The Rules of the Supreme Court (Writ and Appearance) 1979

3.  Order 4, rule 6, shall be amended as follows:—

(1) In paragraph (2), sub-paragraph (a) and the letter “(b)” shall be omitted.

(2) For paragraph (3) there shall be substituted the following paragraphs:—

“(3) Where—

(a)a sole defendant or one of the defendants to an action begun by writ which is proceeding in a district registry does not reside or carry on business in the district of the registry or, being a body corporate, does not have a registered office or carry on business in that district, and

(b)the writ is not indorsed with a statement that a cause of action in respect of which relief is claimed arose wholly or in part in a place in that district,

that defendant may, on acknowledging service of the writ, include in his acknowledgment a statement to the effect that he applies for an order transferring the action to some other district registry or to the Royal Courts of Justice, and in that case, unless the plaintiff within 8 days after the defendant's acknowledging service gives notice to the registrar of the district registry that he objects to the making of such an order, the registrar shall make an order accordingly.

If the plaintiff gives notice of objection within the time aforesaid, the registrar shall fix a time and place for the hearing of the defendant's application and give notice thereof to every party to the proceedings.

(3A) In relation to a writ in the Chancery Division which is issued out of the district registry of Leeds, Liverpool, Manchester, Newcastle-upon-Tyne or Preston, paragraph (3) shall have effect as if for the references to the district of that registry there were substituted references to the Northern area.”.

(3) At the beginning of paragraph (4) there shall be inserted the words “Without prejudice to paragraph (3)”.