http://www.legislation.gov.uk/id/uksi/1992/638

http://www.legislation.gov.uk/uksi/1992/638/article/7/made

The Rules of the Supreme Court (Amendment) 1992

Listed buildings

Conservation areas

Courts of law

King's Printer of Acts of Parliament

2012-02-13

SUPREME COURT OF ENGLAND AND WALES

These Rules amend the Rules of the Supreme Court so as—pursuant to provisions of the Planning and Compensation Act 1991, to require leave to appeal to the High Court in some cases, to give the High Court and Court of Appeal powers to give certain directions in some such cases, pending the final determination of an appeal, and to enable injunctions to be granted in certain cases against persons whose identities are unknown to those applying for them (rules 2 to 4)—to alter references to provisions of the Town and Country Planning Act 1971 (c. 78) which have been replaced by provisions of the Town and Country Planning Act 1990 (c. 8) and the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (rule 3) —to allow summary judgment to be given in civil actions for fraud (rule 5) —to enable a cross-examination on a (Mareva) assets disclosure affidavit to be held before a master or examiner of the Court (rule 6) —to enable payments to receivers to be assessed by a taxing master with an appeal to a judge in chambers (rule 7) —o provide for appeals from masters on assessments of damages and related matters to lie to the Court of Appeal (rules 8 and 9) —to clarify the provisions as to penal notices on injunctions (rule10) —to allow taxing masters to exercise the power of the Court to require legal representatives personally to pay court fees, with an appeal to a judge in chambers (rule 11) —to increase the costs allowed to a litigant in person and the fixed costs recoverable under Appendix 3 to Order 62 (rules 12 and 13) —to provide for grants of representation to be endorsed where the Court exercises its power under section 50 of the Administration of Justice Act 1985 to appoint a substitute for, or to remove, a personal representative (rule 14) —to amend the form of judgment in Order 14 proceedings (Form No. 44) by removing the reference to “costs to be taxed” so that the making of the order for costs will normally be delayed until after the damages are assessed (rule 15) —to make some miscellaneous amendments removing obsolete provisions and making a minor correction (rules 16 to 20).

Payments to receivers7

For Order 30, rule 3, there shall be substituted the following—

Remuneration of receiver3
1
A person appointed receiver shall be allowed such proper remuneration, if any, as may be authorised by the Court.
2
The Court may direct that such remuneration shall be—
a
fixed by reference to such scales or rates of professional charges as it thinks fit; or
b
assessed by a taxing officer.
3
Where remuneration is assessed by a taxing officer pursuant to a direction under paragraph (2)(b), Order 62, rule 13 shall apply as it applies to an assessment by a master; and an appeal shall lie from the assessment to a judge in chambers under Order 58, rule 1 (where the assessment was by a taxing master) or rule 3 (where the assessment was by a district judge).
4
In this rule, “taxing officer” means a taxing master or a district judge.