The Rules of the Supreme Court (Amendment No. 3) 1972

EXPLANATORY NOTE

In the first place, these Rules amend the Rules of the Supreme Court in consequence of the accession of the United Kingdom to the European Communities. Rule 8 adds to Order 71 a new Part II which prescribes the procedure for giving effect to Community judgments enforceable in the United Kingdom. Provision is made for the registration of such judgments, for notification to persons against whom they are given, and for applications to vary or cancel registration by reason of the judgment being satisfied and to register a European Court order suspending execution of a registered judgment. Rule 11 adds a new Order 114 which regulates the procedure relating to preliminary rulings under articles of the Treaties enabling, and in some cases requiring, courts to refer questions of the interpretation and validity of community law to the European Court for a preliminary ruling. A reference may be made by the High Court or Court of Appeal of its own motion or on application by a party. The order for a reference will be in new Form No. 109, which will set out the questions on which a preliminary ruling is sought and normally stay the proceedings pending that ruling (Rule 12). A copy of the order will be transmitted to the European Court but in the case of a High Court order this will not be done, unless otherwise ordered, until the time for appealing against it has expired or an appeal has been determined. An order for a reference is to be treated as a final decision but notice of appeal must be served within 14 days.

A number of other amendments are also made. Claims for exemplary damages and the facts relied upon are to be specifically pleaded (Rule 3). The time for accepting money paid into court in satisfaction of a claim is extended to 21 days (Rule 4) and, if the action has been set down for trial, a copy of the notice of acceptance must be lodged with the listing officer (Rule 5). In administration actions the rate of interest to be allowed on the deceased's debts (including funeral, testamentary or administration expenses) is to be the same as that on judgment debts, while the rate of interest on legacies is to be 5% per annum (Rule 6).

The time for beginning proceedings for the taxation of costs is extended to 3 months from the relevant judgment or order, although for taxations under the Solicitors Act 1957 it will remain 7 days. Unless otherwise directed, the bill of costs and supporting papers must be lodged when the proceedings are begun and a copy of the bill must be sent to every other party within 4 days. Minor procedural differences in taxations between the Supreme Court Taxing Office and the Family Division are eliminated (Rule 7(2) to (11)). A principal clerk of the Family Division will be able to tax the costs of any proceedings in that Division and of any related appeal within the limit of the authority conferred on him by the President of the Division (Rule 7(1)).

Every party to wardship proceedings is required to inform the court of his address, the whereabouts of the ward and any changes in these particulars. Directions of the court relating to wards may be enforced by the tipstaff (Rule 9). Provision is made for proceedings to amend the register of aircraft mortgages, which are to be assigned to the Chancery Division (Rule 10).