In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 , as amended .

(4) The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

Section 2

The following paragraph shall be added to Order 1, rule 4:—

(3) In these rules “ decimal currency ” means the new currency provided for by the Decimal Currency Act 1967 , and where it is necessary for the purposes of these rules to calculate the amount in decimal currency corresponding to an amount in shillings and pence, the calculation shall be made in accordance with Schedule 1 to the Decimal Currency Act 1969 .

Section 3

The following sub-paragraph shall be added to Order 6, rule 2(1):—

(d) where the action is brought to enforce a right to recover possession of goods, with a statement showing the value of the goods.

Section 4

The following paragraph shall be inserted in Order 18, rule 6, after paragraph (3):—

(3A) Where a pleading contains a claim for a sum of money which includes an amount expressed in shillings and pence, the equivalent of that sum in decimal currency must also be stated in the pleading.

Section 5

The following paragraph shall be added to Order 42, rule 1:—

(4) A judgment or order for the payment of a sum of money must state that sum in decimal currency.

Section 6

The following paragraph shall be added to Order 45, rule 1:—

(5) In any writ or order issued or made to enforce a judgment or order for the payment of money, the amount to be recovered must be stated in decimal currency.

Section 7

Appendix 2 to Order 62 shall be amended as follows:—

(1) In the heading to the Appendix immediately under the words “SCALE OF COSTS” there shall be inserted the following note:—

( In this Appendix decimal equivalents are shown in italics and brackets ).

(2) For Parts I to IX there shall be substituted the following:—

INSTITUTION ETC. , OF PROCEEDINGS

2 10 0

to

10 0 0

( 2·50 ) to

( 10·00 )

Note to items 1 and 2

References in these items to service on one party of a writ of summons shall, in relation to a writ of summons issued in an Admiralty action in rem , be construed as references to service of the writ on a ship or on a registrar as the circumstances of the case require.

2 10 0

to

10 0 0

( 2·50 ) to

( 10·00 )

1 5 0

to

5 0 0

( 1·25 ) to

( 5·00 ) Note to item 6

This item includes service on one party of notice that the case referred to in paragraph (b) thereof has been entered for hearing.

2 10 0

to

10 0 0

( 2·50 ) to

( 10·00 )

1 5 0

to

10 0 0

( 1·25 ) to

( 10·00 )

1 0 0

to

3 0 0

( 1·00 ) to

( 3·00 ) 12. Drawing any document, attending on any application and doing any other work necessary to obtain—

( a ) order for substituted service of any document,

( b ) order giving leave to serve any document out of the jurisdiction,

and obtaining order

PROCEEDINGS IN CHAMBERS

1 5 0

to

3 0 0

( 1·25 ) to

( 3·00 ) 1 5 0

to

3 0 0

( 1·25 ) to

( 3·00 ) 1 0 0

to

7 10 0

( 1·00 ) to

( 7·50 ) 1 10 0

to

12 0 0

per day

( 1·50 ) to

( 12·00 )

per day

Discretionary

not exceeding

6 0 0

Discretionary

not exceeding

( 6·00 ) DISCOVERY AND INSPECTION

PREPARATION FOR TRIAL, ETC

Note to items 26 and 27

These items are intended to cover the doing of any work, not otherwise provided for, necessarily or properly done in preparing for a trial, hearing or appeal, or before a settlement of the matters in dispute, including—

( a ) taking instructions to sue, defend, counterclaim or appeal, or for any pleading, particulars of pleading, affidavit, preliminary act or claim in a reference under Order 75, rule 41;

( b ) considering the facts and law;

( c ) attending on and corresponding with client;

( d ) interviewing and corresponding with witnesses and potential witnesses and taking proofs of their evidence;

( e ) arranging to obtain reports or advice from experts and plans, photographs and models;

(f) making search in Public Record Office and elsewhere for relevant documents;

( g ) inspecting any property or place material to the proceedings;

( h ) perusing pleadings, affidavits and other relevant documents;

( i ) where the cause or matter does not proceed to trial or hearing, work done in connection with the negotiation of a settlement; and

( j ) the general care and conduct of the proceedings.

1 0 0

to

7 10 0

( 1·00 ) to

( 7·50 ) Note to item 29

This item includes attending to make appointment for conference.

4 0 0

to

12 0 0

per day

( 4·00 ) to

( 12·00 )

per day

TRIAL OR HEARING

1 10 0

to

5 0 0

( 1·50 ) to

( 5·00 ) 1 10 0

to

8 0 0

( 1·50 ) to

( 8·00 ) 3 0 0

to

15 0 0

( 3·00 ) to

( 15·00 )

3 0 0

to

8 0 0

( 3·00 ) to

( 8·00 ) Note to item 33

Where the Court is not sitting at the Royal Courts of Justice, then, unless it is sitting in the town in which the solicitor practises, the solicitor shall also be allowed travelling and out of pocket expenses reasonably, incurred by him, and where the Court is sitting at the Royal Courts of Justice and the costs of the attendance at court of a country solicitor are allowed, that solicitor shall also be allowed such expenses so incurred.

TAXATION

Note to item 37

This item includes drawing the statement referred to in rule 21(4) of this Order.

3 0 0

to

12 0 0

( 3·00 ) to

( 12·00 )

3 0 0

to

12 0 0

( 3·00 ) to

( 12·00 )

EXECUTION

GENERAL AND MISCELLANEOUS

1 10 0

to

3 0 0

( 1·50 ) to

( 3·00 ) Note to item 42

This item includes drawing the form of consent or approval.

Note to item 44

This item includes copy and service of notice of appearance.

Note to item 46

This item shall not be allowed on a taxation of costs in accordance with rule 28(2).

Note to item 65

This item includes all attendances required in connection with the lodgment or transfer and the preparation of any document so required.

1 0 0

to

10 0 0

( 1·00 ) to

( 10·00 )

Note to item 73

This item includes engrossing affidavit, attending to have it sworn and file it.

Note to item 76

This item includes attending chambers to obtain signature.

Note to item 79

This item shall not be allowed on a taxation of costs in accordance with rule 28(2).

10 0

to

1 10 0

( 0·50 ) to

( 1·50 ) ADDITIONAL PROCEEDINGS ARISING ONLY IN CONNECTION WITH ADMIRALTY CAUSES AND MATTERS

Note to item 90

This item includes procuring the warrant, affidavits and other documents required in connection with the issue and service of the warrant and any attendances required to procure its issue and service, the swearing of any such affidavit and the filing of any such document.

Note to item 91

This item includes drawing the instrument and other documents required in connection with the issue of the instrument, obtaining any consent so required and any attendances required to procure the issue of the instrument and the filing of any such document.

Note to item 92

This item includes drawing and filing any document required to procure the entry, renewal or withdrawal and any attendances so required.

Note to item 93

This item includes drawing the bail bond, affidavits and other documents required in connection with the giving of bail and any attendances required to procure the signing of the bond, the swearing of any such affidavit and the filing and service of any such document

Note to item 94

This item includes preparing the guarantee or undertaking and any attendances required to procure the signing and stamping thereof.

Note to items 93 and 94

The commission or fee paid to a person becoming surety to a bail bond or giving a guarantee or undertaking in lieu of bail, not exceeding £1 per cent. of the amount for which the bond, guarantee or undertaking is given, shall be allowed on taxation.

Note to item 95

This item includes perusing notice of bail and other relevant documents and any attendance to make enquiries as to sufficiency of sureties or to ensure that documents relating to bail have been filed.

Note to item 96

This item includes perusing the guarantee or undertaking and other relevant documents.

Note to item 97

This item includes drawing and filing any document required in connection with the issue and execution of the commission and any attendances so required.

1 10 0

to

5 0 0

( 1·50 ) to

( 5·00 ) Note to item 99

This item includes taking instructions in connection with the agreement, drawing and filing the agreement and any attendances required in connection with the negotiation, making and filing of the agreement.

Note to item 100

This item includes any attendances and other work done in connection with the calculation of, and in obtaining agreement as to, the amount payable.

Section 8

Order 66, rule 1, shall be amended as follows:—

(1) At the beginning before the word “Unless” there shall be inserted the figure “(1)” .

(2) After the words “8 inches wide” there shall be inserted the words “or A4 ISO” .

(3) At the end there shall be added the following paragraph:—

(2) In these rules the expressions “A3”, “A4” and “A5” followed by the letters “ ISO ” mean respectively the size of paper so referred to in the specifications of the International Standards Organisation.

Section 9

Order 66, rule 4(1), shall be revoked.

9 sections

Cite this legislation

The Rules of the Supreme Court (Amendment No. 3) 1970 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1970-1208

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

本頁資料來源:legislation.gov.uk (The National Archives)·整理提供:法律人 LawPlayer· lawplayer.com