The Rules of the Supreme Court (Northern Ireland) (Amendment No.3) 2006

Made: 28th November 2006

To be laid before Parliament

Coming into operation: 8th January 2007

The Northern Ireland Supreme Court Rules Committee makes the following Rules in exercise of the powers conferred by sections 55 and 55A of the Judicature (Northern Ireland) Act 1978[^f00001] and sections 2(8) and 2A of the Damages Act 1996[^f00002].

Citation and commencement

1

These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2006 and shall come into operation on the 8th January 2007.

Amendments to the Rules of the Supreme Court (Northern Ireland) 1980

2

In the Arrangement of Orders—

• (a) for the entry relating to Order 37, substitute—

(37) Damages: assessment after judgment, orders for provisional damages and periodical payments

; and

• (b) for the entry relating to Order 100, substitute—

(100) The Trade Marks Act 1994 and The Olympic Symbol Etc (Protection) Act 1995

3

In Order 29, after rule 10 (Allowance of income of property pendente lite), insert—

(10A) (1) When an application is made to which Directive 2004/48/EC[^f00004] applies, the Court may grant an interim order making the continuation of an alleged infringement subject to guarantees. (2) Where the Court grants an order ex parte to which Directive 2004/48/EC applies, such order shall be granted only on terms providing for the issue of the writ or summons and such other terms, if any, as the Court thinks fit.

4

In Order 37, after Part II, insert the new Part set out in Schedule 1 to these Rules.

5

In Order 72, in rule 3 (Commencement of proceedings in a commercial action),in paragraph (1), for “may” substitute “shall”.

6

In Order 80, after rule 14 (Appointment of guardian of child’s estate or fortune), insert the new rules 15 and 16 set out in Schedule 2 to these Rules.

7

In Order 90—

• (a) in rule 10 (Interpretation), after paragraph (b) insert—

(c) “the Council Regulation” means the Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.

• (b) in rule 13 (Contents of originating summons: particular provisions), after paragraph (2) insert—

(3) Where the application is one to which the Council Regulation also applies the originating summons shall identify— (a) any details of measures taken by courts or authorities to ensure the protection of the child after its return to the Member State of habitual residence of which the applicant is aware; and (b) details of any person with parental responsibility who is not already listed in accordance with rule 12.

• (c) in rule 20 (Stay of Proceedings)—

• (i) in paragraph (2), after “section 20(2) of the Act” insert “, Article 21(2) of the Child Abduction and Custody (Jersey) Law 2005”;

• (ii) in paragraph (4), after “the High Court in England and Wales”, in each place those words appear insert “, the Royal Court of Jersey”;

• (iii) in paragraph (5), after “High Court in England and Wales” insert “, the Royal Court of Jersey”;

• (iv) in paragraph (6), after “a court of summary jurisdiction in Northern Ireland” insert “, the Royal Court of Jersey, a court of summary jurisdiction in Jersey,”;

• (d) in rule 21 (Transfer of Proceedings), after “the High Court in England and Wales”, in each place those words appear, insert “, the Royal Court of Jersey”; and

• (e) after rule 25 (Orders for disclosure of information), insert—

(25A) There shall be kept in the Office by the proper officer a register of decisions registered under section 16 of the Act together with any variation of those decisions as made under section 17 of the Act.

8

In Order 93, rule 6 (Applications under section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988)—

• (a) in paragraph (1) omit the words “or under section 58C of the Trademarks Act 1938”; and

• (b) after paragraph (2), insert—

(3) Order 100, rule 7 shall apply to applications under this rule.

9

In Order 100—

• (a) in the headings, omit references to the “Trademarks Act 1938”, the “Trade Marks Act 1938 as amended by the Trade Marks (Amendment) Act 1984” and “the 1938 Act”;

• (b) in rule 1 (Interpretation), omit the words “the 1938 Act means the Trade Marks Act 1938 as amended by the Trade Marks (Amendment) Act 1984;”;

• (c) in rule 2 (Assignment to Chancery Division), omit the words “the 1938 Act,”;

• (d) in rule 3 (Appeals and applications under the 1994 Act and the Olympic Symbol Act)—

• (i) in paragraph 1 omit the words “the 1938, Act”;

• (ii) in paragraph 2 omit the words “the 1938 Act or”;

• (iii) in paragraph 3(a) omit the words “the 1938 Act or”;

• (iv) in paragraph 3(b) omit the words “the Board of Trade under the 1938 Act or”;

• (v) omit paragraph 5;

• (e) in rule 5 (Service of documents), in paragraph 2 omit the words “the 1938 Act or”;

• (f) in rule 6 (Service of orders on the Registrar), omit the words “the 1938 Act or”; and

• (g) after rule 6 (Service of orders on the Registrar), insert—

(7) Where the Court makes an order for delivery up, forfeiture or destruction of infringing goods, or articles designed or adapted to make such goods, the defendant shall pay the costs of complying with the order unless the court orders otherwise. (8) Without prejudice to any other provisions of these Rules, the Court may, where it finds that an intellectual property right has been infringed, order appropriate measures for the dissemination and publication of the judgment to be made at the expense of the defendant.

10

In Order 104—

• (a) in rule 15 (Proceedings for determination of certain disputes), omit paragraph (1)(b);

• (b) after rule 17 (Counterclaim for rectification of register of designs), insert—

(18) Order 100, rule 8 shall apply to proceedings under this Order.

SCHEDULE 1

SCHEDULE 2

Signed

Brian Kerr — Paul Girvan — Patrick Coghlin — Mark Horner — Bernard McCloskey — Tony Caher — Caroline McGonagle — Dated 8th November 2006

Signed by the authority of the Lord Chancellor

In exercise of the powers conferred by section 55A(3) of the Judicature (Northern Ireland) Act 1978, I allow these Rules.

Bridget Prentice — Parliamentary Under Secretary of State — Department for Constitutional Affairs — Dated 28th November 2006

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (“the principal Rules”), in consequence of

• the European Directive on the Enforcement of Intellectual Property Rights (Directive 2004/48/EC);

• Council Regulation (EC) No. 2201/2003 of 27th November 2003 (Brussels IIa Regulation);

• the Child Abduction and Custody Act 1985 (Jersey) Order 2006 (S.I. 2006/1917);

• the Damages Act 1996 (c.48) (as amended by section 100 of the Courts Act 2003 (c.39)).

These Rules also amend the list of securities in which the Accountant General may invest money by direction of the Court, and make a minor amendment to procedure in commercial cases.

Rule 2 amends the Arrangement of Orders at the beginning of the principal Rules by revising the entry to Order 37 and omitting references to the repealed Trade Marks Act 1938 and the Trade Marks (Amendment) Act 1984.

Rule 3 amends Order 29 of the principal Rules by inserting a new rule 10A which provides that the Court may make an order making the continuation of an alleged infringement of an intellectual property right subject to guarantees and that where the Court grants a remedy before the issue of a writ or summons, the remedy shall only be granted on terms providing for the issue of the writ or summons.

Rule 4 amends Order 37 of the principal Rules by inserting a new Part III, which makes provision about the exercise of the Court’s powers under section 2(1) of the Damages Act 1996 (as substituted by section 100 of the Courts Act 2003) to order that all or part of an award of damages for future pecuniary loss in relation to personal injury may take the form of periodical payments.

Rule 5 amends Order 72 of the principal Rules to provide that on commencement of proceedings in a commercial action the plaintiff’s solicitor shall request the Registrar in charge of the Commercial List to enter that action in the Commercial List.

Rule 6 amends Order 80 of the principal Rules by designating a list of securities in which the Accountant General may invest money paid into the High Court by direction of that Court under Order 80, rule 10 of the principal Rules. The Accountant General has the power to invest in such securities under section 81(a)(iii) of the Judicature (Northern Ireland) Act 1978.

Rule 7 amends Order 90 of the principal rules in consequence of Council Regulation (EC) No. 2201/2003 of 27th November 2003 (“Brussels IIa Regulation”) and the Child Abduction and Custody Act 1985 (Jersey) Order 2006 (S.I. 2006/1917). The principal Rules are amended to make provision for relevant information to be included in an originating summons in cases where the Brussels IIa Regulation applies. Provision is also made for the registration of decisions made under section 16 of the Child Abduction and Custody Act 1985, and for the transmission of documents and the stay and transfer of proceedings between courts in Northern Ireland and Jersey.

Rules 8 and 9 amend Order 93 and 100 respectively of the principal Rules to omit references to the Trade Marks Act 1938 and to provide that a defendant is to bear the cost of orders for forfeiture and destruction. The Court is given power to order the dissemination of judgments at the expense of the defendant.

Rule 10 amends Order 104 to omit reference to a repealed provision of the Patents Act 1977, and to make provision for the dissemination of judgments at the expense of a defendant.

Footnotes

[^f00001]: 1978 c.23 to which the most recent relevant amendments were made by the Constitutional Reform Act 2005 (c.4)

[^f00002]: 1996 c.48 to which the most recent relevant amendments were made by sections 100 and 101 of the Courts Act 2003 (c.39)

[^f00003]: S.R. 1980 No.346

[^f00004]: Directive on the Enforcement of Intellectual Property Rights (2004/48/EC)(OJ L157, 30.4.2004)

[^f00005]: 1996 c.48 to which the most recent relevant amendments were made by sections 100 and 101 of the Courts Act 2003 (c.39)

[^f00006]: Section 2 is substituted by section 100 of the Courts Act 2003 (c.39)

[^f00007]: S.R. 2004 No. 335

[^f00008]: S.I. 2001 No. 1228

[^f00009]: 2000 c.8

[^f00010]: 1988 c.1