Rules of the Supreme Court (Special Indorsements and Trial Without Pleadings), 1954
| Jurisdiction | UK Non-devolved |
| Citation | SI 1954/1727 |
1954 No. 1727 (L. 24)
The Rules of the Supreme Court (Special Indorsements and Trial Without Pleadings), 195421stDecember 1954
4thJanuary 1955
20thApril 1955
We, the Rule Committee of the Supreme Court, hereby make the following Rules:—
1. For Rule 6 of the Order III (which relates to the indorsement of claim) the following Rule shall be substituted—
"6.—(1) In any action in the Chancery Division or Queen's Bench Division other than one which includes—
(a) a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage; or
(b) a claim by the plaintiff based on an allegation of fraud,
the writ of summons may, at the option of the plaintiff, be specially indorsed with or accompanied by a statement of his claim.
(2) In any action to which paragraph (1) of this Rule applies, a plaintiff who does not exercise his option to have his writ specially indorsed with or accompanied by a statement of his claim shall not be entitled to any greater costs than he would have been entitled to if he had exercised that option, unless the order for his costs otherwise expressly provides, and such an order shall not otherwise expressly provide unless a court or judge making the order is satisfied that there was good reason for the plaintiff not exercising his option:
Provided that this paragraph shall not apply to any action which includes a claim by the plaintiff for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages—
(a) in respect of personal injuries to any person; or
(b) in respect of damage to a vehicle, being damage to a vehicle arising out of an accident on any road, whether a highway or not;
or to any action in respect of the death of any person under the Fatal Accidents Act, 1846, as amended by any subsequent enactment, or the Carriage by Air Act, 1932.
In this paragraph "personal injuries" includes any disease and any impairment of a person's physical or mental condition."
2. After Order XIVA there shall be inserted the following Order—
"ORDER XIVB
Applications for Trial Without Pleadings
1. A writ of summons specially indorsed with or accompanied by a statement of claim under Rule 6 of Order III may, at the option of the plaintiff, include (instead of the notice, if any, to the defendant that if he enters an appearance he must also deliver a defence) a notice that, if an appearance is entered...
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