Joint Committee on Statutory Instruments Nineteenth Report


Memorandum by the Lord Chancellor's Department


  1. In a letter of 5 May 1999 the Committee requested a memorandum (not a further memorandum as stated) on the following point:

  Under rule 25.11 (inserted by rule 7(b)) an interim injunction which would otherwise have ceased to have effect following the striking out of the claimant's claim is usually continued until the hearing of the claimant's application to re-instate his claim. Explain whether the person bound by the injunction will be given notice under the rules that the injunction (despite the striking out) continues to bind him and, if so, under which rule. If he will not be given such notice, explain how he will become aware of its continuance against him.

  2. Rule 25.11 (actually inserted by rule 8(b)) provides for an interim injunction to continue for 14 days after the striking out of a claimant's claim under rule 3.7 of the Civil Procedure Rules (S.I. 1998/3132) for non-payment of certain court fees. Consideration of the point has drawn the attention of the Department to the fact that the rules do not currently provide for notice to be given to the other parties that the claim has been struck out in such circumstances. The Department is grateful to the Committee for calling attention to this lacuna and will take steps to deal with it and provide that the notice refers to the effect of rule 25.11.

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