The Rules of the Supreme Court (Amendment No. 3) 1995
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SUPREME COURT OF ENGLAND AND WALES The Rules of the Supreme Court (Amendment No. 3) 1995
1.—(1) These Rules may be cited as the Rules of the Supreme Court (Amendment No. 3) 1995 and shall come into force on 15th January 1996. (2) In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965[2] and a reference to Appendix B is a reference to Appendix B to those Rules.
2. The Arrangement of Orders at the beginning of the Rules of the Supreme Court 1965 shall be amended, by substituting for the title to Order 100, the following "The Trade Marks Act 1938, as amended by the Trade Marks (Amendment) Act 1984 and the Patents, Designs and Marks Act 1986; the Trade Marks Act 1994; and the Olympic Symbol etc. (Protection) Act 1995".
Definitions 1. In this Order— "the 1938 Act" means the Trade Marks Act 1938[3] as amended by the Trade Marks (Amendment) Act 1984[4] and the Patents, Designs and Marks Act 1986[5]; "the 1994 Act" means the Trade Marks Act 1994[6]; "the Olympic Symbol Act" means the Olympic Symbol etc. (Protection) Act 1995[7]; "the Registrar" means the Comptroller-General of Patents, Designs and Trade Marks; "the register" means the register of trade marks maintained by the Registrar pursuant to section 63 of the 1994 Act; "appointed person" means a person appointed by the Lord Chancellor to hear and decide appeals under the 1994 Act. Assignment to the Chancery Division 2. Proceedings in the High Court under the 1938 Act, the 1994 Act or the Olympic Symbol Act shall be assigned to the Chancery Division. Appeals and applications under the 1938 Act, the 1994 Act and the Olympic Symbol Act 3.—(1) Every appeal to the High Court under the 1938 Act or the 1994 Act shall be heard and determined by a single judge. (2) Subject to paragraph (7) below and to rule 4, every application to the High Court under the said Acts must be begun by originating motion. (3) Notice of the motion by which any such application is made under the 1938 Act or the 1994 Act must be served on the Registrar. (4) Where—
(5) The period prescribed by Order 55, rule 4(2), in relation to an appeal to which paragraph (1) applies or the period prescribed by paragraph (4) in relation to an application or appeal to which that paragraph applies, may be extended by the Registrar on the application of any party interested and may be so extended although the application is not made until after the expiration of that period, but the foregoing provision shall not be taken to affect the power of the Court under Order 3, rule 5, to extend that period. (6) Where under subsection (6) of section 17 or subsection (9) of section 18 of the 1938 Act an appellant becomes entitled and intends to withdraw his application which is the subject-matter of the appeal, he must give notice of his intention to the Registrar and to any other party to the appeal within one month after the Court has given leave under the said subsection (6) or the said subsection (9) as the case may be, for further grounds of objection to be taken. (7) An application under section 16 or section 19 of the 1994 Act shall be made by originating summons or, if it is made in a pending action, by summons or motion in that action. (8) Where an application is made under section 19 of the 1994 Act the applicant shall serve notice of the application on all persons so far as reasonably ascertainable having an interest in the goods, material or articles which are the subject of the application, including any person in whose favour an order could be made in respect of the goods, material or articles under the said section of the 1994 Act or under section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988[8]. Proceedings for infringement of registered trade mark; validity of registration disputed or revocation or rectification sought 4.—(1) Where in any proceedings a claim is made for relief for infringment of the rights conferred on the proprietor of a registered trade mark by section 9 of the 1994 Act, the party against whom the claim is made may in his defence put in issue the validity of the registration of that trade mark or may counterclaim for an order for revocation of the registration or for a declaration of invalidity of the registration or for rectification of the register, or may do any or all of those things. (2) A party to any such proceedings who in his pleading (whether a defence or counterclaim) disputes the validity of the registration of a registered trade mark or seeks a declaration of invalidity or an order for revocation of the registration, or rectification of the register, must serve with his pleading particulars of the objections to the validity of the registration or of any grounds for revocation or rectification, on which he relies. (3) A party to any such proceedings who counterclaims for an order for revocation of the registration or for a declaration of invalidity of the registration or for rectification of the register must serve on the Registrar a copy of the counterclaim together with a copy of the particulars mentioned in paragraph (2) and the Registrar shall be entitled to take such part in the proceedings as he may think fit but need not serve a defence or other pleading unless ordered to do so by the Court. Service of documents 5.—(1) This rule applies to the service of any document (including originating process) on a party until such time as that party has provided an address for service within the meaning of Order 6, rule 5(2) or Order 12, rule 3. (2) Subject to paragraph (3), for the purposes of any proceedings relating to a registered trade mark (including proceedings for revocation, declaration of invalidity or non-infringement or groundless threats of infringement proceedings or any other proceedings under the 1938 Act or the 1994 Act), where any document is served in the manner prescribed by Order 10 or Order 65 at an address for service given in the register kept under section 63 of the 1994 Act—
(3) Nothing in this rule shall prevent service being effected on the proprietor in accordance with the provisions of these rules. Service of orders on the Registrar 6. Where an order is made by the Court in any case under the 1938 Act or the 1994 Act, the person in whose favour the order is made or, if there is more than one, such one of them as the Court shall direct, shall serve an office copy of the order on the Registrar.
(1) by substituting in paragraph (6) for "5 days", "21 days"; (2) by substituting for paragraph (7) the following—
"Service of documents 24.—(1) This rule applies to the service of any document (including originating process) on a party until such time as that party has provided an address for service within the meaning of Order 6, rule 5(2) or Order 12, rule 3. (2) Subject to paragraph (3), for the purposes of any proceedings relating to a patent or a registered design (including proceedings for revocation, declaration as to non-infringement or groundless threats of infringement proceedings or any other proceedings of a kind mentioned in this Order) where any document is served in the manner prescribed by Order 10 or Order 65 at an address for service given in the register kept under section 32 of the 1977 Act or, as the case may be, section 17 of the Registered Designs Act 1949[11]—
(3) Nothing in paragraph (2) shall prevent service being effected on the proprietor in accordance with the provisions of these rules." .
8. After Order 75, rule 14 there shall be inserted the following new rule— "Filing of praecipe for caveat against release when Registry is closed 14A.—(1) When the Admiralty and Commercial Registry (in this rule referred to as "the Registry") is closed to the public, a praecipe for caveat against release may be filed in the Registry in accordance with the provisions of this rule. (2) A praecipe under this rule must:
(3) A solicitor causing a praecipe to be filed under this rule (in this rule referred to as "the filing solicitor") shall transmit a copy of the praecipe to the Registry by FAX for filing under this rule on the fax number designated for such purpose. (4) Subject to paragraph (7) of this rule, the filing of a praecipe under this rule takes place when the FAX transmitted under paragraph (3) is recorded at the Registry as having been received and the praecipe so filed shall have the same effect for all purposes as a praecipe filed under rule 14 of this Order. (5) When the Registry is next open to the public after the filing of a praecipe in accordance with this rule—
(6) Unless otherwise ordered by the Court, the stamped praecipe retained by the Court shall be conclusive proof that the praecipe was filed at the time and on the date stated. (7) Notwithstanding Order 2, rule 1, if the filing solicitor does not comply with the provisions of paragraphs (2) and (5)(a), or if the document delivered under paragraph (5)(a)(i) is not stamped under paragraph (5)(b), the praecipe shall be deemed never to have been filed." .
"Summons for decree or directions in limitation action 38.—(1) The plaintiff must—
(2) The summons must be supported by affidavit verifying—
(3) The affidavit referred to in paragraph (2) above shall state—
(4) The summons and every affidavit in support thereof must be served on every defendant who has acknowledged issue or service of the writ at least 28 clear days before the hearing of the summons. (5) Any defendant who disputes the plaintiff's claim to limit his liability or alleges that he is unable to decide whether to dispute that claim shall, within 14 days of the service upon him of the summons and any affidavit in support, serve upon the plaintiff an affidavit stating the grounds upon which he relies to dispute the plaintiff's claim to limit his liability or such facts and matters as could justify the Court in giving a direction under paragraph (8) of this rule. (6) The plaintiff may, within 7 days of service upon him of any affidavit under paragraph (5), serve such further affidavit evidence as he may wish upon any defendant who has served an affidavit under paragraph (5) of this rule. (7) If on the hearing of the summons it appears to the Admiralty registrar or district judge that the plaintiff's claim to limit his liability is not disputed, he shall make a decree limiting the plaintiff's liability and declaring the amount thereof. (8) If on the hearing of the summons it appears to the Admiralty registrar or district judge that any defendant has not sufficient information to enable him to decide whether to dispute the plaintiff's claim to limit his liability, he may, on such terms as seem just, give such directions as appear to him appropriate to enable the defendant to obtain such information and shall adjourn the hearing. (9) Any defendant who thereafter disputes the plaintiff's claim to limit his liability shall state on affidavit the grounds upon which he relies and such affidavit must be served on the plaintiff at least 10 clear days before the resumed hearing of the summons. (10) If on the hearing or the resumed hearing of the summons, the Admiralty registrar or district judge does not make a decree limiting the plaintiff's liability, he shall give such directions as to the further proceedings in the action as appear to him to be appropriate including, in particular, a direction requiring the taking out of a summons for directions under Order 25 and, if he gives no such direction, a direction fixing the period within which any notice under Order 38, rule 21, must be served. (11) Any defendant who, after the Admiralty registrar or district judge has given directions under paragraph (8) or (10), ceases to dispute the plaintiff's right to limit his liability must forthwith file a notice to that effect in the Registry or district registry and serve a copy on the plaintiff and on any other defendant who has acknowledged issue or service of the writ. (12) If every defendant who disputes the plaintiff's right to limit his liability serves a notice on the plaintiff under paragraph (11), the plaintiff may take out a summons returnable in chambers before the Admiralty registrar or district judge asking for a decree limiting his liability; and paragraphs (4) and (7) shall apply to a summons under this paragraph as they apply to a summons under paragraph (1)." .
10. Order 115, rules 1(2) and 22(2) shall be amended, by inserting at the end of each paragraph, the words "and include any extended meaning given by the Criminal Justice (Confiscation) (Northern Ireland) Order 1990[12]".
11. Order 115, rule 23 shall be amended by inserting at the end the following:
(This note is not part of the Rules)
ISBN 0 11 053870 6 Notes: [1] 1981 c. 54; section 85 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 36(1). back [2] S.I. 1965/1776; the relevant amending instruments are S.I. 1968/1244, 1969/1105, 1978/579, 1979/1716, 1982/1111, 1986/1187, 2289, 1989/386, 1307, 1990/492, 1991/1884 and 1995/2206. back [11] The text of the Registered Designs Act 1949 as amended is contained in Schedule 4 to the Copyright, Designs and Patents Act 1988 (c. 48). back [12] S.I. 1990/2588 (N.I.17); this Order was amended by the Criminal Justice (Confiscation) (Northern Ireland) Order 1993 (S.I. 1993/3146 (N.I.13)). back [13] Section 83 of the Criminal Justice Act 1988 (c. 33) was amended by the Proceeds of Crime Act 1995 (c. 11), section 10. back [14] Section 93J was inserted by the Proceeds of Crime Act 1995 (c. 11), section 13. back |
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