K20. The CPR Schedules of provisions from the RSC
| 620. |
Far-reaching though Lord Woolf's reforms are,
a substantial body of rules from the otherwise superseded RSC remains in force in England
and Wales, as provided for by CPR 50.1. |
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| 621. |
These rules appear as items in Schedule 1 to
the CPR and span various categories. (Note 552) These include, for instance, rules relating to the enforcement of judgments and
orders (receivers, writs of fieri facias, examinations of judgment debtors,
garnishee proceedings, committals, etc), rules dealing with special procedural cases
(certain possession of land cases, interpleaders, administration actions, etc), special
jurisdictional cases (service of foreign proceedings, enforcing foreign judgments, Crown
proceedings, bail, etc) and particular proceedings under specific statutes. |
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| 622. |
Similar provisions exist under the HCR.
Plainly, there is considerable complexity in some of these rules, as well as language that
is occasionally archaic. It seems likely that in due course simplification and
modernisation will be attempted. In the meantime, it would appear sufficient to allow
these rules to continue in force, little affected by more general procedural reforms, save
where consequential amendments may be necessary, monitoring developments in this area in
other jurisdictions. Readers are consulted as to this proposed course: Proposal
62. |
Notes
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