The Rules of the Supreme Court (Amendment) 1987

• Citation: S.I. 1987/1423
• Sections: 63

Section 1 Citation and commencement

(1) These Rules may be cited as the Rules of the Supreme Court (Amendment) 1987 and shall come into force—

(a) as to Rules 1, 32 to 61 and 63, on 1st October 1987,

(b) as to Rules 2 to 31, on 2nd November 1987, and

(c) as to Rule 62, on 1st October 1987 or, in relation to any section of the Financial Services Act 1986 which is not in force on that date, on the date when such section comes into force.

(2) In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and a reference to Appendix A or B is a reference to Appendix A or B to those Rules.

Section 2 Admiralty and Commercial Registry

In each of the Orders listed below, for the words “Admiralty Registry” there shall be substituted the words “Admiralty and Commercial Registry”—

Order 1, rule 4 (definition of “cause book”),

Order 4, rule 5,

Order 32, rule 7,

Order 57, rule 2(4),

Order 57, rule 3,

Order 57, rule 4,

Order 57, rule 6,

Order 62, rule 29(6),

Order 67, rule 1(2) (twice),

Order 75, rule 1(2) (definition of “registry”),

Order 78, rule 3.

Section 3 Admiralty and Commercial Registry

Order 6, rule 7(2) shall be amended by inserting after the words “Queen’s Bench Division; or” the words “ (b) the Admiralty and Commercial Registry if it relates to proceedings intended to be conducted in the Admiralty Court or the Commercial Court; or” and the following items shall be relettered accordingly.

Section 4 Admiralty and Commercial Registry

Order 7, rule 5(1) shall be amended by substituting for the words “either out of the Central Office” the words “out of the Central Office or out of the Admiralty and Commercial Registry”.

Section 5 Admiralty and Commercial Registry

Order 8, rule 3(4) shall be amended by substituting for the words “must be issued in the Central Office” the words “may be issued out of the Central Office or out of the Admiralty and Commercial Registry”.

Section 6 Admiralty and Commercial Registry

Order 15, rule 3(4) shall be amended by inserting after the words “or is an Admiralty” the words “or commercial” and by substituting for the words “the Admiralty Registry” the words “the Admiralty and Commercial Registry”.

Section 7 Admiralty and Commercial Registry

Order 16, rule 3(3) shall be amended by inserting after the words “or is an Admiralty” the words “or commercial” and by substituting for the words “the Admiralty Registry” the words “the Admiralty and Commercial Registry”.

Section 8 Admiralty and Commercial Registry

Order 21, rule 2(4) shall be amended by inserting after the words “the action is” the words “a commercial action or is” and by inserting after the words “to an officer” the words “in the Admiralty and Commercial Registry or to an officer”.

Section 9 Admiralty and Commercial Registry

Order 32, rule 2(3) shall be amended by inserting after the words “Admiralty cause or matter” the words “or a commercial action” and by substituting for the words “the Admiralty Registry” the words “the Admiralty and Commercial Registry”.

Section 10 Admiralty and Commercial Registry

Order 34, rule 3(5) shall be amended by inserting after the words “the head clerk of the Crown Office” the words “or the chief clerk of the Admiralty and Commercial Registry”.

Section 11 Admiralty and Commercial Registry

Order 34, rule 9 shall be amended by substituting for paragraph (3) the following paragraph—

(3) In this rule “proper officer” has the same meaning as in rule 3.

Section 12 Admiralty and Commercial Registry

Order 41, rule 9(2) shall be amended by inserting after the words “Admiralty cause or matter” the words “or in a commercial action” and by substituting for the words “the Admiralty Registry” the words “the Admiralty and Commercial Registry”.

Section 13 Admiralty and Commercial Registry

Order 42, rule 5(1) shall be amended by inserting after the words “Queen’s Bench Division” the words “(including an Admiralty cause or matter)”.

Section 14 Admiralty and Commercial Registry

Order 42, rule 5(7) shall be amended by inserting after the words “is the Central Office” the words “or the Admiralty and Commercial Registry, as the case may be”.

Section 15 Admiralty and Commercial Registry

Order 46, rule 6(6) shall be amended by inserting after the words “Admiralty cause or matter” the words “or a commercial action” and by substituting for the words “the Admiralty Registry” the words “the Admiralty and Commercial Registry”.

Section 16 Admiralty and Commercial Registry

Order 71, rule 44 shall be amended by substituting for the words “in the Central Office under the direction of the Senior Master” the words “in the Admiralty and Commercial Registry under the direction of the Senior Master”.

Section 17 Admiralty and Commercial Registry

Order 72, rule 4(1) and (2) shall be amended by substituting for the words “the Central Office” the words “the Admiralty and Commercial Registry”.

Section 18 Admiralty and Commercial Registry

Order 72 shall be further amended by adding at the end the following new rule—

Admiralty and Commercial Registry

(11)

(1) In the application of Order 28, rule 2 to commercial actions begun by originating summons, the reference to the Central Office shall have effect as a reference to the Admiralty and Commercial Registry.

(2) Order 38, rule 14 shall apply in relation to the issue of a writ of subpoena ad testificandum or subpoena duces tecum in a commercial action as if for references therein to the Central Office there were substituted references to the Admiralty and Commercial Registry.

(3) Order 39 and Form Nos. 31, 32 and 34 in Appendix A shall apply in relation to a commercial action as if for references therein to the Central Office (except the references in rule 3) there were substituted references to the Admiralty and Commercial Registry.

(4) Order 63, rules 3 and 4 shall apply in relation to documents filed in the Admiralty and Commercial Registry as they apply in relation to documents filed in the Central Office.

Section 19 Admiralty and Commercial Registry

Order 73, rule 4 shall be amended by substituting for the words “the Central Office” the words “the Admiralty and Commercial Registry”.

Section 20 Admiralty and Commercial Registry

Order 73, rule 9(5) shall be amended by substituting for the words “in the Central Office under the direction of the Senior Master” the words “in the Admiralty and Commercial Registry under the direction of the Senior Master”.

Section 21 Admiralty and Commercial Registry

Order 75, rules 2A(1) and 26(3) shall be amended by substituting for the words “the Admiralty Registry” the words “the registry”.

Section 22 Admiralty and Commercial Registry

Order 75, rule 3(2) shall be amended by substituting for the words “out of the Admiralty registry” the words “out of the registry” and by substituting for the words “to the Admiralty registry” the words “to the Admiralty and Commercial Registry”.

Section 23 Admiralty and Commercial Registry

Order 75, rule 45 shall be revoked.

Section 24 Admiralty and Commercial Registry

Order 75, rule 46(1) shall be amended by substituting for the heading the words “ Date of filing and inspection of documents in the Registry ” and for the words “Order 63, rule 4(1) and (3)” the words “Order 63, rules 3 and 4”.

Section 25 Admiralty and Commercial Registry

Form No. 1 in Appendix A shall be amended by inserting after the words “Central Office” the words “[ or the Admiralty and Commercial Registry]”.

Section 26 Admiralty and Commercial Registry

Form No. 10 in Appendix A shall be amended by inserting after the words “Central Office” the words “[ or in the case of a commercial action before the Judge in chambers, Admiralty and Commercial Registry,]”.

Section 27 Admiralty and Commercial Registry

Form No. 11 in Appendix A shall be amended by inserting after the words “Central Office” the words “[ or in the case of a commercial action before the Judge in chambers, Admiralty and Commercial Registry,] [ or in the case of Admiralty proceedings before the Admiralty Registrar [ or Judge] in chambers, Admiralty and Commercial Registry,]”.

Section 28 Admiralty and Commercial Registry

Form No. 14 in Appendix A shall be amended by inserting after the words “Strand, London WC2A 2LL” where they first appear in paragraph 1 of the Directions the words “[ or, if the Writ was issued out of the Admiralty and Commercial Registry, to the Admiralty and Commercial Registry, Royal Courts of Justice, Strand, London WC2A 2LL]”.

Section 29 Admiralty and Commercial Registry

Form No. 14 in Appendix A shall be further amended by inserting after the words “Central Office” in paragraph 8 of the Notes the words “or the Admiralty and Commercial Registry”.

Section 30 Admiralty and Commercial Registry

Form No. 15 in Appendix A shall be amended by inserting after the words “Strand, London WC2A 2LL” where they first appear in the Directions the words “[ or, if the originating summons was issued out of the Admiralty and Commercial Registry, to the Admiralty and Commercial Registry, Royal Courts of Justice, Strand, London WC2A 2LL]”.

Section 31 Admiralty and Commercial Registry

Form Nos. 1, 2, 2B and 8 in Appendix B shall be amended by substituting for the words “Admiralty Registry”, wherever they appear, the words “Admiralty and Commercial Registry”.

Section 32 Appearance Gratis

Order 12 shall be amended by inserting after rule 8 the following new rule—

Application by defendant where writ not served

(12A)

(1) Any person named as a defendant in a writ which has not been served on him may serve on the plaintiff a notice requiring him within a specified period not less than 14 days after service of the notice either to serve the writ on the defendant or to discontinue the action as against him.

(2) Where the plaintiff fails to comply with a notice under paragraph (1) within the time specified the Court may, on the application of the defendant by summons, order the action to be dismissed or make such other order as it thinks fit.

(3) A summons under paragraph (2) shall be supported by an affidavit verifying the facts on which the application is based and stating that the defendant intends to contest the proceedings and a copy of the affidavit must be served with the summons.

(4) Where the plaintiff serves the writ in compliance with a notice under paragraph (1) or with an order under paragraph (2) the defendant must acknowledge service within the time limited for so doing.

Section 33 Split trials and payment into court

Order 16, rule 10 shall be amended as follows.

(1) The existing rule 10 shall become paragraph (1) of rule 10.

(2) After the words “or damages, then,” in paragraph (1) there shall be inserted the words “subject to paragraph (2) and”.

(3) After paragraph (1) there shall be inserted the following new paragraph—

(2) Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remaining to be tried separately, any party may bring to the attention of the judge the fact that a written offer under paragraph (1) has or has not been made and the date (but not the amount) of such offer or of the first such offer if more than one.

Section 34 Split trials and payment into court

Order 22, rule 7 shall be amended as follows.

(1) The existing rule 7 shall become paragraph (1) of rule 7.

(2) After the words “hearing has begun,” in paragraph (1) there shall be inserted the words “and subject to paragraph (2)”.

(3) After paragraph (1) there shall be inserted the following new paragraph—

(2) Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remaining to be tried separately, any party may bring to the attention of the Court the fact that a payment into court has or has not been made and the date (but not the amount) of such payment or of the first payment if more than one.

Section 35 Amendment of pleadings by consent

Order 20, rule 12(1) shall be amended by substituting, for the words “in a cause or matter in the Chancery Division”, the words “in any cause or matter”.

Section 36 Provision of copies of documents on discovery

Order 24 shall be amended by inserting after rule 11 the following new rule—

Provision of copies of documents

(11A)

(1) Any party who is entitled to inspect any documents under any provision of this Order or any order made thereunder may at or before the time when inspection takes place serve on the party who is required to produce such documents for inspection a notice (which shall contain an undertaking to pay the reasonable charges) requiring him to supply a true copy of any such document as is capable of being copied by photographic or similar process.

(2) The party on whom such a notice is served must within 7 days after receipt thereof supply the copy requested together with an account of the reasonable charges.

(3) Where a party fails to supply to another party a copy of any document under paragraph (2), the Court may, on the application of either party, make such order as to the supply of that document as it thinks fit.

Section 37 Provision of copies of documents on discovery

Order 24 shall be further amended by inserting—

(a) in rule 13(1) after the words “to the Court” the words “or for the supply of a copy of any document”,

(b) in rule 13(2) after the words “to the Court” the words “or for the supply of a copy of any document”, and

(c) in rule 13(2) after the words “such production”, in both places where they appear, the words “or supply”.

Section 38 Provision of copies of documents on discovery

Order 24 shall be further amended by inserting in rule 16(1) after the words “or any other purpose” the words “or to supply copies thereof”.

Section 39 Discovery of documents and disclosure

Order 24 shall be amended by inserting, after rule 14, the following new rule—

Use of documents

(14A) Any undertaking, whether express or implied, not to use a document for any purposes other than those of the proceedings in which it is disclosed shall cease to apply to such document after it has been read to or by the Court, or referred to, in open court, unless the Court for special reasons has otherwise ordered on the application of a party or of the person to whom the document belongs.

Section 40 Expert evidence

Order 38, rule 36(1) shall be amended by omitting the words “, 38”.

Section 41 Expert evidence

For Order 38, rules 37 and 38 there shall be substituted the following new rules—

Direction that expert report be disclosed

(37) Where in any cause or matter an application is made under rule 36(1) in respect of oral expert evidence, then, unless the Court considers that there are special reasons for not doing so, it shall direct that the substance of the evidence be disclosed in the form of a written report or reports to such other parties and within such period as the Court may specify.

Meeting of experts

(38) In any cause or matter the Court may, if it thinks fit, direct that there be a meeting “without prejudice” of such experts within such periods before or after the disclosure of their reports as the Court may specify, for the purpose of identifying those parts of their evidence which are in issue. Where such a meeting takes place the experts may prepare a joint statement indicating those parts of their evidence on which they are, and those on which they are not, in agreement.

Section 42 Expert evidence

Order 38, rule 39 shall be amended by omitting the words “or 38”.

Section 43 Expert evidence

Order 38, rule 43 shall be amended by omitting the words “or 38”.

Section 44 Interlocutory applications in the Divisional Court

Order 32, rule 11 shall be amended by inserting, in paragraph (1) (a) , after the words “other than applications to which”, the words “Order 55, rule 6A, Order 56, rule 13 or”.

Section 45 Interlocutory applications in the Divisional Court

Order 32, rule 11 shall be further amended by substituting a comma for the semicolon at the end of paragraph (1) (c) and by adding thereafter the words “other than applications to which Order 55, rule 6A or Order 56, rule 13 applies;”.

Section 46 Interlocutory applications in the Divisional Court

Order 55 shall be amended by inserting, after rule 6, the following new rule—

Interlocutory applications

(6A)

(1) Unless the Court otherwise directs, any interlocutory application in proceedings to which this Order applies may be made to any Judge or a Master of the Queen’s Bench Division or, as the case may be, any Judge or a Registrar of the Family Division, notwithstanding that the appeal has been brought by motion and is to be heard by a Divisional Court.

In this paragraph “interlocutory application” includes an application for the extension of time for the service of the notice of motion or the entry of the appeal or for the amendment of the notice of motion.

(2) In relation to an order made by a Master or Registrar pursuant to paragraph (1), Order 58, rule 1 shall, where the appeal is to be heard by a Divisional Court, have effect as if a reference to that Court were substituted for the reference to a Judge in chambers.

(3) This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.

Section 47 Interlocutory applications in the Divisional Court

Order 56, rule 7(3) shall be amended by substituting, for the words “The following rules”, the words “This rule and rules 8 to 12”.

Section 48 Interlocutory applications in the Divisional Court

Order 56 shall be further amended by inserting, after rule 12, the following new rule—

Interlocutory applications

(13)

(1) Unless the Court otherwise directs, any interlocutory application in proceedings to which this Order applies may be made to any Judge or a Master of the Queen’s Bench Division or, as the case may be, any Judge or a Registrar of the Family Division, notwithstanding that the appeal has been brought by case stated and is to be heard by a Divisional Court.

In this paragraph “interlocutory application” includes an application for an order extending the time for entry of the appeal or for service of notice of entry of the appeal.

(2) In relation to an order made by a Master or Registrar pursuant to paragraph (1), Order 58, rule 1 shall, where the application is to be heard by a Divisional Court, have effect as if a reference to that Court were substituted for the reference to a Judge in chambers.

(3) This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.

Section 49 Enforcement of decisions of value added tax tribunals

Order 45 shall be amended by adding after rule 13 the following new rule—

Enforcement of decisions of Value Added Tax Tribunals

(14)

(1) An application under section 29 of the Finance Act 1985 for registration of a decision of a Value Added Tax Tribunal on an appeal under section 40 of the Value Added Tax Act 1983 shall be made by a request in writing to the head clerk of the Crown Office—

(a) exhibiting the decision or a duly authenticated copy thereof,

(b) stating, so far as is known to the deponent, the name and occupation and the usual or last known address or place of business of the person against whom it is sought to enforce the decision, and

(c) stating, to the best of the deponent’s information and belief, the amount which as a result of the decision is, or is recoverable as, tax from such person at the date of the application and the amount then remaining unpaid of any costs awarded to the Commissioners of Customs and Excise by the decision.

(2) Notice of the registration of a decision must be served on the person against whom it is sought to enforce the decision by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such manner as the Court may direct.

(3) There shall be kept in the Central Office under the direction of the Senior Master a register of the decisions registered under section 29 of the Finance Act 1985, and there shall be included in the register particulars of any execution issued on a decision so registered.

Section 50 Costs

Order 45 shall be amended by adding, after rule 14, the following new rule—

Signing judgment for costs without an order

(15) A party entitled to tax his costs by virtue of paragraphs (3), (4), (5) or (6) of Order 62, rule 5 may, if the taxed costs are not paid within 4 days after taxation, sign judgment for them.