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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Rules of the Supreme Court (Amendment) 1983 No. 531 (L. 10) URL: http://www.bailii.org/uk/legis/num_reg/1983/uksi_1983531_en.html |
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Statutory Instruments
SUPREME COURT OF ENGLAND AND WALES
Made
30th March 1983
Laid before Parliament
8th April 1983
Coming into Operation
1st May 1983
We, the Supreme Court Rule Committee, having power under section 84 of the Supreme Court Act 1981 to make rules of court for the purpose of regulating and prescribing the practice and procedure to be followed in the Supreme Court, hereby exercise those powers as follows:-
1.-(1) These Rules may be cited as the Rules of the Supreme Court (Amendment) 1983 and shall come into operation on 1st May 1983.
(2) In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965(1).
2. Part I of Appendix 3 to Order 62 shall be amended by substituting, for Table A (Basic Costs), the following Table:-
| "A. Basic costs Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix | |||
|---|---|---|---|
| (a) | (b) | (c) | |
| If the amount recovered is:- not less than £600 but less than £2,000- | £p | £p | £p |
| (i) where the writ was served by post | 36.00 | 47.00 | 82.00 |
| (ii) where the writ was served on the defendant personally | 39.00 | 50.00 | 85.00 |
| not less than £2,000 but less than £3,000- | |||
| (i) where the writ was served by post | 39.00 | 50.00 | 85.00 |
| (ii) where the writ was served on the defendant personally | 42.00 | 53.00 | 88.00 |
| not less than £3,000 | 50.00 | 70.00 | 100.00". |
3. For Order 74 there shall be substituted the following new Order:-
1.-(1) Subject to paragraph (2), proceedings by which any application is made to the High Court under the Merchant Shipping Acts 1894 to 1979 shall be assigned to the Queen's Bench Division and taken by the Admiralty Court.
(2) Proceedings by which an application under section 55 of the Merchant Shipping Act 1894 is made shall be assigned to the Chancery Division.
2.-(1) An appeal to the High Court under section 28 of the Pilotage Act 1913 against a decision of a county court judge or a magistrate shall be heard and determined by a Divisional Court of the Queen's Bench Division constituted so far as practicable of Admiralty Judges.
(2) Subject to the provisions of this rule, Orders 55 and 57 shall apply in relation to an appeal to the High Court under the Merchant Shipping Acts 1894 to 1979 and for this purpose a re-hearing and an application under section 52(2) of the Merchant Shipping Act 1970 shall be treated as an appeal.
(3) In the case of an appeal to which paragraph (2) applies, the documents required to be lodged before entry for the purposes of Order 57, rule 2(1) shall include the report, if any, to the Secretary of State containing the decision from which the appeal is brought.
(4) Where a re-hearing by the High Court is ordered under section 57 of the Merchant Shipping Act 1970, the Secretary of State shall cause such reasonable notice to be given to the parties whom he considers to be affected by the re-hearing as the circumstances of the case may, in his opinion, permit.".
4. Order 111 shall be amended as follows:-
(1) For the title, there shall be substituted the following:-
"THE SOCIAL SECURITY ACT 1975 AND THE SOCIAL SECURITY AND HOUSING BENEFITS ACT 1982".
(2) Rules 2, 3 and 4 shall be amended by substituting, for the words "21 days", wherever they occur, the words "28 days".
(3) After rule 5, there shall be added the following new rule:-
6. Rules 1 to 5 shall apply in relation to references and appeals under section 11(4) and (5) of the Social Security and Housing Benefits Act 1982 as they apply in relation to references and appeals under the Social Security Act 1975.".
Hailsham of St. Marylebone, C
Lane, C.J
John Donaldson, M.R
John Arnold, P
R. E. Megary, V.C
Peter Oliver, L.J
Anthony Lloyd, J
Iain Glidewell, J
Mark Potter
John G. McK. Laws
P. F. Carter-Ruck
R. J. Pannone
Dated 30th March 1983
These Rules amend the Rules of the Supreme Court so as-
(a)to increase certain fixed costs recoverable under Appendix 3 to Order 62 where the sum claimed is within the county court limit (Rule 2);
(b)to substitute a new Order 74 which provides for applications and appeals under the Merchant Shipping Acts 1894 to 1979 (Rule 3);
(c)to provide for appeals and references to the High Court under section 11 of the Social Security and Housing Benefits Act 1982 (Rule 4).
The relevant amending instruments are S.I. 1967/1809, 1970/671, 1971/354, 1269, 1975/911, 1979/35, 1716, 1980/1010, 1981/1734.
