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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 No. 3) 1974 No. 1360 (L. 19) URL: http://www.bailii.org/uk/legis/num_reg/1974/uksi_19741360_en.html |
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Statutory Instruments
SUPREME COURT OF JUDICATURE, ENGLAND PROCEDURE
Made
5th August 1974
Laid before Parliament
16th August 1974
Coming into Operation
1st October 1974
We, the Rule Committee of the Supreme Court, being the authority having for the time being power under section 99(4) of the Supreme Court of Judicature (Consolidation) Act 1925 to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature, hereby exercise those powers and all other powers enabling us in that behalf as follows:-
1.-(1) These Rules may be cited as the Rules of the Supreme Court (Amendment No. 3) 1974 and shall come into operation on 1st October 1974.
(2) In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965(1), as amended(2), and a form referred to by number means the form so numbered in Appendix A to those Rules.
(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. In Order 47, rule 4, for the figure "£100" there shall be substituted the figure "£150".
3. Appendix 3 to Order 62 shall be amended as follows:-
(a)For the figures "£100" and "£500", wherever they appear, there shall be substituted the figures "£150" and "£650" respectively.
(b)For the basic costs set out in the scale following paragraph 2 of Part I there shall be substituted the following items:-
| (a) | (b) | (c) | |
|---|---|---|---|
| £ | £ | £ | |
| "If the amount recovered is:- | |||
| not less than £150 but less than £650 | 9.00 | 11.00 | 14.00 |
| not less than £650 | 10.25 | 16.00 | 21.00". |
4. In the note to Form 53 for the figure "£100" there shall be substituted the figure "£150".
5. Nothing in these Rules shall apply to an action begun before 1st October 1974.
Elwyn-Jones, C
Widgery, C. J
Denning, M. R
George Baker, P
John Pennycuick, V-C
Eustace Roskill, L. J
Nigel Bridge, J
Ralph Cusack, J
P. J. Millett
Michael Wright
William Carter
H. Montgomery-Campbell
Dated 5th August 1974
These Rules are consequential on the provisions of the County Courts Jurisdiction Order 1974 (S.I. 1974/1273) relating to the costs of actions commenced in the High Court which could have been commenced in the county court. Rules 2 and 4 prevent a plaintiff recovering any costs of execution where he issues a writ of fieri facias to enforce a judgment without costs for less than £150, instead of £100 as at present. Rule 3 amends the fixed costs set out in Appendix 3 to Order 62.
(1965 III, p. 4995).
The relevant amending instruments are S.I. 1970/671, 1971/354 (1970 II, p. 2172: 1971 I, p. 1144).
