This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 15 May 2009, amend the High Court Rules.
Rule 4 amends rule 6.1, which relates to methods of service, to correct a cross-reference.
Rule 5 amends rule 12.2(1), which relates to cases where summary judgment may be given for the plaintiff. Under the predecessor of rule 12.2, summary judgments could be given for a part of a cause of action. The amendment clarifies that the High Court continues to have that jurisdiction.
Rule 6 substitutes a new rule 20.8 of the High Court Rules, which relates to the filing of notices of appeal. Under the new rule, a notice of appeal will have to be filed in the registry nearest the place where the matter under appeal was heard, rather than the place where the decision was given. However, in cases where the decision appealed against was given without a hearing, the proper registry will continue to be the registry nearest the place where the decision was given.
Rule 7 substitutes a new form G 39, which sets out the form for search orders, also known as Anton Piller orders. The substituted form aligns the wording of the order more closely with rule 33.2 to make it clear that the order requires the respondent to permit the persons identified by the order to enter the respondent’s premises, but does not authorise those persons to enter those premises without that permission.
Rule 8 amends Schedule 6, which sets out the standard directions to be given for appeals. The amendment adds a direction concerning the registry in which the appeal is to proceed.
Rule 9 clarifies that existing appeals are not affected by the changed provisions concerning the location for the filing of notices of appeal.