A 36
[Subsidiary]
(1978 c. 33.)
CAP. 4) The Rules of the Supreme Court Order 13 [1988 Ed.
be set aside and the entry of the judgment and of any proceedings for its enforcement made in the book kept in the Registry for that purpose shall be marked accordingly.
(5) An application under paragraph (3)(b) shall be made ex parte by affidavit stating the facts on which the application is founded and any order or direction sought, and on the application the Court may-
(a) set aside the judgment; or
(b) direct that, notwithstanding the return of the copy of the writ, it shall be treated as having been duly served; or
(c) make such other order and give such other direction as the circumstances may require.
Judgment against a State (O. 13, r. 7A)
7A. (1) Where the defendant is a State, as defined in section 14 of the State Immunity Act 1978 ("the Act"), the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the Court.
(2) An application for leave to enter judgment shall be supported by an affidavit-
(a) stating the grounds of the application,
(b) verifying the facts relied on as excepting the State from the immunity conferred by section 1 of the Act, and
(c) verifying that the writ has been served by being transmitted to the Chief Secretary and by him to the Foreign and Commonwealth Office for onward transmission to the State concerned, or in such other manner as may have been agreed to by the State, and that the time for acknowledging service, as extended by section 12(2) of the Act (by two months) where applicable, has expired.
(3) The application may be made ex parte but the Court hearing the application may direct a summons to be issued and served on that State, for which purpose such a direction shall include leave to serve the summons and a copy of the affidavit out of the jurisdiction.
(4) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof, and the grant of leave to enter judgment under this Order shall include leave to serve out of the jurisdiction--
(a) a copy of the judgment, and
(b) a copy of the affidavit, where not already served.
A 36
[Subsidiary]
(1978 c. 33.)
CAP. 4) The Rules of the Supreme Court Order 13 [1988 Ed.
be set aside and the entry of the judgment and of any proceedings for its enforcement made in the book kept in the Registry for that purpose shall be marked accordingly.
(5) An application under paragraph (3)(b) shall be made ex parte by affidavit stating the facts on which the application is founded and any order or direction sought, and on the application the Court may-
(a) set aside the judgment; or
(b) direct that, notwithstanding the return of the copy of the writ, it shall be treated as having been duly served; or
(c) make such other order and give such other direction as the
circumstances may require.
Judgment against a State (O. 13, r. 7A)
7A. (1) Where the defendant is a State, as defined in section 14 of the State Immunity Act 1978 ("the Act"), the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the Court.
(2) An application for leave to enter judgment shall be sup- ported by an affidavit-
(a) stating the grounds of the application,
(b) verifying the facts relied on as excepting the State from the
immunity conferred by section 1 of the Act, and
(c) verifying that the writ has been served by being transmitted to the Chief Secretary and by him to the Foreign and Commonwealth Office for onward transmission to the State concerned, or in such other manner as may have been agreed to by the State, and that the time for acknowledging service, as extended by section 12(2) of the Act (by two months) where applicable, has expired.
(3) The application may be made ex parte but the Court hearing the application may direct a summons to be issued and served on that State, for which purpose such a direction shall include leave to serve the summons and a copy of the affidavit out of the jurisdiction.
(4) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof, and the grant of leave to enter judgment under this Order shall include leave to serve out of the jurisdiction--
(a) a copy of the judgment, and
(b) a copy of the affidavit, where not already served.
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