County Court (Chapter I Amendment No. 30) Rules 1997

i County Court (Chapter I Amendment No. 30) Rules 1997 S.R. No. 127/1997 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Principal Rules 1 4. Amendment of Rule 20.03 1 5. Amendment of Rule 27.03 2 6. Amendment of Rule 34A.04 2 7. Amendment of Rule 34A.25 2 8. New Rule 63A.16.2 3 63A. 16.2 Proceeding or counterclaim dismissed 3 9. Amendment to Form 15A 3 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1997 S.R. No. 127/1997 County Court Act 1958 County Court (Chapter I Amendment No. 30) Rules 1997 A majority of the Judges of the County Court makes the following Rules: 1. Object The object of these Rules is to make miscellaneous amendments to the Principal Rules. 2. Authorising provisions These Rules are made under section 78 of the County Act 1958 and all other enabling powers. 3. Principal Rules In these Rules, the County Court Rules of Procedure in Civil Proceedings 19891 are called the Principal Rules. 4. Amendment of Rule 20.03 (1) After Rule 20.03(3)(b) of the Principal Rules insert— "(c) within 28 days after a proceeding has been finally determined subject only to an appeal, if any, to the Court of Appeal.". (2) After Rule 20.03(3) of the Principal Rules insert— "(4) Except by leave of the Court of Appeal, a solicitor shall not file a notice under paragraph (1) where in the proceeding— -- 2 of 6 -- S.R. No. 127/1997 County Court (Chapter I Amendment No. 30) Rules 1997 2 (a) a summons for leave to appeal to the Court of Appeal has been filed; or (b) notice of appeal to the Court of Appeal has been served.". 5. Amendment of Rule 27.03 In Rule 27.03(3) of the Principal Rules after "typewritten" insert "in at least 12 point type". 6. Amendment of Rule 34A.04 (1) In Rule 34A.04(1) of the Principal Rules for "and the Defamation Division" substitute ", the Defamation Division and the Damages (Medical) Division". (2) After Rule 34A.04(3) of the Principal Rules insert— "(4) The Damages (Medical) Division shall consist of any proceeding that includes a claim for damages in respect of death or bodily injury resulting from medical or the like treatment or advice given in respect of any physical or mental condition.". 7. Amendment of Rule 34A.25 At the end of Rule 34A.25 of the Principal Rules insert— "(2) Unless a notice under Rule 20.01 has been filed and served, a solicitor for a party to whom a notice of a directions hearing is given under paragraph (1) shall not file a notice of ceasing to act for that party under Rule 20.03, except by leave of the Court.". r. 5 -- 3 of 6 -- S.R. No. 127/1997 County Court (Chapter I Amendment No. 30) Rules 1997 3 8. New Rule 63A.16.2 After Rule 63A.16.1 of the Principal Rules insert— "63A.16.2 Proceeding or counterclaim dismissed (1) A proceeding that is or stands dismissed by or under an order of the Court or these Rules shall, unless the Court otherwise orders, be taken to be a proceeding that is dismissed with costs. (2) Paragraph (1) shall, with any necessary modification, apply to a counterclaim and to a claim by third party notice as if the counterclaim or third party claim were a proceeding.". 9. Amendment to Form 15A In Form 15A to the Principal Rules— (a) after "to the Registrar for the benefit of the plaintiff" insert "[where appropriate and $ to the Health Insurance Commission]"; (b) for "to be paid out" substitute "and pay it out"; (c) after— "5. Upon payment by the defendant of the sum[s] and costs referred to, the proceeding be forever stayed." insert— "5A. If under Rule 79.10(2) of Chapter I of the Rules of the Supreme Court, the Senior Master of the Supreme Court orders that if the moneys are paid to the Supreme Court they be held in court for the benefit of the plaintiff, the Registrar shall thereafter remit the said moneys and any interest r. 8 -- 4 of 6 -- S.R. No. 127/1997 County Court (Chapter I Amendment No. 30) Rules 1997 4 accrued thereon to the Senior Master for the benefit of the plaintiff.". Dated: 20 November 1997 G. R. D. WALDRON, Chief Judge A. F. SMITH F. G. DYETT MURRAY KELLAM JOHN K. NIXON E. H. CURTAIN FRANK WALSH FRED DAVEY L. S. OSTROWSKI STUART CAMPBELL J. T. DUGGAN M. G. McINERNEY G. R. G. CROSSLEY MARGARET RIZKALLA T. A. NEESHAM T. G. WODAK D. A. T. JONES F. J. SHELTON J. R. HANLON WILLIAM R. WHITE M. HIGGINS A. P. DUCKETT F. B. LEWIS J. M. PANNAM CHESTER KEON-COHEN TIMOTHY HOLT LESLIE C. ROSS CAROLYN DOUGLAS ═══════════════ r. 9 -- 5 of 6 -- S.R. No. 127/1997 County Court (Chapter I Amendment No. 30) Rules 1997 5 NOTES 1 S.R. No. 49/1989. Reprinted (No. 3) to S.R. No. 12/1997. Notes -- 6 of 6 --