Act of Sederunt (Taking of Evidence in the European Community) 2003

Amendment of the Summary Cause Rules

5.—(1) The Summary Cause Rules are amended in accordance with paragraphs (2) to (4).

(2) In rule 18.7 (letter of request)–

(a) in paragraph (1) for “This” substitute “Subject to paragraph (7), this”; and

(b) after paragraph (6), insert–

“(7) This rule does not apply to any request for the taking of evidence under Council Regulation (EC) No. 1206/2001 of 28th May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.”.

(3) After rule 18.7 (letter of request), insert–

“Taking of evidence in the European Community

18.7A.— (1) This rule applies to any request–

(a) for the competent court of another Member State to take evidence under Article 1.1(a) of the Council Regulation; or

(b) that the court shall take evidence directly in another Member State under Article 1.1(b) of the Council Regulation.

(2) An application for a request under paragraph (1) shall be made by minute in Form 25B, together with the proposed request in form A or I (as the case may be) in the Annex to the Council Regulation.

(3) In this rule, “the Council Regulation” means Council Regulation (EC) No. 1206/2001 of 28th May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.”.

(4) In Appendix 1–

(a) in Form 25, for “court or tribunal having power to obtain the evidence” substitute “central authority of the country or territory in which the evidence is to be obtained”;

(b) in Form 25a, in section 2 of Part A after “the” insert “requested state”; and

(c) after Form 25a, insert Form 25B in Schedule 2.