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Supreme Court Rules (Amendment No 370) 2002
Supreme Court Rules (Amendment No 370) 2002
under the
Supreme Court Act 1970
The Supreme Court Rule Committee made the following rules of court under the
Supreme Court Act 1970 on 18 November 2002.
Steven Jupp
Secretary of the Rule Committee
Explanatory note
The object of these rules is to amend the Supreme Court Rules 1970 to provide that an
originating process and a defence on a claim for damages, as originally filed and as
amended, must not be filed unless the certification required under section 198L of the
Legal Profession Act 1987 is made. The form for the certification is also prescribed.
Section 198L of the Legal Profession Act 1987 provides that a solicitor or barrister
cannot file originating process or a defence on a claim for damages unless the solicitor
or barrister certifies that there are reasonable grounds for believing on the basis of
provable facts and a reasonably arguable view of the law that the claim or the defence
(as appropriate) has reasonable prospects of success.
1 Name of rules
These rules are the Supreme Court Rules (Amendment No 370)
2002.
2 Amendment of Supreme Court Rules 1970
The Supreme Court Rules 1970 are amended as set out in
Schedule 1.
Schedule 1 Amendments
(Rule 2)
[1] Part 1,rule9A
Insert after rule 9A (1):
(1A) A document that is an originating process on a claim for
damages or a defence on a claim for damages, and any fresh
document filed to amend such a document, must not be filed
unless it includes a certification referred to in section 198L (2)
of the Legal Profession Act 1987 and made by the relevant
solicitor or barrister in the form prescribed by Form 158.
(1B) Notwithstanding anything in these rules, the obligation to
comply with subrule (1A) must not be waived.
[2] Schedule F Forms
Insert at the end of Forms 5, 9, 10, 11A, 11B, 17 and 19 the following:
Certification under section 198L of the Legal Profession Act 1987
I, (full name), certify that there are reasonable grounds for believing on the basis of
provable facts and a reasonably arguable view of the law that this claim (or, as the case
may be, this defence/this cross-claim/this defence to cross-claim) has reasonable
prospects of success.
(Signature) Date (Date certification signed)
Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the
case may be)
[3] Schedule F
Insert before “(This form does not apply to proceedings in the Court of
Appeal)” wherever occurring in Forms 6 and 7 the following:
Certification under section 198L of the Legal Profession Act 1987
I, (full name), certify that there are reasonable grounds for believing on the basis of
provable facts and a reasonably arguable view of the law that this claim (or, as the case
may be, this defence/this cross-claim/this defence to cross-claim) has reasonable
prospects of success.
(Signature) Date (Date certification signed)
Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the
case may be)
[4] Schedule F
Insert after Form 157:
Form 158
P 1,r9A(1A)
Certification under section 198L of the Legal Profession Act 1987
I, (full name), certify that there are reasonable grounds for believing on the basis of
provable facts and a reasonably arguable view of the law that this claim (or, as the case
may be, this defence/this cross-claim/this defence to cross-claim) has reasonable
prospects of success.
(Signature) Date (Date certification signed)
Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the
case may be)
[5] Schedule F
Omit “158–160. (Repealed)” from the Index of Forms. Insert instead:
158. Certification under section 198L of the Legal Profession Act 1987.
159–160. (Repealed)
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