The Rules of the Supreme Court (Amendment No. 3) 1980

• Citation: S.I. 1980/1908
• Sections: 20

Section 1

(1) These Rules may be cited as the Rules of the Supreme Court (Amendment No. 3) 1980 and shall come into operation on 2nd January 1981.

(2) In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and, unless the context otherwise requires, a form referred to by number means the form so numbered in Appendix A to the Rules.

Section 2

Order 27 shall be amended as follows:—

(1) The title of rule 2 shall be amended by omitting the word “facts” .

(2) Rule 2(1) shall be amended by substituting for the words “the facts” the words “such facts, or such part of his case, as may be” .

(3) The title of rule 3 shall be amended by omitting the words “of facts” .

(4) Rule 3 shall be amended by inserting, after the word “fact” , the words “or of part of a case” .

Section 3

Order 56, rule 1(1) shall be amended by inserting, after the words “affiliation proceedings” , the words “or to care proceedings under the Children and Young Persons Act 1969” .

Section 4

Order 56, rule 4A shall be amended as follows:—

(1) In the title there shall be added, after the words “ affiliation proceedings ” , the words “ and care proceedings ” .

(2) In rule 4A there shall be inserted, after the words “affiliation proceedings” , the words “or to care proceedings under the Children and Young Persons Act 1969” .

Section 5

Order 56, rule 5 shall be amended by inserting, after the words “affiliation proceedings” , the words “or in care proceedings under the Children and Young Persons Act 1969” .

Section 6

Order 59 shall be amended as follows:—

(1) Rule 4(1) shall be amended by substituting for the words “Subject to the provisions of this rule” the words “Subject to the provisions of this Order” .

(2) After rule 20 there shall be inserted the following rule:—

Appeals from Social Security Commissioners

(21)

(1) This rule shall apply to any appeal to the Court of Appeal under section 14 of the Social Security Act 1980 (appeal from the decision of a Commissioner on a question of law, with the leave of the Commissioner or of the Court of Appeal).

(2) The notice of appeal must be served within 6 weeks from the date on which notice of the Commissioner's grant or refusal of leave was given in writing to the appellant and must be served on the Secretary of State and any person appointed by him to proceed with a claim as well as on the party or parties required to be served under rule 3.

Section 7

Order 62, rule 14 shall be amended by inserting, after the word “proceedings” in paragraph (d), a semi-colon and the following further paragraph:—

(e) correct any clerical mistake in any certificate or order, or any error arising therein from any accidental slip or omission

Section 8

Order 62, rule 16 shall be amended by inserting, after paragraph 1(a), the following sub-paragraph:—

(b) extend the period provided by rule 33(2) beyond the signing of the taxing officer's certificate by setting the certificate aside;

and by re-lettering the existing sub-paragraph (b) as “( c )” .

Section 9

Order 62, rule 33(2) shall be amended by substituting for the word “shorter” the word “other” .

Section 10

Part I of Appendix 3 to Order 62 shall be amended as follows:—

(1) For Table A (Basic Costs) there shall be substituted the following Table:—

Basic costs

(2) Table B (Additional Costs) shall be amended by substituting for the figures shown in column (i) (not less than £350 but less than £1,200) the following figures:—

(3) Nothing in this rule shall apply in relation to a writ of summons issued before 1st January 1981, unless judgment on failure to give notice of intention to defend or in default of defence or under Order 14 is obtained after that date.

Section 11

Order 75, rule 13 shall be amended as follows:—

(1) Paragraph (2) shall be omitted.

(2) For the existing paragraph (3) there shall be substituted the following paragraph:—

(3) A release shall not be issued with respect to property as to which a caveat against release is in force, unless, either

(a) at the time of the issue of the release the property is under arrest in one or more other actions, or

(b) the Court so orders.

(3) For the existing paragraph (4) there shall be substituted the following paragraph:—

(4) A release may be issued at the instance of any party to the action in which the warrant of arrest was issued if the Court so orders, or, subject to paragraph (3), if all the other parties, except any defendant who has not acknowledged issue or service of the writ, consent.

(4) For the existing paragraph (6) there shall be substituted the following paragraph:—

(6) Before a release is issued, the party applying for its issue must, unless paragraph (3)(a) applies, give notice to any person at whose instance a subsisting caveat against release has been entered, or to his solicitor, requiring the caveat to be withdrawn.

Section 12

Order 75 shall be amended as follows:—

(1) Rule 18(1)(xiii) shall be amended by inserting, at the beginning, the words “the heading of the ship,” .

(2) In rule 25(1), for the words “seven weeks” in sub-paragraph (a) there shall be substituted the words “21 days” and for the figure “21” in sub-paragraph (b) there shall be substituted the figure “14” .

(3) Paragraph (4) of rule 25 shall be omitted.

(4) For rule 31 there shall be substituted the following rule:—

Trial without pleadings

(31) Order 18, rule 21 shall apply to Admiralty actions as it applies to other actions except that the summons must be served on every other party not less than 7 days before the day specified in the summons for the hearing thereof.

(5) Rule 32 shall be amended by omitting paragraphs (4) and (6).

Section 13

Order 25, rule 1(2)(i), which refers to actions ordered to be tried as Admiralty short causes, shall be omitted.

Section 14

Order 92, rule 5(3) shall be amended by substituting for the figure “500” the figure “1500” .

Section 15

Order 102 shall be amended as follows:—

(1) For the title there shall be substituted the title “The Companies Acts 1948 to 1980” .

(2) In rule 1 after the definition of “the Act of 1976” there shall be inserted the following definition:—

`the Act of 1980' means the Companies Act 1980;

(3) In rule 2(1) after the words “the Act of 1976” there shall be inserted the words “or the Act of 1980” .

(4) In rule 5 after paragraph (1) there shall be inserted the following paragraph:—

(1A) An application under section 11(2) of the Act of 1980 must be made by petition.

(5) In rule 6(2) after the words “the Companies Act 1976” there shall be inserted the words “or the Companies Act 1980” .

(6) Rule 7(2) shall be amended by deleting the word “and” at the end of sub-paragraph (b), by inserting the word “, and” at the end of sub-paragraph (c) and by inserting after sub-paragraph (c) a semi-colon and the following sub-paragraph:—

(d) an application under section 11(2) of the Act of 1980 for an order cancelling a special resolution to which that section applies.

Section 16

Order 113, rule 6 shall be amended by adding, after paragraph (2), the following paragraph:—

(3) Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.

Section 17

Form No. 42A (the prescribed Form of Order for possession under Order 113) shall be amended by inserting, after the blank space following the words “in the originating summons as” , the following words:—

Section 18

Form 14 in Appendix A shall be amended by placing square brackets round Note 2 of the Notes for Guidance and adding, as a marginal comment, “ Not applicable if the Defendant is a company served at its registered office ” .

Section 19

Form No. 70 shall be revoked and the rules and forms cited in Column 1 below shall be amended by omitting the words mentioned in Column 2, as follows:—

Section 20

The rules and forms cited in Column 1 below shall be amended by substituting for the words in Column 2 the words in Column 3, as follows:—