The Rules of the Supreme Court (Amendment No. 2) 1978

• Citation: S.I. 1978/359
• Sections: 4

Section 1

(1) These Rules may be cited as the Rules of the Supreme Court (Amendment No. 2) 1978, and, subject to rules 3(2) and 4(2) below, shall come into operation on 24th April 1978.

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

(3) 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

Order 56, rule 2, shall be revoked.

Section 3

(1) Order 58, rule 2, shall be amended as follows:—

(a) In paragraph (1)—

(i) the words “(other than an interlocutory judgment, order or decision)” shall be omitted;

(ii) at the end of sub-paragraph (a) there shall be added the words “under Order 36, rule 9” ;

(iii) sub-paragraphs (c) and (d) and the word “or” at the end of sub-paragraph (b) shall be omitted;

(b) Paragraphs (2) and (3) and the figure “(1)” at the beginning of paragraph (1) shall be omitted.

(2) Nothing in this rule shall apply in relation to an appeal pending on 24th April 1978.

Section 4

(1) In Part I of Appendix 3 to Order 62 for the basic costs opposite the words “not less than £1,200” in the scale following paragraph 2 there shall be substituted the following amounts:—

(2) Nothing in this rule shall apply in relation to a writ of summons issued before 24th April 1978, unless judgment in default of appearance or defence or judgment under Order 14 is obtained on or after that date.