Rules of the Supreme Court
Encyclopedia
The Rules of the Supreme Court (RSC) were the rules which governed civil procedure
in the Supreme Court of Judicature of England and Wales from its formation in 1883 until 1999.
The RSC applied to all civil cases
in the Supreme Court in England and Wales
commenced after the merger of the Courts of Common Law
and Equity (law) in 1883 by the Judicature Acts
until they were superseded by the Civil Procedure Rules (CPR) in 1999 on 26 April 1999. Civil proceedings in the County Court
s during this period were governed by the separate County Court Rules.
The RSC were designed to replace the individual rules of the courts of Law and Equity which were subsumed into the Supreme Court providing one harmonised set of procedural rules for all civil cases.
merged the previously separate English courts of Common Law
and Equity into the new Supreme Court of Judicature made up of the Court of Appeal and High Court of Justice
. The rules and procedures of the old courts and systems of law differed greatly. As Law and Equity would now be applied in the same courts the Judiciary felt that there should be common procedural rules for both systems of law. The RSC were created in 1883 and were made up of Orders and Acts of Parliament.
Over time the original orders and acts were supplemented by further of the same. By 1951 the RSC were made up of some 144 separate Orders and Rules and 9 Acts of Parliament.
The process consisted of a Rule Committee of the Supreme Court revising and re-writing the entire body of rules governing civil procedure in the Supreme Court. The process was undertaken in two stages. First, around half of the Rules were revised and reintroduced on 1 January 1964 by R. S. C. (Revision) 1962 (SI 1962/2145). Second, the remaining original Rules were revised and reintroduced by R.S.C. (Revision) 1965 (SI 1965/1776) which also embodied the 1962 Revised Rules. This gave the Supreme Court, for the first time, one complete, integral body of procedural rules. The revised RSC came into force on 1 October 1966.
, originating summons, originating motion or petition
.
Appendix A of the RSC contained Form Precedents which were compulsory in cases governed by the Rules. These included, inter alia, writs of summons, writs of subpoena, writs and notices for use in enforcement, judgements.
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
in the Supreme Court of Judicature of England and Wales from its formation in 1883 until 1999.
The RSC applied to all civil cases
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
in the Supreme Court in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
commenced after the merger of the Courts of Common Law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and Equity (law) in 1883 by the Judicature Acts
Judicature Acts
The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875 The Judicature Acts are a...
until they were superseded by the Civil Procedure Rules (CPR) in 1999 on 26 April 1999. Civil proceedings in the County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
s during this period were governed by the separate County Court Rules.
The RSC were designed to replace the individual rules of the courts of Law and Equity which were subsumed into the Supreme Court providing one harmonised set of procedural rules for all civil cases.
The Original 1883 Rules
Beginning in 1873 the Judicature ActsJudicature Acts
The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875 The Judicature Acts are a...
merged the previously separate English courts of Common Law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and Equity into the new Supreme Court of Judicature made up of the Court of Appeal and High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
. The rules and procedures of the old courts and systems of law differed greatly. As Law and Equity would now be applied in the same courts the Judiciary felt that there should be common procedural rules for both systems of law. The RSC were created in 1883 and were made up of Orders and Acts of Parliament.
Over time the original orders and acts were supplemented by further of the same. By 1951 the RSC were made up of some 144 separate Orders and Rules and 9 Acts of Parliament.
The Revised 1965 Rules
In 1951 the Evershed Committee on Supreme Court Practice and Procedure published its Second Interim Report in which it strongly recommended that "a complete revision of the Rules be immediately put in hand".The process consisted of a Rule Committee of the Supreme Court revising and re-writing the entire body of rules governing civil procedure in the Supreme Court. The process was undertaken in two stages. First, around half of the Rules were revised and reintroduced on 1 January 1964 by R. S. C. (Revision) 1962 (SI 1962/2145). Second, the remaining original Rules were revised and reintroduced by R.S.C. (Revision) 1965 (SI 1965/1776) which also embodied the 1962 Revised Rules. This gave the Supreme Court, for the first time, one complete, integral body of procedural rules. The revised RSC came into force on 1 October 1966.
Format
The RSC consisted of Orders which concerned specific topics and paragraphs within each order on the specifics. For example, RSC Order 5 concerned the Mode of Beginning Proceedings in High Court, with paragraphs concerning when proceedings must be issued by writWrit
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
, originating summons, originating motion or petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
.
Appendix A of the RSC contained Form Precedents which were compulsory in cases governed by the Rules. These included, inter alia, writs of summons, writs of subpoena, writs and notices for use in enforcement, judgements.