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The Rules of the Supreme Court (Amendment No. 2) 1977

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EXPLANATORY NOTE

These Rules amend the Rules of the Supreme Court so as to—

(i) provide for the appointment of the Official Solicitor as a representative of a deceased's estate under Order 15, rule 6A, to be limited to accepting service of the writ or originating summons, unless he consents to do more (rule 2);

(ii) raise from £150 to £350 the amount below which a writ may not authorise the sheriff to levy fees, poundage or other costs of execution (rule 3), and amend the fixed costs allowable on recovery of a liquidated sum without trial (rule 4), in consequence of the County Courts Jurisdiction Order 1977 (S.I. 1977/600);

(iii) provide that an application for an order restoring the name of a defunct company to the register may be made by originating summons instead of petition, unless joined with an application for winding up (rule 5);

(iv) simplify and expedite the summary procedure under Order 113 for the recovery of land against trespassers, principally by substituting for the requirement to take reasonable steps to identify the occupiers an obligation to name those who are known to the plaintiff (rules 6 and 7).

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