http://www.legislation.gov.uk/uksi/1979/1716/article/36/made

The Rules of the Supreme Court (Writ and Appearance) 1979

Westlaw

King's Printer of Acts of Parliament

2011-05-19

SUPREME COURT OF JUDICATURE, ENGLAND AND WALES;PROCEDURE

These Rules amend the Rules of the Supreme Court mainly by prescribing new forms of writ of summons (rules 4(1), 32, 49(1), 50(1) and (2)) and replacing the entry of appearance by acknowledgement of service (rules 9 etc.). There will be a combined form of writ in place of the various forms now used in the Central Office and district registries and revised forms of writ in Admiralty actions in rem and limitation actions. The new forms will call upon the defendant to acknowledge service of the writ on an accompanying form and generally to say in the form whether or not he intends to contest the proceedings. An acknowledgment indicating an intention to contest the proceedings is called a “notice of intention to defend” (rule 2(1)). If the defendant fails to return the acknowledgment within the time prescribed or if he returns it without stating an intention to contest the proceedings, the plaintiff will be able to enter judgment immediately (rules 15 to 17). A number of related changes are also made:— The defendant must be served with a sealed instead of a plain copy of the writ (rule 6).The form of acknowledgment will have to be returned to the court office out of which the writ was issued (rule 9). Except in the case of the Crown (rule 44), the defendant in a district registry action will no longer have the right, where he is outside the district of the registry and the cause of action did not arise there, to remove the proceedings to London by acknowledging service in the Central Office. He may, however, ask in his acknowledgment of service for the proceedings to be transferred to London or to some other district registry and the proceedings will be transferred accordingly unless the plaintiff objects within a limited time (rule 3(2)).If a defendant states in his acknowledgment of service that he does not intend to contest the proceedings but he does intend to apply for a stay of execution of any judgment obtained against him for a debt or liquidated demand, execution of the judgment by writ of fi. fa. will be automatically stayed for 14 days to enable him to make his formal application (rule 19).The defendant will be required to acknowledge service in every action commenced by originating summons except proceedings under Order 113 (rules 14 and 47), but in cases in which no appearance has hitherto been required the originating summons will be in a special (“expedited”) form making provision for a date of hearing to be inserted (rules 5, 49(3) and (4)).Special provision is made to enable a defendant to challenge the jurisdiction of the Court. If he gives notice of intention to defend and applies within 14 days to have the proceedings set aside or for such other relief as he desires, he will not be treated as having submitted to the jurisdiction of the Court even if the application fails (rule 13).A body corporate will be able to acknowledge service (and give notice of intention to defend) by a person duly authorised on its behalf instead of a solicitor (rule 9)).In Admiralty actions in rem and limitation actions a defendant will be able to acknowledge the issue, instead of service, of the writ where the writ has not been served on him but he wishes to take part in the proceedings (rules 32(4) and 50(3)).Service of a writ in rem by the Admiralty marshal or his substitute may be proved by an indorsement made by him on the writ (rule 34).Other rules and forms mentioning the entry of appearance are adapted to the new procedure for acknowledging service.