The Rules of the Supreme Court (Amendment) 1996

Explanatory Note

(This note is not part of the Rules)

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

(a) to make it clear that the requirements to be satisfied where service is to be effected out of the jurisdiction in a case where there are several defendants some of whom are abroad, apply according to the claim made against each defendant so that, service out of the jurisdiction may be effected on one defendant without leave provided each claim against him satisfies the requirements irrespective of whether the claims against the other defendants satisfy those requirements (rules 2 and 3);

(b) to clarify the rules regarding the period of validity of original and concurrent writs (rule 4);

(c) to allow an interim payment to be made where the plaintiff’s liability would be met by an insurer under the MIB agreement (rule 5);

(d) to provide an expedited procedure to enable sheriffs executing a writ of fi.fa. to obtain a court ruling as to whether goods are exempt from execution as tools of trade or “necessaries”(rules 6 to 9);

(e) to clarify the rules regarding the assessment of costs of a receiver (rule 10);

(f) to prescribe a time limit for delivery to the opposing parties to a taxation of a copy of objections (rule 11);

(g) to add to Order 100 references to Regulations made under the Olympic Symbol etc (Protection) Act 1995 (1995 c. 32) and to make a minor amendment to Order 104 (rules 12 to 15);

(h) to remove the provision which requires court offices to close on Christmas Eve (rule 16);

(i) to substitute new forms of acknowledgement of service (rule 17);

(j) to replace references to statutes which have been repealed (rules 18 to 20).