The Grand Court (Amendment No. 2) Rules 2008

Extract


The Grand Court (Amendment No. 2) Rules 2008

The Grand Court (Amendment No. 2) Rules 2008

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GRAND COURT LAW (2008 REVISION)

THE GRAND COURT (AMENDMENT No. 2) RULES 2008

These Rules are made by the Rules Committee pursuant to Section 19(3) of the Grand Court Law (2008 Revision).

Citation, Commencement and Interpretation.

(1) These Rules shall be cited as the Grand Court (Amendment No. 2) Rules 2008.

(2) These Rules shall come into operation on the 1st day of March 2009 referred to in this rule as the "Commencement Date".

(3) These rules shall apply to every proceeding which is pending or commenced in the Court on or after the Commencement Date.

(4) Words and expressions in these Rules which are also used in the Grand Court Rules 1995 (Revised Edition) shall have the same meaning in these Rules as in the Grand Court Rules 1995.

Revocation and Replacement of Orders 1 and 102

(1) GCR Order 1 is hereby revoked and replaced by the Order contained in the Schedule hereto.

(2) GCR Order 102 is hereby revoked and replaced by the Order contained in the Schedule hereto.

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The Honourable Anthony Smellie QC, Chief Justice The Honourable Sam Bulgin QC, Attorney General Andrew J Jones QC, Legal Practitioner

Graham Ritchie QC, Legal Practitioner

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ORDER 1

CITATION, APPLICATION, COMMENCEMENT, INTERPRETATION AND FORMS

Citation (O.1, r.1)

(1) These Rules may be cited as the Grand Court Rules, 1995.

(2) An individual rule may be cited using the abbreviation "GCR".

Application (O.1, r.2)

(1) Subject to the following provisions of this rule, these Rules shall apply in relation to all proceedings in the Court.

(2) Except for Part I of Order 52 (Committal), Order 53 (Applications for Judicial Review), Part III of Order 62 (Wasted Costs Orders) and Order 103 (Confidential Relationships (Preservation) Law (1995 Revision)), these Rules shall not apply to any criminal proceedings.

(3) These Rules shall not apply to any application or proceedings governed by Parts I to III of the Succession Law (Probate and Administration) Rules 1977, as amended.

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(c) governed by the Companies Winding Up Rules 2008; or

(d) on appeal from civil proceedings in the Summary Court.

(5) Notwithstanding the provisions of paragraphs (2) to (5) of this rule - (a) Order 38 shall apply to every civil proceeding except -(i) a proceeding under the Companies Winding Up Rules, 2008; and

(ii) any appeal from civil proceedings in the Summary Court;

(b) every affidavit or other document filed in the Court office shall comply with the requirements of Orders 41 and 66;

(c) every judgment and order made by the Court shall comply with the requirements of Order 42;

(d) except in the case of petitions in proceedings governed by the Matrimonial Causes Rules (2003 Revision), every originating process or other document required to be served by these Rules or any other rules in connection with any civil proceedings shall be served in accordance with Orders 10 and 65;

(e) Part I of Order 80 shall apply to every proceeding to which a person under disability is a party; and

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(6) All funds required to be paid into or out of Court, whether by order of the Court of Appeal, the Court, the Summary Court or otherwise, in both criminal and civil proceedings, shall be lodged, paid, invested and dealt with in accordance with the provisions or Order 92.

Commencement and transitional provisions (O.1, r.3)

(1) These Rules shall come into operation on the 1st day of June, 1995, referred to in this Order as the "commencement date".

(2) These Rules shall apply to -(a) every proceeding commenced on or after the commencement date; and

(b) every step taken or required to be taken after the commencement date in any proceeding pending on that date.

(3) No step taken or required to be taken before the commencement date shall be treated as a non-compliance with these Rules provided that it complied with the rules then in force.

(4) Order 6, rule 8 shall have no application to writs issued prior to the commencement date.

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(c) the Grand Court (Forms and Miscellaneous) Rules 1976;

(d) the Civil Evidence Rules 1978;

(e) the Grand Court (Proceedings by and against the Crown) Rules 1977;

(f) Part IV of the Succession Law (Probate and Administration) Rules 1977, as amended;

(g) the Grand Court (Applications for Orders of Mandamus, Prohibition, Certiorari and Habeas Corpus) Rules 1977;

(h) the Grand Court (Foreign Process) Rules 1977; and

(i) the Grand Court (Foreign Judgments) (Reciprocal Enforcement) Rules 1977.

Non application of English rules (O.1, r.5)

(1) Except as provided in Order 75, r.2, the Rules of the Supreme Court 1965 shall cease to have any application to -

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(2) Notwithstanding paragraph (1), The Supreme Court Practice may be relied upon where appropriate as an aid to the interpretation and application of these Rules.

Application of Interpretation Law (1995 Revision) (O.1, r.6)

The Interpretation Law (1995 Revision) shall apply to the interpretat...

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