
1 

(1) These Rules may be cited as the Rules
of the Supreme Court (Amendment No. 3) 1982
and shall come into operation on 1st January 1983,
except for rules 6 to
8, which shall come
into operation on 1st April 1983, and Rule 22,
which shall come into operation when section
2 of the Matrimonial Homes and
Property Act 1981 is
brought into force.
(2) In these Rules an Order referred to by
number means the Order so numbered in the Rules
of the Supreme Court 1965
2 
Order 1, rule 4(1) shall be amended by
substituting, in the definition of “official
referee”, for the words “Circuit
judge” the word “person”.
3 
Order 3, rule 3 shall be amended by
substituting, for the words in the title “Long Vacation”, the words “Month of August”,
and, for the words “period
of the Long Vacation”, the words “month of August”.
4 
Order 18, rule 5 shall be amended by
inserting after the word “Pleadings” the words “or amended
pleadings” and by substituting, for
the words “Long Vacation”, the words “month
of August”.
5 
Order 20, rule 6 shall be revoked.
6 
Order 13, rule 1(2) shall be amended by
substituting, for the words from “the claim is for interest accruing”
to the end, the words “the
claim is for interest under section 35A of the
Act at a rate which is not higher than that payable
on judgment debts at the date of the writ.”.
7 
Order 18, rule 8 shall be amended by
inserting, after paragraph
(3), the following
new paragraph:—“
(4) A party must plead specifically any claim
for interest under section
35A of the Act or otherwise.”.
8 
Order 22, rule 1(8) shall be amended by
substituting, for the words “section 3 of the Law Reform (Miscellaneous Provisions) Act 1934”, the words “section 35A of the
Act”.
9 
Order 20
shall be amended by inserting, after rule 11,
the following new rule:—“
12 

(1) Notwithstanding
the foregoing provisions of this Order any pleading
in a cause or matter in the Chancery Division may,
by written agreement between the parties, be amended
at any stage of the proceedings.
(2) This rule shall
not have effect in relation to an amendment to a counterclaim
which consists of the addition omission or substitution
of a party.”.
10 
Order 21, rule 2 shall be amended as
follows:—
(1) There shall be inserted in paragraph (2),
after the words “a defendant”, the words “to an
action begun by writ”.
(2) There shall be inserted in paragraph (3),
after the words “to an action”, the words “begun
by writ”.
(3) There shall be inserted after paragraph
(3) the following new
paragraphs:—“
(3A) The plaintiff in an action begun by originating
summons may, without the leave of the Court, discontinue
the action or withdraw any particular question or
claim in the originating summons, as against any or
all of the defendants at any time not later than 14
days after service on him of the defendant's affidavit
evidence filed pursuant to Order 28, rule 1A(2) or, if there
are two or more defendants, of such evidence last
served, by serving a notice to that effect on the
defendant concerned.

(3B) When
there are two or more defendants to an action begun
by originating summons not all of whom serve affidavit
evidence on the plaintiff, and the period fixed by
or under these rules for service by any of those defendants
of his affidavit evidence expires after the latest
date on which any other defendant serves his affidavit
evidence, paragraph (3A) shall have effect
as if the reference therein to the service of the
affidavit evidence last served were a reference to
the expiration of that period.”.
11 
Order 28
shall be amended by inserting, after rule 1,
the following new rule:—“
1A 

(1) In any cause
or matter begun by originating summons (not being
an ex parte summons) the plantiff must, before the
expiration of 14 days after the defendant has acknowledged
service, or, if there are two or more defendants,
at least one of them has acknowledged service, file
with the office of the Court out of which the summons
was issued the affidavit evidence on which he intends
to rely.
(2) In the case of
an ex parte summons the applicant must file his affidavit
evidence not less than 4 clear days before the day
fixed for the hearing.
(3) Copies of the
affidavit evidence filed in Court under paragraph (1) must
be served by the plaintiff on the defendant, or, if
there are two or more defendants, on each defendant,
before the expiration of 14 days after service has
been acknowledged by that defendant.
(4) Where a defendant
who has acknowledged service wishes to adduce affidavit
evidence he must within 28 days after service on him
of copies of the plaintiff's affidavit evidence under paragraph (3) file
his own affidavit evidence in the office of the Court
out of which the summons is issued and serve copies
thereof on the plaintiff and on any other defendant
who is affected thereby.
(5) A plaintiff on
whom a copy of a defendant's affidavit evidence has
been served under paragraph
(4) may within 14 days
of such service file in Court further affidavit evidence
in reply and shall in that event serve copies thereof
on that defendant.
(6) No other affidavit
shall be received in evidence without the leave of
the Court.
(7) Where an affidavit
is required to be served by one party on another party
it shall be served without prior charge.
(8) The provisions
of this rule apply subject to any direction by the
Court to the contrary.
(9) In this rule
references to affidavits and copies of affidavits
include references to exhibits to affidavits and copies
of such exhibits.”.
12 
Order 28, rule 2 shall be amended as
follows:—
(1) In paragraph
(1) there shall be
substituted, for the words from “Where, in the case” to “the plaintiff may”,
the words “In the case of an
originating summons which is in Form No. 8 in Appendix A the plaintiff
must, within one month of the expiry of the time within
which copies of affidavit evidence may be served under rule 1A,”.
(2) Paragraph
(2) shall be amended
by substituting a comma for the stop at the end and
inserting the words “and the
time limits for lodging affidavits under rule 1A(2) and (3) shall, where appropriate,
be abridged so as to expire, respectively, on the
fifth day before, and the next day but one before,
the day so fixed.”.
13 
Order 28, rule 3 shall be amended by
substituting, for the title, the title “Notice of hearing” and by omitting paragraphs
(3) and (4).
14 
Order 28, rule 4(2) shall be amended by
substituting, for the words from “Unless on the” to “altogether or orders”, the words “In any case where the Court does
not dispose of any originating summons altogether
at a hearing or order”, and by substituting
for the word “makes” the word “make”.
15 
Order 62, rule 10(1) shall be amended by
inserting, after the words “particular
claim made”, the words “or question raised” and by inserting,
after the words “by him therein”, the word “as”.
16 
Order 25
shall be amended as follows:—
(1) In rule 1(2) there shall be omitted,
after item (h), the comma and the word “and”; there shall be substituted,
for the full stop at the end of item (j), a semicolon;
and there shall be inserted immediately thereafter
a new item, namely “(k) actions
in the Chancery Division in which the parties agree
under rule 9
that the only matters to be determined are the mode
of trial and time for setting down.”.
(2) After rule 1(6) there shall be inserted
the following new paragraph:—“
(7) Notwithstanding anything in paragraph (1), any
party to an action to which this rule applies may
take out a summons for directions at any time after
the defendant has given notice of intention to defend,
or, if there are two or more defendants, at least
one of them has given such notice.”.
(3) Rule 8(1)(e) shall be amended by
substituting, for the words “in
London, if the action is proceeding”
to the end, the words “at the
trial centre for the place in which the action is
proceeding or at such other trial centre as the parties
may in writing agree”.
(4) Rule 8(3) shall be amended by
inserting, after the words “be
appropriate”, the words “or prevent the making of an order for the transfer
of the proceedings to a county court”.
(5) There shall be inserted, after rule 8, the following new
rule:—“
9 

(1) Subject to paragraphs (2) and (3), where in any action
in the Chancery Division the parties agree, not more
than one month after the pleadings are deemed to be
closed, that the only directions required are as to
the mode of trial and the time for setting down, the
provisions of rule 8(1)(e) and (g)
shall apply and the action shall be tried by a judge
alone and shall be set down within six months.
(2) In a case where
the trial centre for the purpose of rule 8(1)(e) is Birmingham,
Bristol or Cardiff the plaintiff or other party having
the conduct of the action shall forthwith lodge in
Chancery Chambers or, if the case is proceeding in
a district registry, that registry, one copy of the
pleadings in the action, and the provisions of rule 8(1)(e) shall
have effect subject to any direction of the Court
given under paragraph
(3).
(3) The Court may
give such further directions or orders, whether on
application by a party or its own motion, as may,
in the circumstances, be appropriate.”.
17 
Order 43, rule 1 shall be amended as
follows:—
(1) After paragraph
(1) there shall be
inserted the following new paragraph:—“
(1A) A defendant to an action begun by writ
who has served a counterclaim, which includes a claim
for an account or a claim which necessarily involves
taking an account, on—
(a) the plaintiff,
or
(b) any other party,
or
(c) any person who
becomes a party by virtue of such servicemay apply for an order under this rule.”.
(2) In paragraph
(3) the words “by the defendant by affidavit or
otherwise” shall be omitted.
18 
Order 56, rule 1(4) shall be amended by
substituting, for the words from “6 months” to “was stated”, the words “10 days from the receipt by the appellant
of the case”.
19 
Order 72
shall be amended as follows:—
(1) In Rule 2(3) there shall be substituted,
for the words from “before
final judgment” to the end, the words “in such an action (including any
appeal from any judgment, order or decision of a master
or registrar, given or made prior to transfer of the
action to the commercial list), be exercisable by
the judge.”.
(2) In Rule 5(1) there shall be omitted
the words “before trial”.
(3) In Rule 5(3) there shall be substituted,
for the words “on the hearing
of any summons”, the words “at any stage of the proceedings”,
and, for the words from “adjourn
the summons” to “and
treated”, the words “adjourn any hearing so that it can proceed
before the judge and be treated”.
20 
Order 76, rule 1(1) shall be amended by
inserting, after the words “probate
causes and matters,”, the words “including applications for the rectification
of a will,”.
21 
Order 76
shall be further amended by adding, after rule 15, the following new
rule:—“
16 

(1) Where an application
is made for the rectification of a will, and the grant
has not been lodged in court, rule 4 shall apply,
with the necessary modifications, as if the proceedings
were a probate action.
(2) A copy of every
order made for the rectification of a will shall be
sent to the principal registry of the Family Division
for filing, and a memorandum of the order shall be
endorsed on, or permanently annexed to, the grant
under which the estate is administered.”
22 
In Order 88, rule 5, the following paragraph
shall be substituted for paragraph
(4):—“
(4) Where the plaintiff claims delivery of
possession the affidavit must—
(a) give particulars
of every person who to the best of the plaintiff's
knowledge is in possession of the mortgaged property;
and
(b) state, in the
case of a dwelling house, whether—
(i) a land charge
of Class F has been registered, or a notice or caution
pursuant to section 2(7) of the Matrimonial Homes Act 1967
has been entered, and, if so, on whose behalf; and
(ii) he has served
notice of the proceedings on the person on whose behalf
the land charge is registered or the notice or caution
entered.”.
23 
Order 92, rule 5(3) shall be amended by
substituting for the figure “£1500” the figure “£5000”.
24 
Order 108, rule 2 shall be amended by omitting the words from “and, subject to rules 3 and 4” to the end.
25 
Order 108, rule 3(2) shall be amended by omitting the words “under the said section 18(11) or” and the words “of a certificate or, as the case may be,”.
Hailsham of St. Marylebone, C
Lane, C.J
Donaldson, M.R
John Arnold, P
R. E. Megarry, V-C
Oliver, L.J
Lloyd, J
Mark Potter
John G. McK. Laws
P. F. Carter-Ruck
R. J. Pannone
Dated 29th November 1982