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The Rules of the Supreme Court (Amendment No. 2) 1975

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18.  Order 103 shall be amended as follows:—

(1) Rule 1 shall stand as paragraph (1) of that rule and at the end there shall be added the following paragraph:—

(2) References in this Order to an order under section 24 of the Act include references to an order under that section on an application made by virtue of section 25 of the Act..

(2) In rule 3(1) for the words from “once in a newspaper” to the end there shall be substituted the words “and once in a newspaper circulating throughout the United Kingdom”.

(3) In rule 3(2) for the words “the two next following” there shall be substituted the words “two successive”.

(4) In rule 3(3)—

(a)for sub-paragraph (a) there shall be substituted the following sub-paragraphs:—

(a)the section of the Act under which the petition is to be presented;

(b)the object of the petition;

(c)the number, the name of the grantee and of the patentee, if different, and the title of the patent in question;;

(b)sub-paragraphs (b), (c) and (d) shall stand as sub-paragraphs (d), (e) and (f) respectively, and in sub-paragraph (e) as so re-lettered for the words “14 days” there shall be substituted the words “7 days”.

(5) In rule 4—

(a)for paragraph (1) there shall be substituted the following paragraph:—

(1) A petition under section 23 of the Act must be presented after the publication of all the advertisements required by rule 3 but within 8 weeks from the date on which the first of those advertisements is published.;

(b)for paragraph (6) there shall be substituted the following paragraph:—

(6) At the time when the petition is presented the petitioner must serve on the Treasury Solicitor 3 copies of the petition and of every affidavit accompanying it under paragraph (5).

(6) In rule 5(1) for the words “14 days” there shall be substituted the words “7 days”, and for the words “the solicitor to the Board of Trade” there shall be substituted the words “3 copies on the Treasury Solicitor”.

(7) In rule 6(1)—

(a)sub-paragraph (a) shall be omitted and sub-paragraphs (b), (c) and (d) shall stand as sub-paragraphs (a), (b) and (c) respectively;

(b)in sub-paragraph (a) as so re-lettered for the words “lodge in the said Office two copies of” there shall be substituted the word “serve”;

(c)in sub-paragraph (b) as so re-lettered after the words “in which the evidence” there shall be inserted the words “(including any accounts of expenditure and receipts relating to the petition)”.

(8) In rule 7—

(a)for paragraphs (1) to (3) there shall be substituted the following paragraphs:—

(1) Where directions are given under rule 6(1)(a) for the service of particulars of objections to a petition under section 23 of the Act, the person opposing the petition must serve one copy of the particulars on the petitioner and 3 copies on the Treasury Solicitor.

(2) The petitioner and every person by whom notice has been served under rule 5(1) shall serve on the Treasury Solicitor 3 copies of any affidavit, and as far as practicable any exhibits thereto on which he intends to rely at the hearing of the petition.

(3) On receiving notice in that behalf, the petitioner must give to the Treasury Solicitor or a person deputed by him for the purpose reasonable facilities for inspecting and taking extracts from the books of account by which the petitioner proposes to verify the accounts mentioned in rule 6(1)(b) or from which those accounts have been derived.

(4) Subject to rule 14, a person who fails to comply with paragraph (1) or the directions referred to therein shall be deemed to have abandoned his opposition to the petition.;

(b)paragraph (4) shall stand as paragraph (5) and paragraph (5) shall be omitted.

(9) In rule 8(1)—

(a)for the words “14 days” there shall be substituted the words “7 days”;

(b)for the words “solicitor to the Board of Trade” there shall be substituted the words “Treasury Solicitor”;

(c)after the words “Chancery Registrars' Office” there shall be added the words “together with a bundle consisting of one copy of each of the documents to be used at the hearing arranged in the proper chronological order on numbered pages”.

(10) In rule 9(1) the words from “and to such” to the end shall be omitted.

(11) In rule 10(1) the words from “or such” to “section 25 of the Act” shall be omitted and for the words “solicitor to the Board of Trade” there shall be substituted the words “Treasury Solicitor”.

(12) In rule 10(2) for the words from “and serve” to the end there shall be substituted the words “an affidavit of the facts on which the plaintiff relies, and serve 3 copies on the Treasury Solicitor”.

(13) In rule 11(3)—

(a)for sub-paragraph (a) there shall be substituted the following sub-paragraphs:—

(a)the section of the Act under which the originating summons has been issued;

(b)the object of the originating summons;

(c)the number, the name of the grantee and of the patentee, if different, and the title of the patent in question;;

(b)sub-paragraphs (b), (c) and (d) shall stand as sub-paragraphs (d), (e) and (f) respectively.

(14) In rule 11(4) for the words “the two next following” there shall be substituted the words “two successive”.

(15) In rule 12(1) for the words “the solicitor to the Board of Trade” there shall be substituted the words “3 copies on the Treasury Solicitor”.

(16) In rule 16—

(a)in paragraph (1) the words from “or an application” to “thereof” shall be omitted;

(b)in paragraphs (2) and (5) for the words “solicitor to the Board of Trade”, in each place where they appear, there shall be substituted the words “Treasury Solicitor”;

(c)in paragraph (2), for the words “two copies” there shall be substituted the words “3 copies”.

(17) The following paragraph shall be inserted in rule 26 after paragraph (3):—

(3A) Order 38, rule 36, shall not apply to an action or proceedings in which a summons for directions is required to be taken out under this rule and, without prejudice to its powers under paragraph (2), the court hearing the summons may exercise the powers conferred by Order 38, rule 38, as if the summons were an application under the said rule 36.

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