The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

and, subject to paragraph (2), where service of the writ is effected in accordance with this paragraph, the writ shall be deemed to have been duly served on the firm, whether or not any member of the firm is out of the jurisdiction.

• (2) Where a writ is served on a firm in accordance with sub-paragraph (1)(c)—

• (a) the date of service shall, unless the contrary is shown, be deemed to be the seventh day (ignoring Order 3, rule 2(5)) after the date on which the copy was sent to the firm; and

• (b) any affidavit proving due service of the writ must contain a statement to the effect that—

• (i) in the opinion of the deponent the copy of the writ, if sent to the firm at the address in question, will have come to the knowledge of one of the persons mentioned in paragraph (1)(a) or (b) within 7 days thereafter, and

• (ii) the copy of the writ has not been returned to the plaintiff through the post undelivered to the addressee.

• (3) Where a partnership has, to the knowledge of the plaintiff, been dissolved before an action against the firm is begun, the writ by which the action is begun must be served on every person within the jurisdiction sought to be made liable in the action.

• (4) Every person on whom a writ is served under paragraph (1)(a) or (b) must at the time of service be given a written notice stating whether he is served as a partner or as a person having the control or management of the partnership business or both as a partner and as such a person; and any person on whom a writ is so served but to whom no such notice is given shall be deemed to be served as a partner.

[E.r. 3]

Entry of appearance in an action against firm

4

• (1) Where persons are sued as partners in the name of their firm appearance may not be entered in the name of the firm but only by the partners thereof in their own names, but the action shall nevertheless continue in the name of the firm.

• (2) Where in an action against a firm the writ by which the action is begun is served on a person as a partner, that person, if he denies that he was a partner or liable as such at any material time, may enter an appearance in the action and state in his memorandum of appearance that he does so as a person served as a partner in the defendant firm but who denies that he was a partner at any material time.

An appearance entered in accordance with this paragraph shall, unless and until it is set aside, be treated as an appearance for the defendant firm.

• (3) Where an appearance has been entered for a defendant in accordance with paragraph (2), then—

• (a) the plaintiff may either apply to the Court to set it aside on the ground that the defendant was a partner or liable as such at a material time or may leave that question to be determined at a later stage of the proceedings;

• (b) the defendant may either apply to the Court to set aside the service of the writ on him on the ground that he was not a partner or liable as such at a material time or may at the proper time serve a defence on the plaintiff denying in respect of the plaintiff's "Claim either his liability as a partner or the liability of the defendant firm or both.

• (4) The Court may at any stage of the proceedings in an action in which a defendant has entered an appearance in accordance with paragraph (2), on the application of the plaintiff or of that defendant, order that any question as to the liability of that defendant or as to the liability of the defendant firm be tried in such manner; and at such time as the Court directs.

• (5) Where in an action against a firm the writ by which the action is begun is served on a person as a person having the control or management of the partnership business, that person may not enter an appearance in the action unless he is a member of the firm sued.

[E.r. 4]

Leave to enforce judgment against firm

5

• (1) Where a judgment is given against a firm, leave to enforce the judgment against the property of a partner in the firm may be granted upon the ex parte application of the party who has obtained that judgment against a person who—

• (a) entered an appearance in the action as a partner, or

• (b) having been served as a partner with the writ of summons, failed to enter an appearance in the action, or

• (c) admitted in his pleading that he is a partner, or

• (d) was adjudged to be a partner.

• (2) Leave under paragraph (1) shall not be granted against a member of the firm who was out of the jurisdiction when the writ of summons was issued unless he—

• (a) entered an appearance to the action as a partner, or

• (b) was served within the jurisdiction with the writ as a partner, or

• (c) was, with the leave of the Court given under Order 11, served out of the jurisdiction with the writ, or notice of the writ, as a partner;

and, except as against any property of the firm within the jurisdiction or as provided by the foregoing provisions of this paragraph, a judgment given or made against a firm shall not render liable, release or otherwise affect a member of the firm who was out of the jurisdiction when the writ was issued.

• (3) Where a party who has obtained a judgment against a firm claims that a person is liable to satisfy the judgment as being a member of the firm, and the foregoing provisions of this rule do not apply in relation to that person, that party may apply to the Court for leave to enforce the judgment against that person, the application to be made by summons which must be served personally on that person.

• (4) Where the person against whom an application under paragraph (3) is made does not dispute his liability, the Court hearing the application may, subject to paragraph (2) give leave to enforce against that person, and, where that person disputes his liability, the Court may order that the liability of that person be tried and determined in any manner in which any issue or question in an action may be tried and determined.

[E.r. 5]

Leave to enforce judgment in actions between partners, etc

6

• (1) Upon an application for leave to enforce a judgment given in—

• (a) an action by or against a firm in the name of the firm against or by a member of the firm, or

• (b) an action by a firm in the name of the firm against a firm in the name of the firm where those firms have one or more members in common

the Court may give such directions, including directions as to the taking of accounts and the making of inquiries, as may be just.

[E.r. 6]

Actions begun by originating summons

7

Rules 2 to 6 shall, with the necessary modifications, apply in relation to an action by or against partners in the name of their firm begun by originating summons as they apply in relation to such an action begun by writ.

[E.r. 8]

Application to person carrying on business in another name

8

An individual carrying on business within the jurisdiction in a name or style other than his own name, may be sued in that name or style as if it were the name of a firm, and rules 2 to 7 shall, so far as applicable, apply as if he were a partner and the name in which he carries on business were the name of his firm.

[E.r. 9]

ORDER 77 — PROCEEDINGS BY AND AGAINST THE CROWN

1

These Rules apply to actions for libel or slander subject to the following rules of this Order.

[E.r. 1]

Indorsement of claim in libel action

2

Before a writ in an action for libel is issued it must be indorsed with a statement giving sufficient particulars of the publications in respect of which the action is brought to enable them to be identified.

[E.r. 2]

Obligation to give particulars

3

• (1) Where in an action for libel or slander the plaintiff alleges that the words or matters complained of were used in a defamatory sense other than their ordinary meaning, he must give particulars of the facts and matters on which he relies in support of such sense.

• (2) Where in an action for libel or slander the defendant alleges that, in so far as the words complained of consist of statements of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, or pleads to the like effect, he must give particulars stating which of the words complained of he alleges are statements of fact and of the facts and matters he relies on in support of the allegation that the words are true.

• (3) Where in an action for libel or slander the plaintiff alleges that the defendant maliciously published the words or matters complained of, he need not in his statement of claim give particulars of the facts on which he relies in support of the allegation of malice, but if the defendant pleads that any of those words or matters are fair comment on a matter of public interest or were published on a privileged occasion and the plaintiff intends to allege that the defendant was actuated by express malice, he must serve a reply giving particulars of the facts and matters from which the malice is to be inferred.

• (4) This rule shall apply in relation to a counterclaim for libel or slander as if the party making the counterclaim were the plaintiff and the party against whom it is made the defendant.

[E.r. 3]

Provision as to payment into court

4

• (1) Where in an action for libel or slander against several defendants sued jointly the plaintiff, in accordance with Order 22, rule 3(1), accepts money paid into court by any of those defendants in satisfaction of his cause of action against that defendant, then, notwithstanding anything in rule 3(2) of that Order, the action shall be stayed against that defendant only, but—

• (a) the sum recoverable under any judgment given in the plaintiff's favour against any other defendant in the action by way of damages shall not exceed the amount (if any) by which the amount of the damages exceeds the amount paid into court by the defendant as against whom the action has been stayed, and

• (b) the plaintiff shall not be entitled to his costs of the action against the other defendant after the date of the payment into court unless either the amount of the damages awarded to him is greater than the amount paid into court and accepted by him or the judge is of opinion that there was reasonable ground for him to proceed with the action against the other defendant.

• (2) Where in an action for libel a party pleads the defence for which section 2 of the Libel Act 1843⁹⁶ provides, Order 22, rule 7, shall not apply in relation to that pleading.

[E.r. 4]

Statement in open court

5

• (1) Where a party accepts money paid into court in satisfaction of a cause of action for libel or slander, the plaintiff or defendant, as the case may be, may apply to a judge in chambers by summons for leave to make in open court a statement in terms approved by the judge.

• (2) Where a party to an action for libel or slander which is settled before trial desires to make a statement in open court, an application must be made to the Court for an order that the action be set down for trial, and before the date fixed for the trial the statement must be submitted for the approval of the judge before whom it is to be made.

[E.r. 5]

Interrogatories not allowed in certain cases

6

In an action for libel or slander where the defendant pleads that the words or matters complained of are fair comment on a matter of public interest or were published on a privileged occasion, no interrogatories as to the defendant's sources of information or grounds of belief shall be allowed.

[E.r. 6]

Evidence in mitigation of damages

7

In an action for libel or slander in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled 01;1 the trial to give evidence in chief, with a view, to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the judge, unless 7 days at least before the trial he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence.

[E.r. 7]

Fulfilment of offer of amends under s. 4 of Defamation Act (Northern Ireland) 1955

8

• (1) An application to the Court under section 4 of the Defamation Act (Northern Ireland) 1955[^f00098] to determine any question as to the steps to be taken in fulfilment of an offer of amends made under that section must, unless the application is made in the course of proceedings for libel or slander in respect of the publication to which the offer relates, be made in chambers in the Queen's Bench Division, but only a judge may determine such question.

• (2) No appearance need be entered to an originating summons by which such an application is made.

[E.r. 8]

ORDER 78 — REMITTAL AND REMOVAL OF PROCEEDINGS

Interpretation

1

In this Order a section referred to by number means the section so numbered in the Consumer Credit Act 1974⁹⁷.

[E.r. 1]

Notice to reopen agreement

2

• (1) Where in any such proceedings in the High Court as are mentioned in section 139(1)(b) the debtor or a surety desires to have a credit agreement reopened, he shall serve a notice to that effect on every other party to the proceedings and file a copy of the notice.

• (2) If at the time of serving a notice under paragraph (1) the debtor or surety has not entered an appearance in the proceedings, the notice must specify an address for service as if it were a memorandum of appearance.

[E.r. 2]

No default judgment without leave

3

• (1) After a notice under rule 2 has been served in an action begun by writ, judgment in default of appearance or in default of defence shall not be entered except with the leave of the Court.

• (2) An application for the grant of leave under paragraph (1) must be made by summons supported by affidavit, and, notwithstanding anything in Order 65, rule 9, the summons and a copy of the affidavit must be served on every other party to the proceedings.

• (3) If the application is for leave to enter judgment in default of appearance, the summons shall not be issued until after the time limited for appearing.

[E.r. 3]

Court's powers on hearing of application

4

On the hearing of an application under rule 3(2) or of any proceedings in which a notice under rule 2 has been filed, the Court may whether or not the debtor or surety has entered an appearance or appears at the hearing, exercise the powers of the Court under sections 137 to 140 and where, on an application under rule 3(2), the Court refuses leave to enter judgment on a claim or any part of a claim, it may make or give any such order or direction as it might have made or given if the application had been made an application under Order 14, rule 1, for judgment on the claim.

[E.r. 4]

[ ORDER 79 — BAIL APPLICATIONS TO HIGH COURT AND COURT OF APPEAL

[No Order made]

ORDER 80 — DISABILITY

Interpretation

1

In this Order “administration action” means an action for the administration under the direction of the Court of the estate of a deceased person or for the execution under the direction of the Court of a trust.

[E.r. 1]

Determination of questions, etc., without administration

2

• (1) An action may be brought for the determination of any question or for any relief which could be determined or granted, as the case may be, in an administration action and a claim need not be made in the action for the administration or execution under the direction of the Court of the estate or trust in connection with which the question arises or the relief is sought.

• (2) Without prejudice to the generality of paragraph (1), an action may be brought for the determination of any of the following questions:—

• (a) any question arising in the administration of the estate of a deceased person or in the execution of a trust;

• (b) any question as to the composition of any class of persons having a claim against the estate of a deceased person or a beneficial interest in the estate of such a person or in any property subject to a trust;

• (c) any question as to the rights or interests of a person claiming to be a creditor of the estate of a deceased person or to be entitled under a will or on the intestacy of a deceased person or to be beneficially entitled under a trust.

• (3) Without prejudice to the generality of paragraph (1), an action may be brought for any of the following reliefs:—

• (a) an order requiring an executor, administrator or trustee to furnish and, if necessary, verify accounts;

• (b) an order requiring the payment into court of money held by a person in his capacity as executor, administrator or trustee;

• (c) an order directing a person to do or abstain from doing a particular act in his capacity as executor, administrator or trustee;

• (d) an order approving any sale, purchase, compromise or other transaction by a person in his capacity as executor, administrator or trustee;

• (e) an order directing any act to be done in the administration of the estate of a deceased person or in the execution of a trust which the Court could order to be done if the estate or trust were being administered or executed, as the case may be, under the direction of the Court.

[E.r. 2]

Parties

3

• (1) All the executors or administrators of the estate or trustees of the trust, as the case may be, to which an administration action or such an action as is referred to in rule 2 relates must be parties to the action, and where the action is brought by executors, administrators or trustees, any of them who does not consent to being joined as a plaintiff must be made a defendant.

• (2) Notwithstanding anything in Order 15, rule 4(2), and without prejudice to the powers of the Court under that Order, all the persons having a beneficial interest in or claim against the estate or having a beneficial interest under the trust, as the case may be, to which such an action as is mentioned in paragraph (1) relates need not be parties to the action; but the plaintiff may make such of those persons, whether all or any one or more of them, parties as, having regard to the nature of the relief or remedy claimed in the action, he thinks fit.

• (3) Where, in proceedings under a judgment or order given or made in an action for the administration under the direction of the Court of the estate of a deceased person, a claim in respect of a debt or other liability is made against the estate by a person not a party to the action, no party other than the executors or administrators of the estate shall be entitled to appear in any proceedings relating to that claim without the leave of the Court, and the Court may direct or allow any other party to appear either in addition to, or in substitution for, the executors or administrators on such terms as to costs or otherwise as it thinks fit.

[E.r. 3]

Grant of relief in action begun by originating summons

4

In an administration action or such an action as is referred to in rule 2, the Court may make any certificate or order and grant any relief to which the plaintiff may be entitled by reason of any breach of trust, wilful default or other misconduct of the defendant notwithstanding that the action was begun by originating summons, but the foregoing provision is without prejudice to the power of the Court to make an order under Order 28, rule 8, in relation to the action.

[E.r. 4]

Judgments and orders in administration actions

5

• (1) A judgment or order for the administration or execution under the direction of the Court of an estate or trust need not be given or made unless in the opinion of the Court the questions at issue between the parties cannot properly be determined otherwise than under such a judgment or order.

• (2) Where an administration action is brought by a creditor of the estate of a deceased person or by a person claiming to be entitled under a will or on the intestacy of a deceased person or to be beneficially entitled under a trust, and the plaintiff alleges that no or insufficient accounts have been furnished by the executors, administrators or trustees, as the case may be, then, without prejudice to its other powers, the Court may—

• (a) order that proceedings in the action be stayed for a period specified in the order and that the executors, administrators or trustees, as the case may be, shall within that period furnish the plaintiff with proper accounts;

• (b) if necessary to prevent proceedings by other creditors or by other persons claiming to be entitled as aforesaid, give judgment or make an order for the administration of the estate to which the action relates and include therein an order that no proceedings are to be taken under the judgment or order, or under any particular account or inquiry directed, without the leave of the judge in person.

[E.r. 5]

Conduct of sale of trust property

6

Where in an administration action an order is made for the sale of any property vested in executors, administrators or trustees, those executors, administrators or trustees, as the case may be, shall have the conduct of the sale unless the Court otherwise directs.

[E.r. 6]

ORDER 81 — PARTNERS

Application by plaintiff for summary judgment

1

• (1) In any action in the Chancery Division begun by writ indorsed with a claim—

• (a) for specific performance of an agreement (whether in writing or not) for the sale, purchase or exchange of any property, or for the grant or assignment of a lease of any property, with or without an alternative claim for damages, or

• (b) for rescission of such an agreement, or

• (c) for the forfeiture or return of any deposit made under such an agreement,

the plaintiff may, on the ground, that the defendant has no defence to the action, apply to the Court for judgment.

• (2) An application may be made against a defendant under this rule whether or not he has entered an appearance in the action.

[E.r. 1]

Manner in which application under rule 1 must be made

2

• (1) An application under rule 1 shall be made by summons supported by an affidavit verifying the facts on which the cause of action is based and stating that in the deponent's belief there is no defence to the action.

Unless the Court otherwise directs, an affidavit for the purposes of this paragraph may contain statements of information or belief with the sources and grounds thereof.

• (2) The summons must set out or have attached thereto minutes of the judgment sought by the plaintiff.

• (3) The summons, a copy of the affidavit in support and of any exhibit referred to therein must be served on the defendant not less than 4 clear days before the return day.

[E.r. 2]

Judgment for plaintiff

3

Unless on the hearing of an application under rule 1 either the Court dismisses the application or the defendant satisfies the Court that there is an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial of the action, the Court may give judgment for the plaintiff in the action.

[E.r. 4]

Leave to defend

4

• (1) A defendant may show cause against an application under rule 1 by affidavit or otherwise to the satisfaction of the Court.

• (2) The Court may give a defendant against whom such an application is made leave to defend the action either unconditionally or on such terms as to giving security or time or mode of trial or otherwise as it thinks fit.

• (3) On the hearing of such an application the Court may order a defendant showing cause or, where that defendant is a body corporate, any director, manager, secretary or other similar officer thereof, or any person purporting to act in any such capacity—

• (a) to produce any document;

• (b) if it appears to the Court that there are special circumstances which make it desirable that he should do so, to attend and be examined on oath.

[E.r. 5]

Directions

5

Where the Court orders that a defendant have leave to defend the action, the Court shall give directions as to the further conduct of the action.

[E.r. 6]

Costs

6

If the plaintiff makes an application under rule 1 where the case is not within this Order, or if it appears to the Court that the plaintiff knew that the defendant relied on a contention which would entitle him to unconditional leave to defend, then, without prejudice to Order 62, and, in particular, to rule 4(1) thereof, the Court may dismiss the application with costs and may, if the plaintiff is not an assisted person, require the costs to be paid by him forthwith.

[E.r. 7]

Setting aside judgment

7

Any judgment given against a defendant who does not appear at the hearing of an application under rule 1 may be set aside or varied by the Court on such terms as it thinks just.

[E.r. 8]

ORDER 82 — DEFAMATION ACTIONS

Receiver's register

1

Every receiver appointed by the Court in an action to enforce registered debentures or registered debenture stock shall, if so directed by the Court, keep a register of transfers, of, and other transmissions of title to, such debentures or stock (in this Order referred to as "the receiver's register").

[E.r. 1]

Registration of transfers, etc.

2

• (1) Where a receiver is required by rule 1 to keep a receiver's register, then, on the application of any person entitled to any debenture or debenture stock by virtue of any transfer or other transmission of title, and on production of such evidence of identity and title as the receiver may reasonably require, the receiver shall, subject to the following provisions of this rule, register the transfer or other transmission of title in that register.

• (2) Before registering a transfer the receiver must, unless the due execution of the transfer is proved by affidavit, send by post to the registered holder of the debentures or debenture stock transferred at his registered address a notice stating—

• (a) that an application for the registration of the transfer has been made, and

• (b) that the transfer will be registered unless within the period specified in the notice the holder informs the receiver that he objects to the registration,

and no transfer shall be registered until the period so specified has elapsed.

The period to be specified in the notice shall in no case be less than 7 days after a reply from the registered holder would in the ordinary course of post reach the receiver if the holder had replied to the notice on the day following the day when in the ordinary course of post the notice would have been delivered at the place to which it was addressed.

• (3) On registering a transfer or other transmission of title under this rule the receiver must indorse a memorandum thereof on the debenture or certificate of debenture stock, as the case may be, transferred or transmitted, containing a reference to the action and to the order appointing him receiver.

[E.r. 2]

Application for rectification of receiver's register

3

• (1) Any person aggrieved by any thing done or omission made by a receiver under rule 2 may apply to the Court for rectification of the receiver's register, the application to be made by summons in the action in which the receiver was appointed.

• (2) The summons shall in the first instance be served only on the plaintiff or other party having the conduct of the action but the Court may direct the summons or notice of the application to be served on any other person appearing to be interested.

• (3) The Court hearing an application under this rule may decide any question relating to the title of any person who is party to the application to have his name entered in or Omitted from the receiver's register and generally may decide any question necessary or expedient to be decided for the rectification of that register.

[E.r. 3]

Receiver's register evidence of transfers, etc.

4

Any entry made in the receiver's register, if verified by an affidavit made by the receiver or by such other person as the Court may direct, shall in all proceedings in the action in which the receiver was appointed be evidence of the transfer or transmission of title to which the entry relates and, in particular, shall be accepted as evidence thereof for the purpose of any distribution of assets, notwithstanding that the transfer or transmission has taken place after the making of a certificate in the action certifying the holders of the debentures or debenture stock certificates.

[E.r. 4]

Proof of title of holder of bearer debenture, etc.

5

• (1) This rule applies in relation to an action to enforce bearer debentures or to enforce debenture stock in respect of which the company has issued debenture stock bearer certificates.

• (2) Notwithstanding that judgment has been given in the action and that a certificate has been made therein certifying the holders of such debentures or certificates as are referred to in paragraph (1), the title of any person claiming to be such a holder shall (in the absence of notice of any defect in the title) be sufficiently proved by the production of the debenture or debenture stock certificate, as the case may be, together with a certificate of identification signed by the person producing the debenture or certificate identifying the debenture or certificate produced and certifying the person (giving his name and address) who is the holder thereof.

• (3) Where such a debenture or certificate as is referred to in paragraph (1) is produced in the Chancery Office, the solicitor of the plaintiff in the action must cause to be indorsed thereon a notice stating—

• (a) that the person whose name and address is specified in the notice (being the person named as the holder of the debenture or certificate in the certificate of identification produced under paragraph (2)) has been recorded in the Chancery Office as the holder of the debenture or debenture stock certificate, as the case may be, and

• (b) that that person will, on producing the debenture or debenture stock certificate, as the case may be, be entitled to receive payment of any dividend in respect of that debenture or stock unless before payment a new holder proves his title in accordance with paragraph (2), and

• (c) that if a new holder neglects to prove his title as aforesaid he may incur additional delay, trouble and expense in obtaining payment.

• (4) The solicitor of the plaintiff in the action must preserve any certificates of identification produced under paragraph (2) and must keep a record of the debentures and debenture stock certificates so produced and of the names and addresses of the persons producing them and of the holders thereof, and, if the Court requires it, must verify the record by affidavit.

[E.r. 5]

Requirements in connection with payments

6

• (1) Where in an action to enforce any debentures or debenture stock an order is made for payment in respect of the debentures or stock, the Accountant General shall not make a payment in respect of any such debenture or stock unless either there is produced to him the certificate for which paragraph (2) provides or the Court has in the case in question for special reason dispensed with the need for the certificate and directed payment to be made without it.

• (2) For the purpose of obtaining any such payment the debenture or debenture stock certificate must be produced to the solicitor of the plaintiff in the action or to such other person as the Court may direct, and that solicitor or other person must indorse thereon a memorandum of payment and must make and sign a certificate certifying that the statement set out in the certificate has been indorsed on the debenture or debenture stock certificate, as the case may be, and send the certificate to the Accountant General.

[E.r. 6]

[ “ORDER 83 — The Consumer Credit Act 1974

Application and interpretation

1

• (1) This Order applies to any action (whether begun by writ or originating summons) by a mortgagee or mortgagor or by any person having the right to foreclose or redeem any mortgage, being an action in which there is a claim for any of the following reliefs, namely—

• (a) payment of moneys secured by the mortgage,

• (b) sale of the mortgaged property,

• (c) foreclosure,

• (d) delivery of possession to the mortgagee by the mortgagor or by any other person who is or is alleged to be in possession of the property,

• (e) redemption,

• (f) reconveyance of the property or its release from the security,

• (g) delivery of possession by the mortgagee.

• (2) In this Order “mortgage” includes a legal and an equitable mortgage and a legal and an equitable charge, and references to a mortgagor, a mortgagee and mortgaged property shall be construed accordingly.

• (3) An action to which this Order applies is referred to in this Order as a mortgage action.

• (4) These Rules apply to mortgage actions subject to the following provisions of this Order.

[E.r. 1]

Assignment of certain actions to Chancery Division

2

Without prejudice to Order 1, rule 10, any action in which there is a claim for—

• (a) payment of moneys secured by a mortgage of any real or leasehold property, or

• (b) delivery of possession to the mortgagee of any such property by the mortgagor or by any other person who is or is alleged to be in possession of the property,

shall be assigned to the Chancery Division.

[E.r. 2]

Commencement of action

3

The writ or originating summons by which a mortgage action is begun shall be indorsed with or contain a statement showing—

• (a) where the mortgaged property is situated, and

• (b) if the plaintiff claims possession of the mortgaged property, whether the property consists of or includes a dwelling house and, if so, whether the dwelling house is one to which the Rent (Northern Ireland) Order, 1978, applies.

[E.r. 3]

Documents to be lodged on taking appointment for hearing

4

• (1) The plaintiff in a mortgage action in the Chancery Division begun by originating summons, on applying for an appointment under Order 28, rule 2(1), must produce the originating summons and leave in the Chancery Office—

• (a) a copy of the originating summons, and

• (b) the copy memorandum of appearance, stamped in accordance with Order 12, rule 4, of any defendant to the action or, if any defendant has failed to enter an appearance, a certificate of his non-appearance.

• (2) Not less than 2 clear days before the day fixed for the first or any adjourned hearing of the originating summons the plaintiff must leave in the Chancery Office the original or an office copy of any affidavit intended to be used by him at the hearing with the exhibits thereto.

[E.r. 4]

Claim for possession: non-appearance by a defendant

5

• (1) Where in a mortgage action in the Chancery Division begun by originating summons, being an action in which the plaintiff is the mortgagee and claims delivery of possession or payment of moneys secured by the mortgage or both, any defendant fails to enter an appearance, the following provisions of this rule shall apply, and references in those provisions to the defendant shall be construed as references to any such defendant.

This rule shall not be taken as affecting Order 28, rule 3, or rule 5(2), in so for as it requires any document to be served on, or notice given to, a defendant who has entered an appearance in the action.

• (2) Not less than 4 clear days before the day fixed for the first hearing of the originating summons the plaintiff must serve on the defendant a copy of the notice of appointment for the hearing and a copy of the affidavit in support of the summons.

• (3) Where the plaintiff claims delivery of possession there must be indorsed on the outside fold of the copy of the affidavit served on the defendant a notice informing the defendant that the plaintiff intends at the hearing to apply for an order to the defendant to deliver up to the plaintiff possession of the mortgaged property and for such other relief (if any) claimed by the originating summons as the plaintiff intends to apply for at the hearing.

• (4) Where the hearing is adjourned, then, subject to any directions given by the Court, the plaintiff must serve notice of the appointment for the adjourned hearing, together with a copy of any further affidavit intended to be used at that hearing, on the defendant not less than 2 clear days before the day fixed for the hearing.

A copy of any affidavit served under this paragraph must be indorsed in accordance with paragraph (3).

• (5) Service under paragraph (2) or (4), and the manner in which it was effected, may be proved by a certificate signed by the plaintiff, if he sues in person, and otherwise by his solicitor.

The certificate may be indorsed on the affidavit in support of the summons or, as the case may be, on any further affidavit intended to be used at an adjourned hearing.

• (6) A copy of any exhibit to an affidavit need not accompany the copy of the affidavit served under paragraph (2) or (4).

• (7) Where the plaintiff gives notice to the defendant under Order 3, rule 6, of his intention to proceed, service of the notice, and the manner in which it was effected, may be, proved by a certificate signed as mentioned in paragraph (5).

[E.r. 5]

Action in Chancery Division for possession or payment: evidence

6

• (1) The affidavit in support of the originating summons by which an action to which this rule applies is begun must comply with the following provisions of this rule.

This rule applies to a mortgage action in the Chancery Division begun by originating summons in which the plaintiff is the mortgagee and claims delivery of possession or payment of moneys secured by the mortgage or both.

• (2) The affidavit must exhibit the original mortgage or a true copy thereof, and the original mortgage or, in the, case of a registered charge, the certificate of charge must be produced at the hearing of the summons.

• (3) Where the plaintiff claims delivery of possession the affidavit must show the circumstances under which the right to possession arises and, except where the Court in any case or class of case otherwise directs; the state of the account between the mortgagor and mortgagee with particulars of—

• (a) the amount of the advance,

• (b) the amount of the periodic payments required to be made,

• (c) the amount of any interest or instalments in, arrear at the date of issue of the originating summons and at the date of the affidavit, and

• (d) the amount remaining due under the mortgage.

• (4) Where the plaintiff claims delivery of possession, the affidavit must give particulars of every person who to the best of the plaintiff's knowledge is in possession of the mortgaged property.

• (5) If the mortgage creates a tenancy other than a tenancy at will between the mortgagor and the mortgagee, the affidavit must show how and when the tenancy was determined and if by service of notice when the notice was duly served.

• (6) Where the plaintiff claims payment of moneys secured by the mortgage, the affidavit must prove that the money is due and payable and give the particulars mentioned in paragraph (3).

• (7) Where the plaintiff’s claim includes a claim for interest to judgment, the affidavit must state the amount of a day's interest.

[E.r. 6]

Action by writ: judgment in default

7

• (1) Notwithstanding anything in Order 13 or Order 19; in a mortgage action begun by writ judgment in default of appearance or in default of defence shall not be entered except with the leave of the Court.

• (2) An application for the grant of leave under this rule must be made by summons and the summons must, notwithstanding anything in Order 65, rule 9, be served on the defendant.

• (3) Where a summons for leave under this rule is issued in an action in the Chancery Division, rule 5(2) to (7) shall apply in relation to the action subject to the modification that for references therein to the originating summons, and for the reference in paragraph (2) to the notice of appointment there shall be substituted references to the summons.

• (4) Where a summons for leave under this rule is issued in an action to which rule 6 would apply had the action been begun by originating summons, the affidavit in support of the summons must contain the information required by that rule.

[E.r. 7]

Action for sale of mortgaged property : parties: disposal of surplus proceeds of sale: sale of unsold property

8

• (1) This rule applies to a mortgage action in the Chancery Division in which the plaintiff is a mortgagee and claims sale of the mortgaged property.

• (2) Notwithstanding anything in Order 15, rule 4(2), and without prejudice to the powers of the Court under that Order, no other mortgagee or trustee for such mortgagee need be a party to the action unless he is in actual possession or receipt of the rents and profits of the mortgaged property.

• (3) A person at whose suit or for whose benefit a receiver has been appointed, or continues to receive the rents and profits of the mortgaged property, shall not be deemed to be in receipt of such rents and profits within the meaning of paragraph (2).

• (4) Where mortgaged property has been sold and surplus produce of such sale remains in court after payment of the demands and costs of the plaintiff and prior and contemporaneous mortgages, the Court may order such surplus to be distributed amongst the mortgagees who have proved their demand in the action under an inquiry directed pursuant to paragraph (6), according to their priorities.

• (5) Where any part of the mortgaged property the subject of such action remains unsold after payment of the plaintiff's demand, and, prior and contemporaneous mortgages, any mortgagee subsequent in order, of priority to the demand of the plaintiff may apply to the Court for an order directing a sale of such unsold property, or a competent part thereof, for payment of the demands subsequent to that of the plaintiff which have been proved as aforesaid, and the Court may direct such sale if it shall be of opinion that such mortgagees, or any of them, would be entitled to have their demands raised by a sale of such property, or may direct a receiver to be appointed or continued over such unsold property, for the benefit of such subsequent mortgagees, and distribute the funds to be received by such receiver accordingly.

• (6) Subject to paragraph (7), an order for sale in a mortgage action shall direct an account to be taken of all mortgages subsequent as well as prior to, or contemporaneous with, the plaintiff's demand, and an inquiry as to the respective priorities of all such demands as shall be proved.

• (7) If the Court shall be of opinion that extending the account to mortgages subsequent to the demand of the plaintiff will improperly delay the plaintiff in recovering his demand, the account may be confined to the rights of the plaintiff and of mortgagees prior to and contemporaneous, with him.

[ ORDER 84 — Adoption

Application

1

The rules of this Order shall apply for the purposes of avoiding conflict and of co-ordinating jurisdiction exercised in relation to any person under disability.

Interpretation

2

In this Order—

• “the assigned judge” includes any judge who exercises jurisdiction in a cause or matter assigned to the assigned judge referred to in section 29 of the Act;

• “the seised judge” means any judge, including the assigned judge, referred to in section 29 of the Act, who exercises jurisdiction in any other cause or matter;

• the expression “the assigned judge” and “the seised judge” include a master when exercising the corresponding jurisdiction;

• “patient” means a person under disability, other than minority, the management of whose affairs is under the control of the Court;

• “person under disability” means a person who is a minor or a person who by ;reason of mental disorder within the meaning of the Mental Health Act (Northern Ireland) 1961[^f00100] is incapable of managing and administering his property and affairs.

Powers of seised judge

3

• (1) Where a cause or matter affecting a person under disability is brought before the seised judge or any question affecting such a person arises in a cause or matter so brought, the seised judge may—

• (a) make an order making a minor a ward of court, if he considers it proper to do so, and shall thereupon transfer the matter of the wardship to the assigned judge;

• (b) refer the question of wardship to the assigned judge;

• (c) where a question arising in the proceedings affects the welfare (including the care, custody and control) or property of a person under disability either—

• (i) refer the question to the assigned judge, or

• (ii) make such order as he considers necessary to dispose of the question (not being an order which conflicts with an order previously made in wardship proceedings in Northern Ireland affecting a minor).

• (2) Any order made under paragraph (1)(c)(ii) may be varied or discharged by the seised judge or the assigned judge.

Report by seised judge

4

The seised judge shall, when he makes an order under rule 3(1), furnish to the Office of Care and Protection for the use of the assigned judge a report on the relevant facts and proceedings together with such observations and recommendations as he thinks fit.

Powers of assigned judge

5

The assigned judge, when a cause or matter is transferred to him or a question is referred to him, may proceed as if it had originated before him.

Disability to be indorsed on writ etc.

6

• (1) Where a person under disability who is a party to or otherwise affected by a cause or matter, other than a wardship application or a matter relating to patients, is a ward of court or a patient; this must be stated in the indorsement of the writ of summons or in the petition, originating summons or originating motion, as the case may be.

• (2) Where a person becomes a ward of court or a patient while a cause of matter is pending, the party acting on behalf of that person must amend the proceedings so as to comply with paragraph (1) and give notice of the amendment to any other party.

Transmission of order

7

If the seised judge makes an order—

• (a) which relates to a person under disability and which brings him within the jurisdiction of the Office of Care and Protection;

• (b) which makes a minor a ward of court;

• (c) which relates to or affects a ward of court or a patient, or

• (d) which the judge directs to be transmitted pursuant to this rule,

a copy of the order shall be transmitted by the department in which the order is drawn up to the Office of Care and Protection.

[ ORDER 84A — Parental Orders

[ Interpretation

1

In this Order, “Office” means the Office of Care and Protection, and “the Master” means the Master (Care and Protection).

[E.r. 1]

Assignment and commencement of proceedings

2

All proceedings to which "this Order relates shall be assigned to the Family Division and shall be begun in the Office.

[E.r. 2]

Application to make minor a ward of court

3

• (1) An application to make a minor a ward of court must be made by originating summons issued out of the Office.

• (2) Where there is no person other than the minor who is a suitable respondent, an application may be made ex parte to the Master for leave to issue either an ex parte originating summons or an originating summons with the minor as respondent thereto; and, except where such leave is granted, the minor shall not be made a respondent to an originating summons under this rule in the first instance.

• (3) The date of the minor's birth shall, unless otherwise directed, be stated in the summons and the applicant shall—

• (a) on issuing the summons or before or at the first hearing thereof lodge in the Office a certified copy of the full entry in the Register of Births or, as the case may be, in the Adopted Children Register relating to the minor, or

• (b) at the first hearing of the summons apply for directions as to proof of birth of the minor in some other manner.

• (4) Unless the Court otherwise directs, the summons shall state the whereabouts of the minor or, as the case may be, that the applicant is unaware of his whereabouts and shall be served on the respondent, the Director of the Health and Social Services Board for the area in which the minor ordinarily resides (except where the Director is the applicant) and on such other person or persons as the Master may direct.

• (5) Every respondent other than the minor shall, forthwith after being served with the summons—

• (a) lodge in the Office a notice stating the address of the respondent and the whereabouts of the minor or, as the case may be, that the respondent is unaware of his whereabouts, and

• (b) unless the Court otherwise directs, serve a copy of the notice on the applicant.

• (6) Where any party other than the minor changes his address or becomes aware of any change in the whereabouts of the minor after the issue or, as the case may be, service of the summons, he shall, unless the Court otherwise directs, forthwith lodge notice of the change in the Office and serve a copy of the notice on every other party.

• (7) The summons shall contain a notice to the respondent informing him of the requirements of paragraphs (5) and (6).

• (8) In this rule any reference to the whereabouts of a minor is a reference to the address at which and the person with whom he is living and any other information relevant to the question where he may be found.

[E.r. 3]

Enforcement of order

4

The power of the High Court to secure compliance with any direction relating to a ward of court may be exercised by an order addressed to the Official Solicitor or such other person as the judge may nominate.

[E.r. 3]

When minor ceases to be ward of court

5

• (1) A minor who, by virtue of section 26(2) of the Act, becomes a ward of court on the issue of a summons under rule 3 shall cease to be a ward of court—

• (a) if an application for an appointment for the hearing of the summons is not made within the period of 21 days after the issue of the summons, at the expiration of that period;

• (b) if an application for such an appointment is made within that period, on the determination of the application made by the summons unless the Court hearing it orders that the minor be made a ward of court;

• (2) Nothing in paragraph (1) shall be taken as affecting the power of the Court under section 26(3) of the Act to order that any minor who is for the time being a ward of court shall cease to be a ward of court.

• (3) If no application for an appointment for the hearing of a summons under rule 3 is made within the period of 21 days after the issue of the summons, a notice stating whether the applicant intends to proceed with the application made by the summons must be left at the Office immediately after the expiration of that period.

[E.r. 4]

Applications under Guardianship of Infants Act 1886

6

Where there is pending any proceedings by reason of which a minor is a ward of court, any application under the Guardianship of Infants Act 1886[^f00101] (in this Part of this Order referred to as “the Guardianship Act”) with respect to that minor may be made by summons in that proceeding, but except in that case any such application must be made by originating summons issued out of the Office.

[E.r. 5]

Respondents to guardianship summons

7

• (1) Where the minor with respect to whom an application under the Guardianship Act is made is not the applicant, he shall not, unless the Court otherwise directs, be made a respondent to the summons or, if the application is made by ordinary summons be served with the summons, but; subject to paragraph (2) any other person appearing to be interested in, or affected by, the application shall be made a respondent or be served with the summons, as the case may be.

• (2) The Court may dispense with service of the summons (whether originating or ordinary) on any person and may order it to be served on any person not originally served.

[E.r. 6]

Guardianship proceedings may be in chambers

8

Applications under the Guardianship Act may be disposed of in chambers.

[E.r. 7]

Jurisidiction of the Master

9

• (1) In proceedings to which this Order applies the Master may transact all such business and exercise all such authority and jurisdiction as may be transacted and exercised by a judge in chambers.

• (2) Paragraph (1) is without prejudice to the power of the judge to whom the business of the Family Division has been assigned pursuant to section 17 of the Act to reserve to himself the transaction of any such business or the exercise of any such authority or jurisdiction.

[E.r. 12]

ORDER 85 — ADMINISTRATION AND SIMILAR ACTIONS

Assignment to Chancery Division, etc.

1

The following proceedings, namely—

• (a) any case stated for the opinion of the High Court under section 13 of the Stamp Act 1891⁹⁸;

• (b) any appeal to the High Court under section 53 or 100 of the Taxes Management Act 1970⁹⁹ or paragraph 7(3), 32(3) or 35(2) of Schedule 4 to the Finance Act 1975¹⁰⁰ or any application, for leave to appeal under the said paragraph 7(3)

shall be assigned to the Chancery Division.

[E.r. 1]

Appeal under paragraph 7 of Schedule 4 to the Finance Act 1975

2

• (1) Order 55 shall not apply in relation to an appeal to the High Court under paragraph 7(3) of Schedule 4 to the Finance Act 1975.

• (2) Such an appeal must be brought by originating summons which must—

• (a) state the date on which the Commissioners of Inland Revenue (in this rule referred to as the “Board”) gave notice to the appellant under paragraph 6 of the said Schedule of the determination which is the subject of this appeal;

• (b) state the date on which the appellant gave to the Board notice of appeal under paragraph 7(1) of the said Schedule and, if the notice was not given within the time limited, whether the Board or the Special Commissioners have given consent to the appeal being brought out of time and, if they have, the date on which it was given, and

• (c) either state that the appellant and the Board have agreed that the appeal may be to the High Court or contain an application for leave to appeal to the High Court.

• (3) At the time of issuing the originating summons the appellant shall lodge in the Chancery Office—

• (a) two copies of the notice referred to in paragraph (2)(a);

• (b) two copies of the notice of appeal referred to in paragraph (2)(b); and

• (c) where the originating summons contains an application for leave to appeal, an affidavit setting out the grounds on which it is alleged that the matters to be decided on the appeal are likely to be substantially confined to questions of law.

• (4) The originating summons must be issued and served on the Board within 30 days of the date on which the appellant gave to the Board notice of appeal under paragraph 7(1) of the said Schedule or, if the Board or the Special Commissioners have given consent to the appeal being brought out of time, within 30 days of the date on which such consent was given.

• (5) No appearance need be entered to the originating summons, but it must specify a date of hearing being not less than 40 days from the issue of the summons.

• (6) Where the originating summons contains an application for leave to appeal to the High Court, a copy of the affidavit lodged pursuant to paragraph (3)(c) shall be served on the Board with the originating summons and the Board may, within 30 days after service, lodge in the Chancery Office an affidavit in answer and a copy of any such affidavit shall be served by the Board on the appellant.

• (7) Except with the leave of the Court, an appellant shall not be entitled on the hearing of an appeal to rely on any grounds of appeal not specified in the notice referred to in paragraph (2)(b).

[E.r. 2]

Case stated: notice to be given of certain matters

3

Not less than 10 days before the hearing of such a case as is mentioned in rule 1(a) either party must give notice to the other of any point which he intends to take at the hearing and which might take the other party by surprise and leave at the Chancery Office two copies of the notice for the use of the Court.

[E.r. 4]

Appeals under ss. 53 and 100 of Taxes Management Act 1970 and paragraphs 32(3) and 35(2) of Schedule 4 to the Finance Act 1975

4

• (1) The notice of an originating motion by which an appeal under section 53 or 100 of the Taxes Management Act 1970 or paragraph 32(3) or 35(2) of Schedule 4 to the Finance Act 1975 is brought must be issued out of the Chancery Office.

• (2) The persons to be served with the notice are the General or Special Commissioners against whose decision or award the appeal is brought and—

• (a) in the case of an appeal brought under section 100 of the Taxes Management Act 1970 or paragraph 32(3) of Schedule 4 to the Finance Act 1975 by any party other than the defendant in the proceedings before the Commissioners, that defendant;

• (b) in any other case, the Commissioners of Inland Revenue.

• (3) Order 55, rules 14(2) and 15(1), shall apply in relation to any such appeal as if for the period of 21 days therein specified there were substituted a period of 30 days.

• (4) Within 30 days after the service on them of notice of the originating motion by which any such appeal is brought, the General or Special Commissioners, as the case may be, must lodge in the Chancery Office two copies of a note of their findings and of the reasons for their decision or award and must serve a copy of the note on every other party to the appeal.

• (5) Any document required or authorised to be served on the General or Special Commissioners in proceedings to which this rule relates may be served by delivering or sending it to their clerk.

[E.r. 5.]

ORDER 86 — ACTIONS FOR SPECIFIC PERFORMANCE, ETC.: SUMMARY JUDGMENT

Payment into court by life assurance company

1

• (1) A company wishing to make a payment into court under the Life Assurance Companies (Payment into Court) Act 1896¹⁰¹ (hereinafter referred to as “the Act of 1896”) must file an affidavit, made by its secretary or other authorised officer, setting out—

• (a) a short description of the policy in question and a statement of the persons entitled thereunder with their names and addresses so far as known to the company,

• (b) a short statement of the notices received by the company claiming an interest in or title to the money assured, or withdrawing any such claim, with the dates of receipt thereof and the names and addresses of the persons by whom they were given,

• (c) a statement that, in the opinion of the board of directors of the company, no sufficient discharge can be obtained otherwise than by payment into court under the Act of 1896,

• (d) the submission by the company to pay into court such other sum, if any, as the Court may direct and to pay any costs ordered by the Court to be paid by the company.

• (e) an undertaking by the company forthwith to send to the Accountant General any notice of claim received by the company after the making of the affidavit with a letter referring to the title of the affidavit, and

• (f) an address where the company may be served with any summons or order, or notice of any proceeding, relating to the money paid into court.

• (2) The company shall not deduct from the money payable by them under the policy any costs of or incidental to the payment into court.

• (3) No payment shall be made into court under the Act of 1896 where any action to which the company is a party is pending in relation to the policy or moneys thereby assured except with the leave of the Court to be obtained by summons in the action.

• (4) Unless the Court otherwise directs, a summons by which a claim with respect to money paid into court under the Act of 1896 is made shall not, except where the summons includes an application for payment of a further sum of costs by the company who made the payment, be served on that company, but it must be served on every person who appears by the affidavit on which the payment into court was made to be entitled to, or interested in, the money in court or to have a claim upon it or who has given a notice of claim which has been sent to the Accountant General in accordance With the undertaking referred to in rule 1(1)(e).

[E.r. 1]

Payment into court under Trustee Act (Northern Ireland) 1958

2

• (1) Subject to paragraph (2), any trustee wishing to make a payment into court under section 63 of the Trustee Act (Northern Ireland) 1958¹⁰² must make and file an affidavit setting out—

• (a) a short description of the trust and of the instrument creating it or, as the case may be, of the circumstances in which the trust arose,

• (b) the names of the persons interested in or entitled to the money or securities to be paid into court with their addresses so far as known to him,

• (c) his submission to answer all such inquiries relating to the application of such money or securities as the Court may make or direct, and

• (d) an address where he may be served with any summons or order, or notice of any proceedings, relating to the money or securities paid into court.

• (2) Where the money or securities represents a legacy, or residue or any share thereof, to which a minor or a person resident outside the United Kingdom is absolutely entitled, no affidavit need be filed under paragraph (1) and the money or securities may be paid into court in the manner prescribed by court funds rules made under section 82 of the Act.

[E.r. 2]

Payment into court under War Damage Act 1943

3

Where the Commissioners of Inland Revenue wish to make a payment into court under section 33(1) of the War Damage Act 1943¹⁰³ in respect of war damage to a hereditament, they shall cause an affidavit to be made and filed setting out—

• (a) short particulars of the hereditament;

• (b) the name and address of any person who has claimed a payment in respect of war damage to the hereditament or a share of such payment, and

• (c) the grounds on which the Commissioners wish to make the payment into court.

[E.r. 3]

Notice of lodgment

4

Any person who has lodged money or securities in court in accordance with rule 1, 2 or 3 must forthwith send notice of the lodgment to every person appearing from the affidavit on which the lodgment was made to be entitled to, or to have an interest in, the money or securities lodged.

[E.r. 4]

Applications with respect to funds in court

5

• (1) Where an application to the High Court—

• (a) for the payment or transfer to any person of any funds in court standing to the credit of any cause or matter or for the transfer of any such funds to a separate account or for the payment to any person of any dividend of or interest on any securities or money comprised in such funds;

• (b) for the investment, or change of investment, of any funds in court;

• (c) for payment of the dividends of or interest on any funds in court representing or comprising money or securities lodged in court under any enactment, or

• (d) for the payment or transfer out of court of any such funds as are mentioned in sub-paragraph (c);

is made in the Chancery Division the application may be disposed of in chambers.

• (2) Subject to paragraph (3), any such application made in the Chancery Division must be made by summons and, unless the application is made in a pending cause or matter or an application for the same purpose has previously been made by petition or originating summons, the summons must be an originating summons.

• (3) Where an application under paragraph 1(d) is required to be made by originating summons, then, if the funds to which the application relates do not exceed £500 in value the application may be made ex parte to the Master who may dispose of the application or may direct it to be made by originating summons.

Unless otherwise directed, an ex parte application under this paragraph shall be made by affidavit.

• (4) This rule does not apply to any application for an order under Order 22.

[E.r. 5]

ORDER 87 — DEBENTURE HOLDERS’ ACTIONS: RECEIVER’S REGISTER

Appeals, applications etc. under various enactments

1

• (1) Any appeal, application or reference to the High Court under any of the enactments referred to in paragraph (2), whether it is for the decision or opinion of the Court shall be assigned to the Chancery Division.

• (2) The enactments are:—

• (a) section 55 of the National Debt Act 1870¹⁰⁴,

• (b) the Land Purchase Acts,

• (c) the Vendor and Purchaser Act 1874¹⁰⁵,

• (d) the Conveyancing Acts 1881 to 1911,

• (e) section 17 of the Married Women's Property Act 1882¹⁰⁶,

• (f) the Settled Land Acts 1882 to 1890,

• (g) the Trade Union Act 1913¹⁰⁷,

• (h) the Trustee Act (Northern Ireland) 1958¹⁰⁸,

• (i) the Charities Act (Northern Ireland) 1964[^f00113],

• (j) the Building Societies Act (Northern Ireland) 1967¹⁰⁹,

• (k) the Industrial and Provident Societies Act (Northern Ireland) 1969¹¹⁰,

• (l) section 7(3) of the Public Order Amendment Act (Northern Ireland) 1970¹¹¹,

• (m) the Land Registration Act (Northern Ireland) 1970¹¹²,

• (n) the Friendly Societies Act (Northern Ireland) 1970¹¹³,

• (o) the Industrial Assurance (Northern Ireland) Order 1979¹¹⁴.

• (3) At any stage of the proceedings on an appeal under the enactments mentioned in paragraph (2) (g) (j) (k) (m) (n) and (o) the Court may direct that notice of the originating motion by which the appeal is brought be served on any person or may direct that notice be given by advertisement or otherwise of the bringing of the appeal, the nature thereof and the time when it will or is likely to be heard or may give such other directions as it thinks proper for enabling any person interested in the trade union, alleged trade union, society, or industrial assurance company concerned or in the subject matter of the appeal to appear and be heard on the appeal.

• (4) An application for directions under paragraph (3) may be made by either party to the appeal by summons to the Judge in Chambers.

[E.rr. 4, 10 and 12]

Notice of petition under section 55 of National Debt Act 1870

2

Where a petition is presented under section 55 of the National Debt Act 1870 the petitioner must, before the petition is heard, apply to the Chancery Judge in chambers for directions with respect to giving notice of the claim to which the petition relates, and the judge may direct that notice thereof be given by advertisement or in such other manner as he may direct or may dispense with the giving of such notice.

[E.r. 1]

Applications under section 57 of the Trustee Act (Northern Ireland) 1958

3

In addition to any other persons who are necessary and proper defendants to the originating summons by which an application under section 57 of the Trustee Act (Northern Ireland) 1958 is made, the settlor and any other person who provided property for the purposes of the trusts to which the application relates must, if still alive and not the plaintiff, be made a defendant unless the Court for some special reason otherwise directs.

[E.r. 6(2)]

Application under section 7(3) of Public Order (Amendment) Act (Northern Ireland) 1970

4

• (1) Where an application is made to the High Court under section 7(3) of the Public Order (Amendment) Act (Northern Ireland) 1970 the persons to be made defendants to the originating summons by which such an application is made shall be such persons as the Attorney General may determine.

• (2) In the absence of other sufficient representation the Court may appoint the Official Solicitor to represent any interests which in the opinion of the Court ought to be represented on any inquiry directed by the Court under the said section 7(3).

[E.r. 5]

Appeal under Article 18 of the Industrial Assurance (Northern Ireland) Order 1979

5

• (1) An application to the Court for leave to appeal under Article 18 of the Industrial Assurance (Northern Ireland) Order 1979 against a direction of the Industrial Assurance Commissioner for Northern Ireland under Article 18(3) of that Order must be made within 21 days after the date of the Commissioner's direction.

• (2) An application for the grant of such leave must be made in chambers ex parte by an affidavit stating the material facts, the effect of the Commissioner's direction, the grounds on which the application is made and that the deponent is advised and believes that the applicant has good grounds for appealing.

• (3) No order under this rule granting leave to appeal shall be drawn up but the Master shall indorse oh the notice of originating motion by which the appeal is brought a note signed by him stating that leave to appeal was granted by the Court and the date on which it was granted.

A copy of such note shall appear on any copy of such notice served on a respondent to the appeal.

• (4) Notice of the originating motion by which the appeal is brought must be served, and the appeal entered within 28 days after leave to appeal was granted.

[E.r. 11]

ORDER 88 — MORTGAGE ACTIONS

[No Order made]

ORDER 89 — CO-ORDINATION OF EXERCISE OF JURISDICTION IN RELATION TO PERSONS UNDER DISABILITY

Rectification of register

1

• (1) Every application to the Court under section 14 of the Bills of Sale (Ireland) Act 1879¹¹⁵ for an order—

• (a) that any omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed by that Act be rectified by extending the time for such registration, or

• (b) that any omission or mis-statement of the name, residence or occupation of any person be rectified by the insertion in the register of his true name, residence or occupation,

must be made by affidavit ex parte to the Master.