(This note does not form part of the Act of Sederunt)

This Act of Sederunt inserts a new Chapter (Chapter 40) into the Ordinary Cause Rules 1993 (S.I. 1993/1956) (“the Rules”) to make provision for a new category of actions (commercial actions) (paragraph 2(5)). The rules comprising the new Chapter 40 provide as follows:–

  • rule 40.1 defines a commercial action;

  • rule 40.2 provides for who may hear a commercial action;

  • rules 40.3-40.6 and 40.13-40.17 provide for various matters of procedure in commercial actions;

  • rules 40.7-40.9 provide for certain aspects of pleading in commercial actions;

  • rule 40.10 and 40.12 provide for a Case Management Conference, which will be held in place of an Options Hearing in commercial actions; and

  • rule 40.11 specifies the period of notice for applications for summary decree in commercial actions as 48 hours.

In addition, the Act of Sederunt makes the following consequential amendments to existing chapters of the Rules–

(a)

replaces rule 3.1(1) in Chapter 3 (commencement of causes) with a new provision requiring commercial actions to be brought in new Form G1A (paragraph 2(2)); and

(b)

disapplies–

(i)

Chapter 9 (standard procedure in defended cases) (paragraph 2(3)); and

(ii)

Chapter 16 (decrees by default) (paragraph 2(4)),

from commercial actions.

Separately, it makes a minor amendment to Rule 16.1 to replace the word “rule” with the word “Chapter” (paragraph 2(4)(a)).

The Act of Sederunt also inserts new Form G1A into Appendix 1 to the Rules (paragraph 2(6) and the Schedule).