Rules of the Supreme Court (Revision) 1965

Publication Date:January 01, 1965
 
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1965No. 1776 (L. 23)

SUPREME COURT OF JUDICATURE, ENGLAND

PROCEDURE

The Rules of the Supreme Court (Revision) 1965

30thSeptember1965

2ndNovember1965

1stOctober1966

We, the Rule Committee of the Supreme Court, being the authority having for the time being power under section 99 of the Supreme Court of Judicature (Consolidation) Act 1925(a) to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature, hereby exercise the powers conferred by that section and all other powers enabling us in that behalf as follows:—

1.—(1) The rules set out in Schedule 1 hereto are hereby made.

(2) The enactments specified in columns 1 and 2 of Schedule 2 hereto (being enactments relating to matters with respect to which the rules specified in column 4 of that Schedule are hereby made) are hereby repealed to the extent specified in column 3 of that Schedule.

(3) The Rules and Orders specified in Schedule 3 hereto are hereby revoked, but subject to the provision in relation thereto made at the end of that Schedule.

2. The Interpretation Act 1889(b) applies in relation to this instrument and in relation to the revocations and repeals effected by it as if this instrument, the rules and orders revoked by it and any rules and orders revoked by the rules and orders so revoked were Acts of Parliament, and as if each revocation were a repeal.

3. This instrument may be cited as the Rules of the Supreme Court (Revision) 1965 and shall come into operation on 1st October 1966.

Gardiner, C.

Parker of Waddington, C.J.

Denning, M.R.

J. E. S. Simon, P.

Edmund Davies, J.

Geoffrey Cross, J.

Eustace Roskill, J.

Arthur Bagnall.

Hugh Griffiths.

Charles Norton.

W. O. Carter.

Dated 30th September 1965.

(a) 15 & 16 Geo. 5. c. 49.

(b) 52 & 53 Vict. c. 63.

SCHEDULE 1

THE RULES OF THE SUPREME COURT 1965

ARRANGEMENT OF ORDERS

PRELIMINARY

1. Citation, application, interpretation and forms.

2. Effect of non-compliance.

3. Time.

COMMENCEMENT AND PROGRESS OF PROCEEDINGS

4. Assignment, transfer and consolidation of proceedings.

5. Mode of beginning civil proceedings in High Court.

6. Writs of summons: general provisions.

7. Originating summonses: general provisions.

8. Originating and other motions: general provisions.

9. Petitions: general provisions.

10. Service of originating process: general provisions.

11. Service of process, etc. out of the jurisdiction.

12. Entry of appearance to writ or originating summons.

13. Default of appearance to writ.

14. Summary judgment.

15. Causes of action, counterclaims and parties.

16. Third party and similar proceedings.

17. Interpleader.

18. Pleadings.

19. Default of pleadings.

20. Amendment.

21. Withdrawal and discontinuance.

22. Payment into and out of court.

23. Security for costs.

24. Discovery and inspection of documents.

25. Summons for directions.

26. Interrogatories.

27. Admissions.

28. Originating summons procedure.

29. Interlocutory injunctions, interim preservation of property, etc.

30. Receivers.

31. Sales, etc. of land by order of Court: conveyancing counsel of the Court.

32. Applications and proceedings in chambers.

TRIAL

33. Place and mode of trial.

34. Setting down for trial action begun by writ.

35. Proceedings at trial.

36. Trials before, and inquiries by, referees and masters.

37. Assessment of damages.

38. Evidence: general

39. Evidence by deposition: examiners of the Court.

40. Court expert.

41. Affidavits.

JUDGMENTS, ORDERS, ACCOUNTS AND INQUIRIES

42. Judgments and orders.

43. Accounts and inquiries.

44. Proceedings under judgments and orders: Chancery Division.

ENFORCEMENT OF JUDGMENTS AND ORDERS

45. Enforcement of judgments and orders: general.

46. Writs of execution: general.

47. Writs of fieri facias.

48. Examination of judgment debtor, etc.

49. Garnishee proceedings.

50. Charging orders, stop orders, etc.

51. Receivers: equitable execution.

52. Committal.

DIVISIONAL COURTS, COURT OF APPEAL, ETC.

53. Applications for order of mandamus, prohibition, certiorari, etc.

54. Applications for writ of habeas corpus.

55. Appeals to High Court from court, tribunal or person: general.

56. Appeals, etc. to High Court by case stated: general.

57. Divisional Court proceedings, etc.: supplementary provisions.

58. Appeals from masters, registrars, referees and judges.

59. Appeals to the Court of Appeal.

60. Appeals to Court of Appeal from the Restrictive Practices Court.

61. Appeals from tribunals to Court of Appeal by case stated.

COSTS

62. Costs.

GENERAL AND ADMINISTRATIVE PROVISIONS

63. Central Office and district registries.

64. Sittings, vacations and office hours.

65. Service of documents.

66. Paper, printing, notices and copies.

67. Change of solicitor.

68. Official shorthand note.

PROVISIONS AS TO FOREIGN PROCEEDINGS

69. Service of foreign process.

70. Obtaining evidence for foreign courts, etc.

71. Reciprocal enforcement of judgments.

SPECIAL PROVISIONS AS TO PARTICULAR PROCEEDINGS

72. Commercial actions in the Queen's Bench Division.

73. Arbitration proceedings.

74. Applications and appeals under the Merchant Shipping Acts 1894 to 1965.

75. Admiralty proceedings.

76. Probate proceedings.

77. Proceedings by and against the Crown.

78. County court proceedings transferred or removed to High Court.

79. Criminal proceedings.

80. Disability.

81. Partners.

82. Defamation actions.

83. Moneylenders' actions.

84. Actions arising out of hire-purchase or conditional sale agreements.

85. Administration and similar actions.

86. Actions for specific performance, etc.: summary judgment.

87. Debenture holders' actions: receiver's register.

88. Mortgage actions.

89. Proceedings between husband and wife.

90. Revenue proceedings in Chancery Division.

91. Proceedings relating to infants: Chancery Division.

92. Lodgment, investment, etc. of funds in court: Chancery Division.

93. Applications and appeals to High Court under various Acts: Chancery Division.

94. Applications and appeals to High Court under various Acts: Queen's Bench Division.

95. The Bills of Sale Acts 1878 and 1882.

96. The Mines (Working Facilities and Support) Act 1923, etc.

97. The Landlord and Tenant Acts 1927 and 1954.

98. The Local Government Act 1933, Part X.

99. The Inheritance (Family Provision) Act 1938.

100. The Trade Marks Act 1938.

101. The Pensions Appeal Tribunals Act 1943.

102. The Companies Act 1948.

103. The Patents Acts 1949 to 1961; the Registered Designs Acts 1949 to 1961; the Defence Contracts Act 1958.

104. The Maintenance Orders Act 1950; the Maintenance Orders Act 1958.

105. The Restrictive Trade Practices Act 1956.

106. Proceedings relating to solicitors: the Solicitors Act 1957.

107. The County Courts Act 1959.

108. Proceedings relating to charities: the Charities Act 1960.

109. The Administration of Justice Act 1960.

110. The Limitation Act 1963.

111. The National Insurance Act 1965; the National Insurance (Industrial Injuries) Act 1965.

APPENDICES:

Appendix A. Forms.

Appendix B. Special Admiralty Forms.

PRELIMINARY

ORDER 1

CITATION, APPLICATION, INTERPRETATION AND FORMS

Citation

1. These rules may be cited as the Rules of the Supreme Court 1965.

Application

2.—(1) Subject to the following provisions of this rule, these rules shall have effect in relation to all proceedings in the Supreme Court.

(2) These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the second column of that Table):—

TABLE

 Proceedings Enactments
1. Bankruptcy proceedings. Bankruptcy Act 1914(a), section
 132
2. Proceedings relating to the Companies Act 1948(b), section
 winding-up of companies. 365
3. Non-contentious or common Supreme Court of Judicature
 form probate proceedings. (Consolidation) Act 1925(c), section
 100
4. Proceedings in the High Court Prize Courts Act 1894(d), section 3
 when acting as a Prize Court
5. Proceedings before the judge Mental Health Act 1959, section
 within the meaning of Part 112
 VIII of the Mental Health Act
 1959(e).

(3) These rules shall not, except as expressly provided by these rules, have effect in relation to any proceedings to which the Matrimonial Causes (Judgment Summons) Rules 1952(f) or the Matrimonial Causes Rules 1957(g) apply.

(4) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 57, Order 59, Order 62 or Order 79 applies.

(5) In the case of the proceedings mentioned in paragraphs (2), (3) and (4), nothing in those paragraphs shall be taken as affecting any provision of any rules (whether made under the Act or any other Act) by virtue of which the Rules of the Supreme Court 1965 or any provisions thereof are applied in relation to any of those proceedings.

Application of Interpretation Act

3. The Interpretation Act 1889(h) shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.

(a) 4 & 5 Geo. 5. c. 59.

(b) 11 & 12 Geo. 6. c. 38.

(c) 15 & 16 Geo. 5. c. 49.

(d) 57 & 58 Vict. c. 39.

(e) 7 & 8 Eliz. 2. c. 72.

(f) S.I. 1952/2209 (1952 III, p. 3359).

(g) S.I. 1957/619 (1957 II, p. 2406).

(h) 52 & 53 Vict. c. 63.

Definitions

4.—(1) In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely—

"the Act" means the Supreme Court of Judicature (Consolidation) Act 1925;

"cause book" means the book kept in the Central Office, the Principal Probate Registry, the Admiralty Registry and every district registry in which the letter and number of, and other details relating to, a cause or matter are entered;

"Central Office" means the central office of the Supreme Court;

"chief master" means the chief master (Chancery Division);

"Crown Office" means the Crown Office and Associates' Department of the Central Office;

"folio" means 72 words, each figure being counted as one word;

"master"...

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