
1 

(1) These Rules may be cited as the 
Rules of the Supreme Court (Amendment No. 3) 1977.

(2) In these Rules an Order referred to by
number means the Order so numbered in the 
Rules of the Supreme Court 1965, as amended
(3) The 
Interpretation Act 1889 shall apply to the
interpretation of these Rules as it applies to the interpretation of an Act
of Parliament.
2 
For the title of 
Order 53 in the Arrangement of Orders at the
beginning of the Rules of the Supreme Court 1965
 there shall be substituted “Applications
for judicial review”.
3 
Order 15, 
rule 6A shall be amended as follows:—

(1) For paragraph
(3) there shall be substituted the following
paragraph:—“
(3) An action purporting
to have been commenced against a person shall be treated, if he was dead at
its commencement, as having been commenced against his estate in accordance
with paragraph (1),
whether or not a grant of probate or administration was made before its commencement”.

(2) In paragraph
(4)(a) the words “since the commencement
of the action” shall be omitted.
4 
Order 29
shall be amended as follows:—
(1) For the title of 
Part II there shall be substituted—“
II. INTERIM PAYMENTS IN ACTIONS FOR PERSONAL
INJURIES
”
(2) At the end there shall be added the following
Part:—“
III
18 

(1) Where in an action
in which there is a claim for possession of land it appears to the Court that,
in the event of a final judgment or order being given or made in favour of
the plaintiff, the defendant would be held liable to pay to the plaintiff
a sum of money in respect of the defendant's use and occupation of the land
during the pendently of the action, the Court may, on the application of the
plaintiff, and without prejudice to any contentions of the parties as to the
nature or character of the sum to be paid by the defendant, order the defendant
to make a payment (in this rule referred to as an 
“interim payment”) on account of that sum.
(2) No such order for an interim payment
shall be made unless it appears to the Court that, even if a final judgment
or order were given or made in favour of the defendant, he would still be
under an obligation to pay the plaintiff for his use and occupation of the
land, whether by way of rent, mesne profits or otherwise.
(3) An order under this rule may be for the
payment of—
(a) a sum not exceeding the amount which,
if a final judgment or order were given or made in favour of the defendant,
would be payable by him in respect of his use and occupation of the land up
to the date of the order, or
(b) periodical payments during the pendently
of the action, or
(c) a combination of both.
(4) Subject to 
Order 80, rule 12,
the amount of any interim payment ordered to be made shall be paid to the
plaintiff unless the order provides for it to be paid into court; and when
the amount is paid into court, the Court may, on the ex parte application
of the plaintiff, order the whole or any part of it to be paid out to him
at such time or times as the Court thinks fit.
19 

(1) Subject to 
paragraph (2), an application for an order
under rule 18
may be made—
(a) in an action begun by writ, by summons
issued at any time after a defence has been served or after the time for serving
a defence has expired;
(b) in an action begun by originating summons,
in the originating summons or by summons returnable on or after the first
hearing of the originating summons.
(2) A plaintiff who applies for summary judgment
under Order 14, 
rule 2, may include in his summons an application
for an order under rule 18
in the event of the defendant's being given leave to defend.
(3) An application for an order under 
rule 18 shall be supported by an affidavit,
which must—
(i) verify the material facts on which the
application is based;
(ii) state first the amount, expressed as
a sum of money or a periodic payment, which, (if a final judgment or order
were made or given in favour of the plaintiff), the defendant would, in the
belief of the deponent, be held liable to pay in respect of his use and occupation
of the land during the pendently of the action, and, secondly, whether the
liability arises by virtue of a lease or tenancy agreement or otherwise;
(iii) state that, in the belief of the deponent,
even if a final judgment or order were given or made in favour of the defendant,
he would still be under an obligation to pay the plaintiff for use and occupation
of the land during the pendently of the action;
(iv) state the amount claimed and how it
is calculated.
(4) The summons and a copy of the affidavit
in support must be served on the defendant against whom the order is sought
not less than 4 clear days (or, if the order is sought in a summons for summary
judgment under Order 14, 
10 clear days) before the return day.
(5) Notwithstanding the making or refusal
of an order for interim payment, a second or subsequent application may be
made upon cause shown.
(6) An order for an interim payment, may,
on the application of a party to the action, be varied or discharged by the
Court.
20 
On hearing an application under rule
19, whether or not the Court makes an order
for interim payment, the Court may give directions as to the further conduct
of the action, and, so far as may be applicable. 
Order 25, rules 2, 
6 and 7,
shall, with the omission of so much of rule 7(1)
 as requires the parties to serve a notice
specifying the orders and directions which they require and with any other
necessary modifications, apply as if the application were a summons for directions,
and, in particular, the Court may order an early trial of the action.
21 
A defendant who makes a counterclaim for possession of land may
apply for an order requiring the plaintiff to make an interim payment and
this Part of this Order shall apply accordingly with the necessary modifications.”
5 
The following Order shall be substituted for 
Order 53:—“
Order 53
1 

(1) An application for—
(a) an order of mandamus, prohibition or
certiorari, or
(b) an injunction under 
section 9 of the Administration of
Justice (Miscellaneous Provisions) Act 1938
restraining a person from acting in any office in which he is not entitled
to act,shall be made by way of an application for judicial review in accordance
with the provisions of this Order.
(2) An application for a declaration or an
injunction (not being an injunction mentioned in 
paragraph (1)(b)) may be made by way of an
application for judicial review, and on such an application the Court may
grant the declaration or injunction claimed if it considers that, having regard
to—
(a) the nature of the matters in respect
of which relief may be granted by way of an order of mandamus, prohibition
or certiorari,
(b) the nature of the persons and bodies
against whom relief may be granted by way of such an order, and
(c) all the circumstances of the case,it would be just and convenient for the declaration or injunction
to be granted on an application for judicial review.
2 
On an application for judicial review any relief mentioned in 
rule 1(1) or (2)
may be claimed as an alternative or in addition to any other relief so mentioned
if it arises out of or relates to or is connected with the same matter.
3 

(1) No application for judicial review shall
be made unless the leave of the Court has been obtained in accordance with
this rule.
(2) An application for leave must be made
ex parte to a Divisional Court of the Queen's Bench Division, except in vacation
when it may be made to a judge in chambers, and must be supported—
(a) by a statement, setting out the name
and description of the applicant, the relief sought and the grounds on which
it is sought, and
(b) by affidavit, to be filed before the
application is made, verifying the facts relied on.
(3) The applicant must give notice of the
application to the Crown Office not later than the day before the application
is made and must at the same time lodge in that Office copies of the statement
and every affidavit in support.
(4) Without prejudice to its powers under 
Order 20, rule 8,
the Court hearing an application for leave may allow the applicant's statement
to be amended, whether by specifying different or additional grounds or relief
or otherwise, on such terms, if any, as it thinks fit.
(5) The Court shall not grant leave unless
it considers that the applicant has a sufficient interest in the matter to
which the application relates.
(6) Where leave is sought to apply for an
order of certiorari to remove for the purpose of its being quashed any judgment,
order, conviction or other proceeding which is subject to appeal and a time
is limited for the bringing of the appeal, the Court may adjourn the application
for leave until the appeal is determined or the time for appealing has expired.

(7) If the Court grants leave, it may impose
such terms as to costs and as to giving security as it thinks fit.
(8) Where an application for leave is refused
by a judge in chambers, the applicant may make a fresh application to a Divisional
Court.
(9) An application to a Divisional Court
under paragraph (8)
must be made within 10 days after the judge's refusal to give leave or, if
a Divisional Court does not sit within that period, on the first day on which
it sits thereafter.
(10) Where leave to apply for judicial review
is granted, then—
(a) if the relief sought is an order of prohibition
or certiorari and the Court so directs, the grant shall operate as a stay
of the proceedings to which the application relates until the determination
of the applications or until the Court otherwise orders;
(b) if any other relief is sought, the Court
may at any time grant in the proceedings such interim relief as could be granted
in an action begun by writ.
4 

(1) Subject to the provisions of this rule,
where in any case the Court considers that there has been undue delay in making
an application for judicial review or, in a case to which 
paragraph (2) applies, the application for
leave under rule 3
is made after the relevant period has expired, the Court may refuse to grant—

(a) leave for the making of the application,
or
(b) any relief sought on the application,
if, in the opinion of the Court, the granting of the relief sought
would be likely to cause substantial hardship to, or substantially prejudice
the rights of, any person or would be detrimental to good administration.

(2) In the case of an application for an
order of certiorari to remove any judgment, order, conviction or other proceeding
for the purpose of quashing it, the relevant period for the purpose of 
paragraph (1) is three months after the date
of the proceeding.
(3) Paragraph
(1) is without prejudice to any statutory provision
which has the effect of limiting the time within which an application for
judicial review may be made.
5 

(1) Subject to 
paragraph (2), when leave has been granted
to make an application for judicial review, the application shall be made
by originating motion to a Divisional Court of the Queen's Bench Division,
except in vacation when it may be made by originating summons to a judge in
chambers.
(2) Where leave has been granted by a Divisional
Court and the Court so directs, the application may be made by motion to a
judge sitting in open court or, if so directed and without prejudice to 
Order 32, rule 13,
by originating summons to a judge in chambers.
(3) The notice of motion or summons must
be served on all persons directly affected and where it relates to any proceedings
in or before a court and the object of the application is either to compel
the court or an officer of the court to do any act in relation to the proceedings
or to quash them or any order made therein, the notice or summons must also
be served on the clerk or registrar of the court and, where any objection
to the conduct of the judge is to be made, on the judge.
(4) Unless the Court granting leave has otherwise
directed, there must be at least 10 days between the service of the notice
of motion or summons and the day named therein for the hearing.
(5) A motion must be entered for hearing
within 14 days after the grant of leave.
(6) An affidavit giving the names and addresses
of, and the places and dates of service on, all persons who have been served
with the notice of motion or summons must be filed before the motion or summons
is entered for hearing and, if any person who ought to be served under this
rule has not been served, the affidavit must state that fact and the reason
for it; and the affidavit shall be before the Court on the hearing of the
motion or summons.
(7) If on the hearing of the motion or summons
the Court is of opinion that any person who ought, whether under this rule
or otherwise, to have been served has not been served, the Court may adjourn
the hearing on such terms (if any) as it may direct in order that the notice
or summons may be served on that person.
6 

(1) Copies of the statement in support of
an application for leave under rule 3
must be served with the notice of motion or summons and, subject to 
paragraph (2), no grounds shall be relied upon
or any relief sought at the hearing except the grounds and relief set out
in the statement.
(2) The Court may on the hearing of the motion
or summons allow the applicant to amend his statement, whether by specifying
different or additional grounds or relief or otherwise, on such terms, if
any, as it thinks fit and may allow further affidavits to be used if they
deal with new matters arising out of an affidavit of any other party to the
application.
(3) Where the applicant intends to ask to
be allowed to amend his statement or to use further affidavits, he shall give
notice of his intention and of any proposed amendment to every other party.

(4) Each party to the application must supply
to every other party on demand and on payment of the proper charges copies
of every affidavit which he proposes to use at the hearing, including, in
the case of the applicant, the affidavit in support of the application for
leave under rule 3.

7 

(1) On an application for judicial review
the Court may, subject to paragraph (2),
award damages to the applicant if—
(a) he has included in the statement in support
of his application for leave under rule 3
a claim for damages arising from any matter to which the application relates,
and
(b) the Court is satisfied that, if the claim
had been made in an action begun by the applicant at the time of making his
application, he could have been awarded damages.
(2) Order 18
, rule 12,
shall apply to a statement relating to a claim for damages as it applies to
a pleading.
8 

(1) Unless the Court otherwise directs, any
interlocutory application in proceedings on an application for judicial review
may be made to any judge or a master of the Queen's Bench Division, notwithstanding
that the application for judicial review has been made by motion and is to
be heard by a Divisional Court.In this paragraph “interlocutory
application” includes an application
for an order under Order 24
or 26 or Order 38
, rule 2(3),
or for an order dismissing the proceedings by consent of the parties.
(2) In relation to an order made by a master
pursuant to paragraph (1), 
Order 58, rule 1,
shall, where the application for judicial review is to be heard by a Divisional
Court, have effect as if a reference to that Court were substituted for the
reference to a judge in chambers.
(3) This rule is without prejudice to any
statutory provision or rule of law restricting the making of an order against
the Crown.
9 

(1) On the hearing of any motion or summons
under rule 5,
any person who desires to be heard in opposition to the motion or summons,
and appears to the Court to be a proper person to be heard, shall be heard,
notwithstanding that he has not been served with notice of the motion or the
summons.
(2) Where the relief sought is or includes
an order of certiorari to remove any proceedings for the purpose of quashing
them, the applicant may not question the validity of any order, warrant, commitment,
conviction, inquisition or record unless before the hearing of the motion
or summons he has lodged in the Crown Office a copy thereof verified by affidavit
or accounts for his failure to do so to the satisfaction of the Court hearing
the motion or summons.
(3) Where an order of certiorari is made
in any such case as is referred to in paragraph
(2), the order shall, subject to 
paragraph (4), direct that the proceedings
shall be quashed forthwith on their removal into the Queen's Bench Division.

(4) Where the relief sought is an order of
certiorari and the Court is satisfied that there are grounds for quashing
the decision to which the application relates, the Court may, in addition
to quashing it, remit the matter to the court, tribunal or authority concerned
with a direction to reconsider it and reach a decision in accordance with
the findings of the Court.
(5) Where the relief sought is a declaration,
an injunction or damages and the Court considers that it should not be granted
on an application for judicial review but might have been granted if it had
been sought in an action begun by writ by the applicant at the time of making
his application, the Court may, instead of refusing the application, order
the proceedings to continue as if they had been begun by writ; and 
Order 28, rule 8,
shall apply as if, in the case of an application made by motion, it had been
made by summons.
10 
No action or proceeding shall be begun or prosecuted against any
person in respect of anything done in obedience to an order of mandamus.
11 

(1) Proceedings under 
section 92 of the Local Government
Act 1972 must be begun by originating motion
to a Divisional Court of the Queen's Bench Division, except in vacation when
they may be begun by originating summons to a judge in chambers and, unless
otherwise directed, there must be at least 10 days between the service of
the notice of motion or summons and the day named therein for the hearing.

(2) Without prejudice to 
Order 7, rule 3,
and Order 8, rule
3, the notice of motion or summons must set
out the name and description of the applicant, the relief sought and the grounds
on which it is sought, and must be supported by affidavit verifying the facts
relied on.
(3) Copies of every supporting affidavit
must be lodged in the Crown Office before the motion is entered for hearing
or the summons is issued and must be supplied to any other party on demand
and on payment of the proper charges.
(4) The provisions of 
rules 5, 6 and 
9(1) as to the persons on whom the notice or
summons is to be served and as to the proceedings at the hearing shall apply,
with the necessary modifications, to proceedings under the said 
section-92 as they apply to an application
for judicial review.
12 
Where there is more than one application pending under 
section 9 of the Administration of
Justice (Miscellaneous Provisions) Act 1938,
or section 92 of the 
Local Government Act 1972, against several
persons in respect of the same office, and on the same grounds, the Court
may order the applications to be consolidated.
13 

(1) Subject to 
section 31(3) of the Act (which provides for
appeals to the Court of Appeal in matters of practice and procedure), no appeal
shall lie from an order of a judge in chambers granting or refusing an application
for leave under rule 3
or an application for judicial review.
(2) An application may be made to a Divisional
Court of the Queen's Bench Division to set aside or discharge any such order
and to substitute such order as ought to have been made:Provided that, in the case of an order made with the consent
of the parties or as to costs only which by law are left to the discretion
of the judge, no such application shall be made without the leave of the judge
making the order.
(3) An application to a Divisional Court
under this rule must be made by motion within 10 days after the date on which
a copy of the judge's order was filed in the Crown Office or, if a Divisional
Court does not sit within that period, on the first day on which it sits thereafter.

14 
In relation to the hearing by a judge of an application for leave
under rule 3 or
of an application for judicial review, any reference in this Order to “the Court” 
shall, unless the context otherwise requires, be construed as a reference
to the judge.”
6 
For Order 55, 
rule 2, there shall be substituted the following
rule:—“
2 
Except where it is otherwise provided by these rules or by or under
any enactment, an appeal to which this Order applies shall be assigned to
the Queen's Bench Division and shall be heard and determined—
(a) where the decision of the High Court
on the appeal is final, by a Divisional Court, and
(b) in any other case, by a single judge.”
7 
In Order 56, 
rule 7(1), for the words “shall
be exercised” to the end there shall be substituted the words 
“shall be exercised by a single judge of the Queen's Bench Division,
except where it is otherwise provided by these rules or by or under any enactment.”

8 
Order 71
shall be amended as follows:—
(1) In rule
3, paragraph (2)
shall be omitted and paragraphs (3)
and (4) shall be re-numbered
as paragraphs (2) and 
(3) respectively.
(2) Rule 13
, shall be amended as follows:—
(a) In paragraph
(1), for the words “to a master
on affidavit”, there shall be substituted the words 
“on affidavit to a master or, in the case of a judgment given in a cause
or matter proceeding in the Family Division, to a registrar of that Division.”

(b) In paragraph
(3)(b), for the words “or originating
summons” there shall be substituted the words “originating
summons or other process”.
(c) In paragraphs
(4) and (5),
after the words “a master”, wherever they appear,
there shall be inserted the words “or, where appropriate, a registrar”
.
(d) In paragraph
(5)—
(i) for the words “or originating
summons”, there shall be substituted the words “originating
summons or other process”;
(ii) after the word “summons”
 in sub-paragraph (a),
there shall be inserted the words “or other process”.

(3) In rule
18(2), the word “and”
shall be omitted at the end of sub-paragraph
(b) and inserted at the end of 
sub-paragraph (a), and sub-paragraph
(c) shall be omitted.
9 
Order 73
shall be amended as follows:—
(1) In rule
3(1), after the words “Arbitration
Act 1950”, there shall be inserted the words “and
the jurisdiction of the High Court under the 
Arbitration Act 1975”.
(2) In rule
9(2) the words “and (2)”
 shall be omitted.
10 
In Order 88, 
rule 6(3)(b), for the word “repayments”
 there shall be substituted the words “periodic payments
required to be made”.
11 
Order 91
shall be amended as follows:—
(1) For rule
1 there shall be substituted the following
rule:—“
1 
The following proceedings, namely—
(a) any case stated for the opinion of the
High Court under section 13
of the Stamp Act 1891, 
section 56 of the Taxes Management
Act 1970 or 
paragraph 10 of Schedule 4 to the 
Finance Act 1975;
(b) any appeal to the High Court under 
section 53 or 100
of the Taxes Management Act 1970
or paragraph 7(3), 
32(3) or 35(2) of Schedule 4
to the Finance Act 1975
or any application for leave to appeal under the said 
paragraph 7(3); and
(c) proceedings to which the provisions of 
section 56 of the Taxes Management
Act 1970 apply under any enactment or regulation,

shall be assigned to the Chancery Division and heard and
determined by a single judge.”
(2) In rule
2(2)(b), after the words “out
of time”, there shall be inserted the words “and,
if they have, the date on which it was given.”
(3) In rule
2(4), for the words “mentioned
in paragraph 2(b)”
, there shall be substituted the words “on which the
appellant gave to the Board notice of appeal under 
paragraph 7(1) of the said Schedule or, if
the Board or the Special Commissioners have given consent to the appeal being
brought out of time, within 30 days of the date on which such consent was
given.”
12 
In Order 94, 
rule 9A shall be revoked and 
rule 12 shall be amended as follows:—

(1) For the title there shall be substituted
the following title:—“
Proceedings under 
section 246 or 247
of the Town and Country Planning Act 1971
”
(2) For the references to 
sections 180(1) and 181
of the Town and Country Planning Act 1962,
wherever they appear, there shall be substituted references to 
sections 246(1) and 247
respectively of the Town and Country Planning Act 1971
.
(3) After paragraph
(2) there shall be inserted the following paragraph:—
“
(2A) Any appeal under 
section 246(1) or 247
and any case stated under section 246(2)
of the said Act shall be heard and determined by a Divisional Court.”
(4) In paragraph
(3), the words “or under 
section 180(2) of the said Act”
and, in sub-paragraph (c),
the words “or under” and “or (2)”
 shall be omitted.
13 

(1) These Rules, except 
rule 3, shall come into operation on 11th January
1978.
(2) Rule 3
shall come into operation on the day appointed for the coming into force of section 27 of the 
Administration of Justice Act 1977.
Elwyn-Jones, C
Widgery, C.J
Denning, M.R
George Baker, P
R.E. Megarry, V-C
Eustace Roskill, L.J
Ralph Cusack, J
Hilary Talbot, J
J. Maurice Price
John Toulmin
H. Montgomery-Campbell
Harold Hewitt
Dated 21st November 1977