The Rules of the Supreme Court (Amendment) 1969

8.  Order 75 shall be amended as follows:—

(1) In rule 25(1) the words from the beginning to “subject to that” shall be omitted, and after the words “other actions” there shall be inserted the words

“except that—

(a) the summons for directions shall be returnable in not less than seven weeks;

(b) any notice under Order 25, rule 7(1), must be served within 21 days after service of the summons for directions on the party giving the notice; and

(c) unless a judge in person otherwise directs, the summons for directions shall be heard by a judge in person.”

(2) In rule 31(3) there shall be inserted at the end of subparagraph (b) the words “and fix the period within which any notice under Order 38, rule 21, must be served”.

(3) For rule 32 there shall be substituted the following rule:—

“Further provisions with respect to evidence

32.— (1) Notwithstanding anything in Order 38, rule 8, rules 1, 2 and 4 of that Order shall not apply to a reference to the registrar or a district registrar.

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

(3) Unless the Court otherwise directs, Order 38, rule 21(1), shall not apply in relation to any statement which is admissible in evidence by virtue of section 2, 4 or 5 of the Civil Evidence Act 1968 and which an applicant for judgment in default under rule 19 or 21 desires to give in evidence at the hearing of the motion by which the application for judgment is made.

(4) In any Admiralty action in which a summons for directions is required by virtue of rule 25 or rule 38(7) to be taken out, any notice under Order 38, rule 21, must, if given by the party who takes out that summons, be served with that summons and, if given by any other party, be served within 21 days after service of the summons for directions on him.

(5) In any proceedings on a reference to the registrar or a district registrar, any notice under Order 38, rule 21, must be served not less than 6 weeks before the day appointed for the hearing of the reference.

(6) On the day on which any party serves on any other party a notice under Order 38, rule 21, or a counter-notice under Order 38, rule 26, he must lodge two copies of the notice or counter-notice in the registry or, if the action is proceeding in a district registry, that registry.

(7) Unless the Court otherwise directs, an affidavit for the purposes of rule 19(4), 21 or 38(2) may, except in so far as it relates to the service of a writ, contain statements of information or belief with the sources and grounds thereof.”

(4) In rule 38 there shall be added at the end of paragraph (7) the words “and, if he gives no such direction, a direction fixing the period within which any notice under Order 38, rule 21, must be served”.