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The Rules of the Supreme Court (Amendment No. 3) 1970

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

1.—(1) These Rules may be cited as the Rules of the Supreme Court (Amendment No. 3) 1970.

(2) Rules 1 to 4 and 7 to 9 of these Rules shall come into operation on 1st October 1970 and Rules 5 and 6 on 15th February 1971.

(3) In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965(1), as amended(2).

(4) The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

2.  The following paragraph shall be added to Order 1, rule 4:—

(3) In these rules “decimal currency” means the new currency provided for by the Decimal Currency Act 1967(3), and where it is necessary for the purposes of these rules to calculate the amount in decimal currency corresponding to an amount in shillings and pence, the calculation shall be made in accordance with Schedule 1 to the Decimal Currency Act 1969(4).

3.  The following sub-paragraph shall be added to Order 6, rule 2(1):—

(d)where the action is brought to enforce a right to recover possession of goods, with a statement showing the value of the goods.

4.  The following paragraph shall be inserted in Order 18, rule 6, after paragraph (3):—

(3A) Where a pleading contains a claim for a sum of money which includes an amount expressed in shillings and pence, the equivalent of that sum in decimal currency must also be stated in the pleading.

5.  The following paragraph shall be added to Order 42, rule 1:—

(4) A judgment or order for the payment of a sum of money must state that sum in decimal currency.

6.  The following paragraph shall be added to Order 45, rule 1:—

(5) In any writ or order issued or made to enforce a judgment or order for the payment of money, the amount to be recovered must be stated in decimal currency.

7.  Appendix 2 to Order 62 shall be amended as follows:—

(1) In the heading to the Appendix immediately under the words “SCALE OF COSTS” there shall be inserted the following note:—

(In this Appendix decimal equivalents are shown in italics and brackets).

(2) For Parts I to IX there shall be substituted the following:—

PART IINSTITUTION ETC., OF PROCEEDINGS

Item£ s. d.(£)
1. Drawing, issuing, filing and service on one party of writ of summons (including statement of claim indorsed thereon), originating summons, notice of originating motion, third party notice

2 10 0

to

10 0 0

(2·50)

to

(10·00)

2. Issue and service on one party of concurrent writ of summons or originating summons15 0(0·75)

Note to items 1 and 2

References in these items to service on one party of a writ of summons shall, in relation to a writ of summons issued in an Admiralty action in rem, be construed as references to service of the writ on a ship or on a registrar as the circumstances of the case require.

3. Renewing writ of summons issued—
(a) in Admiralty action6 0 0(6·00)
(b) in any other action2 0 0(2·00)
including drawing and filing affidavit, attending on application for renewal and obtaining order.
4. Drawing, presenting, filing and service on one party of—
(a) petition assigned to the Probate, Divorce and Admiralty Division

2 10 0

to

10 0 0

(2·50)

to

(10·00)

(b) any other petitionDiscretionary Discretionary
5. Drawing, issuing, filing and service on one party of notice of motion (other than an originating motion)

1 5 0

to

5 0 0

(1·25)

to

(5·00)

6. Drawing, filing and service on one party of—
(a) case or special case stated by party or parties to any cause or matterDiscretionary Discretionary
(b) case or special case stated by Restrictive Practices Court, inferior court of civil jurisdiction, statutory tribunal, Commissioners for the general or special purposes of the Income Tax Acts, Minister of the Crown, arbitrator or umpireDiscretionary Discretionary
(c) notice of appeal (including notice of the grounds of the appeal) from decision given on an investigation or inquiry under Part VI of the Merchant Shipping Act 1894, or from an order or decision of a naval court under the said Part VIDiscretionary Discretionary

Note to item 6

This item includes service on one party of notice that the case referred to in paragraph (b) thereof has been entered for hearing.

7. Drawing, filing and service on one party of statement of claim (if not indorsed on writ), or other pleading, answer to petition, claim in a reference under Order 75, rule 41

2 10 0

to

10 0 0

(2·50)

to

(10·00)

8. Drawing, filing and service on one party of particulars of pleading and drawing and service on one party of request for such particulars

1 5 0

to

10 0 0

(1·25)

to

(10·00)

9. Drawing and filing of Preliminary Act, drawing notice of filing and service on one party of such noticeDiscretionary Discretionary
10. Drawing amendment of document referred to in item 1, 4, 5 or 7, and service on one party of amended document

1 0 0

to

3 0 0

(1·00)

to

(3·00)

11. Drawing notice of writ of summons for service out of the jurisdiction15 0(0·75)

12. Drawing any document, attending on any application and doing any other work necessary to obtain—

(a) order for substituted service of any document,

(b) order giving leave to serve any document out of the jurisdiction,

and obtaining order

Discretionary Discretionary

PART IIPROCEEDINGS IN CHAMBERS

13. Drawing, issuing, filing and service on one party of summons—
(a) to proceed under a judgment or order1 5 0(1·25)
(b) for order in terms of annexed minutes1 5 0(1·25)
(c) to extend time1 5 0(1·25)
14. Drawing, issuing, filing and service on one party of summons for directions or notice under Order 25, rule 7—
(a) in Admiralty actionDiscretionary Discretionary
(b) in any other action

1 5 0

to

3 0 0

(1·25)

to

(3·00)

15. Drawing, issuing, filing and service on one party of summons to attend at chambers (other than summons referred to in item 13 or 14)

1 5 0

to

3 0 0

(1·25)

to

(3·00)

16. Drawing brief on an interlocutory application or on further consideration thereof, including copy for counsel

1 0 0

to

7 10 0

(1·00)

to

(7·50)

17. Attending to obtain appointment for hearing before judge, master or registrar15 0(0·75)
18. Attending to deliver papers required for use of judge, master or registrar in chambers15 0(0·75)
19. Attending hearing of summons or application in chambers

1 10 0

to

12 0 0

per day

(1·50)

to

(12·00)

per day

20. Attending registrar of the Chancery Division—
(a) to bespeak (where necessary) and to settle draft minutes of order—
(i) if certified for special allowance by registrar under paragraph 6 of Part X of this Appendix

Discretionary

not exceeding

6 0 0

Discretionary

not exceeding

(6·00)

(ii) if not so certified1 10 0(1·50)
(b) to pass and enter order1 10 0(1·50)
21. Attending to draw up and enter any order, where item 20 does not apply15 0(0·75)

PART IIIDISCOVERY AND INSPECTION

22. Drawing, filing and service of—
(a) affidavit of documents or list of documents3 0 0(3·00)
(b) interrogatories for examination of a partyto to
(c) affidavit in answer to interrogatories including, when appropriate, attending deponent to be sworn and copy for service.12 10 0(12·50)
23. Attending to inspect, or produce for inspection, documents production of which for inspection is required by order of the Court or by virtue of any provision of Order 24—
for the first hour or part of an hour1 10 0(1·50)
for every subsequent half hour or part thereof15 0(0·75)

PART IVPREPARATION FOR TRIAL, ETC

24. Drawing and issue of—
(a) writ of subpoena ad testificandum or writ of habeas corpus ad testificandum for one, two or three witnesses15 0(0·75)
(b) writ of subpoena duces tecum, for each witness, including filing of praecipe, attending to obtain writ and copy for service.15 0(0·75)
Where the writ mentioned in paragraph (a) is for more than one witness, copy for service on each additional witness2 6(0·15)
25. Drawing and service of notice—
(a) to produce for inspection document referred to in pleading or affidavit15 0(0·75)
(b) to produce document at trial or hearing15 0(0·75)
(c) to admit any document or fact including copy for service.15 0(0·75)
26. Instructions for trial or hearing of any cause or matter, whatever the mode of trial or hearingDiscretionary Discretionary
27. Instructions for appeal from an interlocutory or final order or judgmentDiscretionary Discretionary

Note to items 26 and 27

These items are intended to cover the doing of any work, not otherwise provided for, necessarily or properly done in preparing for a trial, hearing or appeal, or before a settlement of the matters in dispute, including—

(a) taking instructions to sue, defend, counterclaim or appeal, or for any pleading, particulars of pleading, affidavit, preliminary act or claim in a reference under Order 75, rule 41;

(b) considering the facts and law;

(c) attending on and corresponding with client;

(d) interviewing and corresponding with witnesses and potential witnesses and taking proofs of their evidence;

(e) arranging to obtain reports or advice from experts and plans, photographs and models;

(f) making search in Public Record Office and elsewhere for relevant documents;

(g) inspecting any property or place material to the proceedings;

(h) perusing pleadings, affidavits and other relevant documents;

(i) where the cause or matter does not proceed to trial or hearing, work done in connection with the negotiation of a settlement; and

(j) the general care and conduct of the proceedings.

28. Drawing instructions to counsel to advise in writing or in conference, including copy for counsel

1 0 0

to

7 10 0

(1·00)

to

(7·50)

29. Attending counsel in conference2 10 0(2·50)
And for every half hour beyond the first1 0 0(1·00)

Note to item 29

This item includes attending to make appointment for conference.

30. Drawing brief with observations to counsel and proofs of evidence—
per brief or A3 ISO page16 0(0·80)
per foolscap or A4 ISO page (in each case proportionately for less)10 0(0·50)
31. Attending counsel to procure certificate that cause is proper to be heard as a short cause and on registrar to mark same1 0 0(1·00)
32. Attending to obtain appointment to examine witness and on examination of witness before any commissioner, officer of the Court or other person appointed to examine him or under Order 75, rule 30

4 0 0

to

12 0 0

per day

(4·00)

to

(12·00)

per day

PART VTRIAL OR HEARING

33. Attending at court for purpose of—
(a) any application relating to or consequent on trial or hearing of a cause or matter

1 10 0

to

5 0 0

(1·50)

to

(5·00)

(b) trial or hearing of a cause or matter for each day—
(i) on which cause or matter is included in list of causes or matters to be tried or heard but on which trial or hearing is not begun

1 10 0

to

8 0 0

(1·50)

to

(8·00)

(ii) of trial or hearing

3 0 0

to

15 0 0

(3·00)

to

(15·00)

(c) hearing deferred judgment

3 0 0

to

8 0 0

(3·00)

to

(8·00)

Note to item 33

Where the Court is not sitting at the Royal Courts of Justice, then, unless it is sitting in the town in which the solicitor practises, the solicitor shall also be allowed travelling and out of pocket expenses reasonably, incurred by him, and where the Court is sitting at the Royal Courts of Justice and the costs of the attendance at court of a country solicitor are allowed, that solicitor shall also be allowed such expenses so incurred.

34. Attending to obtain certificate of associate or master, drawing, and attending to enter, judgment, other than judgment given in Admiralty cause or matter1 10 0(1·50)
35. Attending to obtain judgment in Admiralty cause or matter, decision on reference under Order 75, rule 41 and grounds of decision15 0(0·75)

PART VITAXATION

36. Drawing bill of costs, per foolscap or A4 ISO page (proportionately for less)10 0(0·50)
37. Obtaining reference to taxing officer or appointment for taxation or (where the taxation proceedings arise out of proceedings in the Probate, Divorce and Admiralty Division) attending to lodge bill of costs1 0 0(1·00)

Note to item 37

This item includes drawing the statement referred to in rule 21(4) of this Order.

38. Attending taxation, completing bill of costs, producing vouchers for disbursements and attending to obtain taxing officer's certificate or order

3 0 0

to

12 0 0

(3·00)

to

(12·00)

Or if bill of costs does not exceed £20 and is taxed at same time as some other bill in the same proceedings2 0 0(2·00)
39. Drawing objections to decision of taxing officer on taxation, or answers to objections, including copies for service and filing, delivery to one party of such objections or answers and attending hearing of review by taxing officer

3 0 0

to

12 0 0

(3·00)

to

(12·00)

PART VIIEXECUTION

40. Drawing, and attending to obtain issue of, writ of execution. Necessary copies of any such writ shall be allowed.1 0 0(1·00)
41. Drawing notice of renewal of writ of execution required by Order 46, rule 815 0(0·75)
Procuring renewal of writ of execution in accordance with the said rule 815 0(0·75)

PART VIIIGENERAL AND MISCELLANEOUS

Attendances
42. To obtain—
(a) consent of person to act as next friend or guardian ad litem and consent or approval of any other interested party

1 10 0

to

3 0 0

(1·50)

to

(3·00)

(b) any other consent15 0(0·75)

Note to item 42

This item includes drawing the form of consent or approval.

43. To give consent15 0(0·75)
44. To enter appearance1 5 0(1·25)
If appearance entered for more than one person at the same time, for each additional person2 6(0·15)

Note to item 44

This item includes copy and service of notice of appearance.

45. To search—
(a) for appearance15 0(0·75)
(b) for appearance and to obtain certificate of non-appearance1 0 0(1·00)
46. To register memorandum of a lis pendens1 0 0(1·00)

Note to item 46

This item shall not be allowed on a taxation of costs in accordance with rule 28(2).

47. At Central Office or any registry to file any document15 0(0·75)
48. At Central Office or any registry to bespeak or search for affidavit15 0(0·75)
49. To enter order amending record by striking out or adding a party or consolidating causes or matters15 0(0·75)
50. To—
(a) set down action, summons or appeal for trial or hearing15 0(0·75)
(b) enter special case, or set down point of law, for argument15 0(0·75)
(c) enter for hearing case or special case stated by Restrictive Practices Court, inferior court of civil jurisdiction, statutory tribunal, Commissioners for the general or special purposes of the Income Tax Acts, Minister of the Crown, arbitrator or umpire15 0(0·75)
(d) enter for hearing reference to Admiralty registrar, district registrar or official referee15 0(0·75)
51. On the appropriate officer to certify that cause or matter set down for trial or hearing is settled or is for any other reason not to be included in list for trial or hearing15 0(0·75)
52. On a deponent swearing, or solicitor or clerk deposing to, any affidavit other than an affidavit of service15 0(0·75)
53. To examine abstract of title with deeds in connection with any cause or matter, per hour2 10 0(2·50)
54. To produce deeds for examination with abstract of title in connection with any cause or matter—
for the first hour or part thereof2 0 0(2·00)
for each subsequent half hour or part thereof1 0 0(1·00)
55. To stamp document with inland revenue stamp15 0(0·75)
56. To search for and obtain certificates of birth, marriage or death, for every 3 certificates obtained at the same registry at the same time15 0(0·75)
57. To make a general search for certificates of birth, marriage or death, per hour1 10 0(1·50)
58. On printer to insert advertisement in London Gazette or other paper, for each publication15 0(0·75)
59. On counsel with brief, case for written opinion or instructions to settle any document15 0(0·75)
Or where counsel's fee is 20 guineas or more1 10 0(1·50)
60. Attendance not provided for or allowed under any other item15 0(0·75)
Attendances etc., at the Accountant General's office
61. To obtain directions for lodgment of money in court, and at Bank of England to pay in or deposit money and obtain receipt3 0 0(3·00)
62. To draw and lodge documents required to authorise payment out of money lodged in court and to receive payment1 0 0(1·00)
63. To bespeak power of attorney to receive money out of court, obtain execution of power, stamp and lodge it, receive money and send it to grantor Discretionary Discretionary
64. To identify person entitled to receive cheque2 0 0(2·00)
65. To lodge securities in court or procure transfer of securities into or out of courtDiscretionary Discretionary

Note to item 65

This item includes all attendances required in connection with the lodgment or transfer and the preparation of any document so required.

66. To procure certificate, or re-dating of certificate, of funds in court1 0 0(1·00)
Or where more than one certificate is procured or re-dated at same timeDiscretionary Discretionary
67. To procure transcript of account1 0 0(1·00)
68. Drawing request for payment by post, obtaining signature and lodging request1 10 0(1·50)
69. Preparing, where person entitled to receive interest or other periodical payments, evidence of life or of the fulfilment of any conditions affecting the paymentsDiscretionary Discretionary
70. Drawing certificate required by the Accountant General under rule 89 of the Supreme Court Funds Rules 1927.Discretionary Discretionary
71. Procuring certificate of Commissioners of Inland Revenue required by rule 66 of the Supreme Court Funds Rules 1927 and lodging it with the Accountant General1 10 0(1·50)
Drawing documents
72. Case for opinion of counsel before institution of proceedings, including copy for counsel

1 0 0

to

10 0 0

(1·00)

to

(10·00)

73. Affidavit of service2 0 0(2·00)

Note to item 73

This item includes engrossing affidavit, attending to have it sworn and file it.

74. Affidavit, other than affidavit of service, per foolscap or A4 ISO page (proportionately for less)10 0(0·50)
75. Preparation for marking by commissioner of oaths of exhibit to affidavit, for each exhibit3 0(0·15)
76. Advertisement to be signed by master15 0(0·75)

Note to item 76

This item includes attending chambers to obtain signature.

77. Minutes of order, accounts, statements and other documents required for use in court or chambers—
per foolscap or A4 ISO page10 0(0·50)
per account (double foolscap or A3 ISO page) (in each case proportionately for less)1 0 0(1·00)
78. Pedigree, for each completed ring2 0(0·10)
79. Memorandum of a lis pendens, including copy thereof15 0(0·75)

Note to item 79

This item shall not be allowed on a taxation of costs in accordance with rule 28(2).

Notices, etc.
80. Drawing or filling up a notice to a creditor requiring him to prove his claim or informing him that cheque may be received from the Accountant General1 6(0·10)
81. Drawing any notice not otherwise provided for, for service or any request under Order 6, rule 5(3)2 6(0·10)
Copies, etc.
82. Copy of document not otherwise provided for—
(a) Typed top copy—
per quarto or A5 ISO page3 0(0·15)
per foolscap or A4 ISO page5 0(0·25)
per draft page6 0(0·30)
per brief or A3 ISO page (in each case proportionately for less)8 0(0·40)
(b) Photographic, printed and carbon copies—
per quarto or A5 ISO page1 6(0·07)
per foolscap or A4 ISO page2 0(0·10)
per draft page3 0(0·15)
per brief or A3 ISO page (for printed and carbon copies only, in each case proportionately for less)4 0(0·20)
83. Examining proof printIncluded in item 82(b) Included in item 82(b)
Letters, etc.
84. Circular5 0(0·25)
Short or similar8 0(0·40)
Other (or according to length and complexity)15 0(0·75)
85. Letters, messages and telephone calls not provided for or allowed under any other itemDiscretionary Discretionary
Perusal
86. Perusing any document not provided for or allowed under any other itemDiscretionary Discretionary
Service
87. Where more than one attendance is necessary to effect service on, or delivery to, one party of document referred to in Part I of this Appendix or in item 13, 14, 15 or 39 thereof, or where service is effected within the jurisdiction otherwise than by personal attendance or by post or is effected out of the jurisdictionDiscretionary Discretionary
88. Where document referred to in Part I of this Appendix or in item 13, 14, 15 or 39 thereof is required to be served on, or delivered to, more than one person, service on, or delivery to, each additional person—
(a) if required to be served personally or delivered

10 0

to

1 10 0

(0·50)

to

(1·50)

(b) if service by post authorised5 0(0·25)
89. Service or delivery of any document not provided for or allowed under any other item—
(a) if required to be served personally or delivered10 0(0·50)
(b) if service by post authorised5 0(0·25)
In addition to the amount allowed under paragraph (a) hereof, a mileage allowance in respect of each mile after the first two miles between the place at which service or delivery is effected and the nearest place of business of the solicitor effecting it2 0(0·10)

PART IXADDITIONAL PROCEEDINGS ARISING ONLY IN CONNECTION WITH ADMIRALTY CAUSES AND MATTERS

90. Procuring issue and service of warrant of arrest6 0 0(6·00)

Note to item 90

This item includes procuring the warrant, affidavits and other documents required in connection with the issue and service of the warrant and any attendances required to procure its issue and service, the swearing of any such affidavit and the filing of any such document.

91. Procuring issue of instrument of release under Order 75, rule 136 0 0(6·00)

Note to item 91

This item includes drawing the instrument and other documents required in connection with the issue of the instrument, obtaining any consent so required and any attendances required to procure the issue of the instrument and the filing of any such document.

92. Procuring entry, renewal or withdrawal of caveat against the issue of a warrant, the release of property or the payment of money out of court1 0 0(1·00)

Note to item 92

This item includes drawing and filing any document required to procure the entry, renewal or withdrawal and any attendances so required.

93. Giving bail—
(a) one surety7 0 0(7·00)
(b) two sureties7 10 0(7·50)

Note to item 93

This item includes drawing the bail bond, affidavits and other documents required in connection with the giving of bail and any attendances required to procure the signing of the bond, the swearing of any such affidavit and the filing and service of any such document

94. Giving guarantee or undertaking in lieu of bail4 0 0(4·00)

Note to item 94

This item includes preparing the guarantee or undertaking and any attendances required to procure the signing and stamping thereof.

Note to items 93 and 94

The commission or fee paid to a person becoming surety to a bail bond or giving a guarantee or undertaking in lieu of bail, not exceeding £1 per cent. of the amount for which the bond, guarantee or undertaking is given, shall be allowed on taxation.

95. Obtaining bail3 10 0(3·50)

Note to item 95

This item includes perusing notice of bail and other relevant documents and any attendance to make enquiries as to sufficiency of sureties or to ensure that documents relating to bail have been filed.

96. Obtaining—
(a) guarantee in lieu of bail3 10 0(3·50)
(b) undertaking in lieu of bail2 0 0(2·00)

Note to item 96

This item includes perusing the guarantee or undertaking and other relevant documents.

97. Procuring the issue and execution of commission of appraisement or of appraisement and sale3 0 0(3·00)

Note to item 97

This item includes drawing and filing any document required in connection with the issue and execution of the commission and any attendances so required.

98. Attending adverse solicitor to limit questions in dispute
on reference under Order 75, rule 412 10 0(2·50)
And for every half hour beyond the first1 0 0(1·00)
99. Negotiating agreement under Order 75, rule 35

1 10 0

to

5 0 0

(1·50)

to

(5·00)

Note to item 99

This item includes taking instructions in connection with the agreement, drawing and filing the agreement and any attendances required in connection with the negotiation, making and filing of the agreement.

100. Negotiating agreement with respect to amount of damages, interest or other sums payable by opposite partyDiscretionary Discretionary

Note to item 100

This item includes any attendances and other work done in connection with the calculation of, and in obtaining agreement as to, the amount payable.

8.  Order 66, rule 1, shall be amended as follows:—

(1) At the beginning before the word “Unless” there shall be inserted the figure “(1)”.

(2) After the words “8 inches wide” there shall be inserted the words “or A4 ISO”.

(3) At the end there shall be added the following paragraph:—

(2) In these rules the expressions “A3”, “A4” and “A5” followed by the letters “ISO” mean respectively the size of paper so referred to in the specifications of the International Standards Organisation.

9.  Order 66, rule 4(1), shall be revoked.

Hailsham of St. Marylebone, C

Parker of Waddington, C.J

Denning, M.R

J.E.S. Simon, P

Cyril Salmon, L.J

John Pennycuick, V-C

John R. Willis, J

Nigel Bridge, J

E.S. Fay

Oliver Lodge

W.O. Carter

Dated 30th July 1970

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