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

1

These Rules may be cited as the Rules of the Court of Judicature (Northern Ireland) 1980.

[ The overriding objective

1A

• (1) The overriding objective of these Rules is to enable the Court to deal with cases justly.

• (2) Dealing with a case justly includes, so far as is practicable—

• (a) ensuring that the parties are on an equal footing;

• (b) saving expense;

• (c) dealing with the case in ways which are proportionate to —

• (i) the amount of money involved;

• (ii) the importance of the case;

• (iii) the complexity of the issue; and

• (iv) the financial position of each party;

• (d) ensuring that it is dealt with expeditiously and fairly; and

• (e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

• (3) The Court must seek to give effect to the overriding objective when it—

• (a) exercises any power given to it by the Rules; or

• (b) interprets any rule.].

• (4) ⁶ Paragraph (3) above shall apply subject to the provisions in [⁷ Order 116A, rule 2(1), Order 116B, rule 2(1) [⁸, Order 116C, rule 2(1) and Order 126 rule 2(1)].

Application

2

• (1) Subject to the following provisions of this rule, these shall have effect in relation to all proceedings in the Court of Judicature.

• (2) ⁹ These Rules, other than Part II of this Order and Order 4, Order 59 and Order 62 shall not have effect in relation to —

• (a) proceedings under the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

• (b) matrimonial proceedings [¹⁰ and proceedings under the Civil Partnership Act 2004 ¹¹].

• (2A) These Rules, other than Part II of this Order, shall not have effect in relation to—

• (a) proceedings under Part VIII of the Companies (Northern Ireland) Order 1986¹²;

• (b) proceedings under Part XX and XXI of the Companies (Northern Ireland) Order 1986;

• (c) proceedings under Part II of the Companies (Northern Ireland) Order 1989¹³;

• (d) proceedings under the Insolvency (Northern Ireland) Order 1989¹⁴;

• (3) These Rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62 or Order 79 applies.

• (4) In any case of the proceedings mentioned in [¹⁵ paragraphs (2), 2A and 3] nothing in those paragraphs shall be taken as affecting any provisions of any rules (whether made under the Act or any other statutory provision) by virtue of which these Rules or any provisions thereof are applied in relation to any of those proceedings.

Definitions

3

• (1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them namely—

• “the Act” means the Judicature (Northern Ireland) Act 1978¹⁶;

• “an action for personal injuries” means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a persons’ death, and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition;

• [¹⁷ “cause book” means the book or other record kept in the Central or other Supreme Court Office in which the number of, and other details relating to, a cause or matter are entered”;]

• “Central Office” means the Central Office of the Supreme Court;

• ...

• [¹⁸ “FAX” means the making of a facsimile copy of a document by the transmission of electronic signals;]

• [¹⁹ “Long Vacation” means the interval between 30th June and 5th September;]

• “master” means a master or registrar of the Supreme Court mentioned in the first column of Schedule 3 to the Act other than the Master (Taxing Office);

• “the matrimonial cause rules” means rules made under Article 54 of the Matrimonial Causes (Northern Ireland) Order 1978²⁰

• “originating summons” means every summons other than a summons in a pending cause or matter;

• “pleading” does not include a writ (except a statement of claim endorsed thereon), a petition, summons or preliminary act;

• “probate action” has the meaning assigned to it by Order 76;

• “receiver” includes a manager or consignee;

• “vacation” means the interval between the end of any of the sittings mentioned in Order 64 rule 1, and the beginning of the next sittings,

• “writ” means a writ or summons.

• (2) In these Rules, unless the context otherwise requires, “the Court” means the High Court or any one or more judges thereof whether sitting in court or in chambers or any master, but the foregoing provision shall not be taken as affecting any provision of these Rules or, in particular, Order 32 rule 11, by virtue of which the jurisdiction of a master is defined and regulated.

Construction of references to Order, Rules etc,

4

• (1) Unless the context otherwise requires, any reference in these Rules to a specified Order, rule or Appendix is a reference to that Order or rule of or that Appendix to, these Rules and any reference to a specified rule, paragraph or subparagraph is a reference to the rule of the Order, that paragraph of the rule, or that sub-paragraph of the paragraph in which the reference occurs.

• (2) Any reference in these Rules to anything done under a rule of these Rules includes a reference to the same thing done before the commencement of that rule under any corresponding rule of court ceasing to have effect on the commencement of that rule.

• (3) Except where the context otherwise-requires, any reference in these Rules to any statutory provision shall be construed as a reference to that provision as amended, extended or applied by or under any other statutory provision.

Construction of references to action, etc. for possession of land

5

Except where the context otherwise requires, references in these Rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Crown for an order declaring that the plaintiff is entitled as against the Crown to the land or to the possession thereof.

Construction for references to Lord Chief Justice

6

For references in these Rules to the Lord Chief Justice there shall be substituted references to the senior Lord Justice of Appeal in relation to any period during which the functions of the Lord Chief Justice are being exercised by the [²¹ senior Lord Justice of Appeal] pursuant to section 11 of the Act.

Construction of certain references to the Treasury [obsolete]

7

Any reference in these Rules to the Treasury shall, where the reference occurs in a provision relating to the giving of permission by the Treasury under the Exchange Control Act 1947 for the payment of money, be construed as including a reference to any person to whom the power of the Treasury to give such permission has been duly delegated.

Forms

8

The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.

Rules not to exclude conduct of business by post

9

Nothing in these Rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post.

[ Choice of Division by plaintiff

12A

• (1) Without prejudice to the power of transfer under Order 4 rules 1 or 2, the person by whom any cause or matter is commenced in the High Court shall allocate it to whatever division he thinks fit by marking the document by which the cause or matter is commenced with the name of that Division.

• (2) All interlocutory or other steps or proceedings taken in a cause or matter shall be taken in the Division in which the cause or matter is for the time being allocated or transferred.

• (3) The fact that a cause or matter falls within a class of business assigned by these Rules to a particular Division does not make it obligatory for it to be allocated to that Division.]

[ PART III — MEDIATION

Interpretation

19

• (1) In this Part of this Order—

• (a) “an ADR” process means mediation, conciliation or another dispute resolution process approved by the Court, but does not include arbitration; and

• (b) “party” includes the personal representative of a deceased party.

Adjournment of proceedings for the purposes of ADR

20

• (1) The Court, on the application of any of the parties or of its own motion, may, when it considers it appropriate and having regard to all the circumstances of the case, order that proceedings or any issue therein be adjourned for such time as the Court considers just and convenient and—

• (a) invite the parties to use an ADR process to settle or determine the proceedings or issue; or

• (b) where the parties consent, refer the proceedings or issue to such process, and may, for the purposes of such invitation or reference, invite the parties to attend such information session on the use of mediation, if any, as the Court may specify.

• (2) Where the parties decide to use an ADR process, the Court may make an order extending the time for compliance by any party with any provision of these Rules or any order of the Court in the proceedings, and may make such further or other orders or give such directions as the Court considers will facilitate the effective use of that process.

Application for order under rule 20

21

An application by a party for an order under rule 20 shall be made by notice of motion and shall, unless the Court otherwise orders, be supported by an affidavit.

Time limit for application under rule 20

22

Save where the Court for special reason to be stated in the Court’s order allows, an application for an order under rule 20 shall not be made later than 56 days before the date on which the proceedings are first listed for hearing.]

1

• (1) Where, in beginning of purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.

• (2) Subject to paragraph (3), the Court may, on the ground that there has been such a failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.

• (3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these Rules to be begun by an originating process other than the one employed.

2

• (1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

• (2) An application under this rule may be made by summons or motion and the grounds of objection must be stated in the summons or notice of motion.

1

Without prejudice to section 5 of the Interpretation Act 1978⁸⁵ in its application to these Rules, the word “month”, where it occurs in any judgment, order, direction or other document forming part of any proceedings in the Supreme Court, means a calendar month less the context otherwise requires.

2

• (1) Any period of time fixed by these Rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.

• (2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.

• (3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.

• (4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

• (5) Where, apart from this pargraph, the period in question, being a period of 7 days or less, would include a Saturday, Sunday or bank holiday, Christmas Day or Good Friday, that day shall be excluded.

• (6) In paragraph (5) “bank holiday” means a day which is, or is to be observed as, a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971⁸⁶.

3

Unless the Court otherwise directs, the period of the Long Vacation shall be excluded in reckoning any period prescribed by these Rules or by any order or direction for serving, filing or amending any pleading.

4

Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act at an office of the Supreme Court expires on a day on which that office is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which that office is open.

5

• (1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorised by these Rules, or by any judgment, order or direction, to do any act in any proceedings.

• (2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.

• (3) The period, within which a person is required by these Rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.

• (4) In this rule references to the Court shall be construed as including references to the Court of Appeal.

6

• (1) Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month’s notice of his intention to proceed.

• (2) Where two years or more have elapsed since the last proceeding in a cause or matter the defendant may apply to the Court by summons to dismiss the same for want of prosecution.

• (3) A motion or summons on which no order was made is not a proceeding for the purpose of this rule.

1

• (1) A cause or matter may, at any stage of the proceedings therein, be transferred from one Division to another by order of the Court made in the Division in which the cause or matter is proceeding.

• (2) ⁸⁷ The fact that a cause or matter falls within a class of business assigned by these Rules to a particular Division does not make it obligatory for it to be transferred to that Division].

[ Transfer of proceedings after making of order for administration of estate

2

Where an order for the administration under the direction of the Court of the estate of a deceased person is made in the Chancery Division, then, notwithstanding anything in rule 1, the Chancery Judge may order transfer to that Division any pending cause or matter brought by or against the executors or administrators of that person and assigned to some other Division.]

3

Any judge who consents to do so may by arrangement with the Lord Chief Justice or the judge before whom a cause or matter is pending or to whom it has been assigned, hear such cause or matter or any part thereof or application therein.

4

• (1) Subject to paragraph (2), all such transfers and arrangements as are mentioned in this Order may be made with or without the application or consent of any party.

• (2) Before a cause or matter is transferred from one Division to another the parties must be given an oppotunity of being heard.

[ Consolidation etc. of causes or matters

5

• (1) Where two or more causes or matters are pending in the same Division and it appears to the Court—

• (a) that some common question of law or fact arises in both or all of them, or

• (b) that rights to relief claimed therein are in respect of or arise out of the same transactions of or series of transaction, or

• (c) that for some other reason it is desirable to make an order under this rule

the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time or immediately after another or may order them to be stayed until after the determination of any other of them.

• (2) Where the Court makes an order under paragraph (1) that two or more causes or matters are to be tried at the same time but no order is made for those causes or matters to be consolidated, then, a party to one of those causes or matters may be treated as if he were a party to any other of those causes or matters for the purpose of making an order for costs against him or in his favour.]

1

Subject to the provisions of any statutory provision or of these Rules, civil proceedings in the High Court may be begun by writ, originating summons, originating motion or petition.

2

Subject to the provisions of any statutory provision or of these Rules, by virtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceedings must, notwithstanding anything in rule 4, be begun by writ, that is to say, proceedings—

• (a) in which a claim is made by the plaintiff for any relief or remedy for any tort, other than trespass to land;

• (b) in which a claim made by the plaintiff is based on an allegation of fraud;

• (c) in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statutory provision or independently of any contract or any such provision), where the damages claimed consist of or include damages in respect of the death of any person or in respect of personal injuries to any person or in respect of damage to any property;

• (d) in which a claim is made by the plaintiff in respect of the infringement of a patent.

3

• (1) Proceedings by which an application is to be made to the High Court or a judge thereof under any statutory provision must be begun by originating summons except where by these Rules or by or under any statutory provision the application in question is expressly required or authorised to be made by some other means.

• (2) This rule does not apply to an application made in pending proceedings.

Proceedings which may begun by writ or originating summons

4

• (1) Except in the case of proceedings which by these Rules or by or under any statutory provision are required to begun by writ or originating summons or are required or authorised to be begun by originating motion or petition, proceedings may be begun either by writ or originating summons as the plaintiff considers appropriate.

• (2) Proceedings—

• (a) in which the sole or principal question at issue is, or is likely to be, one of the construction of a statutory provision or of any instrument made under a statutory provision or of any deed, will, contract, or other document, or some other question of law, or

• (b) in which there is unlikely to be any substantial dispute of fact,

are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgement under Order 14 or Order 86 or for any other reason considers the proceedings more appropriate to be begun by writ.

5

Proceedings may be begun by originating motion or petition if, but only if, by these Rules or by under any statutory provision the proceedings in question are required or authorised to be so begun.

6

• (1) Subject to paragraph (2) and to Order 80 rule 2, any person (whether or not he sues as a trustee or personal representative or in any other representative capacity) may begin and carry on proceedings in the High Court by a solicitor or in person.

• (2) ⁹⁰ Except as provided by paragraph (3), or under any other statutory provision, a body corporate may not begin or carry on any such proceedings otherwise than by a solicitor.]

• (3) ⁹¹ A body corporate may begin and carry on any such proceedings by an employee if—

• (a) the employee has been authorised by the body corporate to begin and carry on proceedings on its behalf; and

• (b) the Court grants leave for the employee to do so.]

1

Every writ must be in Form No. 1, 2, 3 or 4 in Appendix A, as is appropriate.

2

Before a writ is issued it must be indorsed—

• (a) with a statement of claim or, if the statement of claim is not indorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required, in the action begun thereby;

• (b) where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for appearing, the defendant pays. the amount so claimed to the plaintiff or his solicitor;

• (c) where the claim made by the plaintiff is for possession of land, with a statement showing—

• (i) whether the claim relates to a dwelling-house; and

• (ii) if it does, whether the dwelling-house is one to which Part III of the Rent (Northern Ireland) Order 1978⁹², applies;

• (d) where the action is brought to enforce a right to recover possession of goods, with a statement showing the value of the goods.

[ Claim for interest on a debt or liquidated demand under s.33A of the Act

2A

Where a plaintiff claims interest on a debt or liquidated demand under section 33A of the Act the indorsement on the writ must state:

• (a) that the plaintiff claims interest under section 33A of the Act;

• (b) the rate of interest claimed and the amount of interest claimed from the date from which interest is claimed to a date not later than the date of issue of the writ; and

• (c) any claim for further interest at the said rate from the date to which interest is already claimed to judgment or sooner payment.

Claim for contractual interest

2B

Where a plaintiff claims interest under a contract, the indorsement on the writ must give particulars of the contract relied on and, in particular must show:

• (a) the date from which interest is payable;

• (b) the rate or rates of interest fixed by the contract;

• (c) the amount of interest due at a date not later than the date of issue of the writ; and

• (d) any claim for further interest at the contract rate from the date to which interest is already claimed to judgment or sooner payment.

Claim for interest under the Bills of Exchange Act 1882

2C

Where a plaintiff claims interest under section 57 of the Bills of Exchange Act 1882, the indorsement on the writ must state the date of dishonour of the bill of exchange, the rate of interest claimed and the amount of interest due at a date not later than the date of issue of the writ and must claim this interest and any further interest until judgment or sooner payment.]

[ Claim for statutory interest under the late Payment of Commercial Debts (Interest) Act 1998

2D

Where a plaintiff claims statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998⁹⁵, the endorsement on the writ must give particulars of the contract relied on and, in particular, must show:

• (a) that it is a claim for statutory interest under the Act;

• (b) the date from which the interest is payable;

• (c) the rate of statutory interest applicable to the claim;

• (d) the amount of interest due at a date not later than the date of the issue of the writ; and

• (e) any claim for further statutory interest from the date to which interest is already claimed to judgment or sooner payment.]

Indorsement as to capacity

3

Before a writ is issued it must be indorsed—

• (a) where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues;

• (b) where a defendant is sued in a representative capacity, with a statement of the capacity in which he, is sued.

Indorsement as to solicitor and address

4

• (1) Before a writ is issued it must be indorsed—

• (a) where the plaintiff sues by a solicitor, with the plaintiffs address and the solicitor’s name or firm add a business address of his within the jurisdiction [⁹⁶or another part of the United Kingdom] ...;

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) where the plaintiff sues in person, with the address of his place of residence and, if his place of residence is not within the jurisdiction [⁹⁶ or another part of the United Kingdom ...] or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent.

• (2) The address for service of a plaintiff shall be—

• (a) where he sues by a solicitor [⁹⁶ ... nominated to accept service], the business address of the solicitor indorsed on the writ;

• (b) where he sues in person, the address within the jurisdiction [⁹⁶ or another part of the United Kingdom ...] indorsed on the writ.

• (3) Where a solicitor’s name is indorsed on a writ, he must, if any defendant who has been served with or who has entered an appearance to the writ requests him in writing so to do, declare in writing whether the writ was issued, by him or with his authority or privity.

• (4) If a solicitor whose name is indorsed on a writ declares in writing that the writ was not issued by him or with his authority or privity, the Court may on the application of any defendant who has been served with or who has entered an appearance to the writ, stay all proceedings in the action begun by the writ.

Concurrent writ

5

• (1) One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid.

• (2) Without prejudice to the generality of paragraph (1), a writ for service within the jurisdiction may be issued as a concurrent writ with one which, or notice of which, is to be served out of the jurisdiction and a writ which, or notice of which, is to be served out of the jurisdiction may be issued as a concurrent writ with one for service within the jurisdiction.

• (3) A concurrent writ is a true copy of the original with such differences (if any) as are necessary having regard to the purpose for which the writ is issued.

Issue of writ

6

• (1) ⁹⁷ No writ or notice of writ which is to be served out of the jurisdiction shall be issued without the leave of the court unless it complies with the following conditions, that is to say—

• (a) each claim made by the writ is either—

• (i) one which by virtue of the Civil Jurisdiction and Judgments Act 1982 the Court has power to hear and determine, or

• (ii) one which by virtue of any other statutory provision the Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction; and

• (b) where a claim made by the writ is one which the Court has power to hear and determine by virtue of the Civil Jurisdiction and Judgments Act 1982, the writ is indorsed before it is issued with a statement that the Court has power under the Act to hear and determine the claim, and that no proceedings involving the same cause of action are pending between parties in England and Wales or Scotland .]

• (2) A writ by which proceedings assigned to the Chancery Division are begun must be issued out of the Chancery Office.

• (3) Subject to paragraph (2) and to Order 76, rule 2, a writ must be issued out of the Central Office.

• (4) Issue of a writ takes place upon its being sealed by an officer of the office out of which it is issued.

• (5) A concurrent writ must be marked “concurrent” with an official seal and bear the date of issue.

• (6) No writ shall be sealed unless at the time of the tender thereof for sealing the person tendering it leaves at the office at which it is tendered a copy thereof signed, where the plaintiff sues in person, by him or, where he does not so sue, by or on behalf of his solicitor.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration and renewal of writ

7

• (1) For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for 12 months beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.

• (2) Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 12 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow.

• (3) Before a writ, the validity of which has been extended under this rule, is served, it must be sealed with a seal showing a period for which the validity of the writ has been so extended.

• (4) Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order.

1

The provisions of this Order apply to all originating summonses subject in the case of originating summonses of any particular class to any special provisions relating to originating summonses of that class made by theses Rules or by or under any statutory provision.

Form of summonses, etc.

2

• (1) Every originating summons must be in Form 6, 7, 8 [⁹⁸, 9 or 9A)] in Appendix A, whichever is appropriate.

• (2) The party taking out an originating summons (other than a summons under [⁹⁹ Part II of] Order 90 [¹⁰⁰, Order 93A] or an exparte summons) shall be described as a plaintiff and the other parties shall be described as defendants.

3

• (1) Every originating summons must include a statement of the questions on which the plaintiff seeks the determination or direction of the High Court or, as the case may be, a concise statement of the relief or remedy claimed in the proceedings begun by the originating summons with sufficient particulars to identify the cause or causes of action in respect of which a plaintiff claims that relief or remedy.

• (2) Order 6, rules 3 and 4, shall apply in relation to an originating summons as they apply in relation to a writ.

4

Order 6, rule 5, shall apply in relation to an originating summons as it applied in relation to a writ.

5

• (1) Except where otherwise expressly provided by these Rules, an originating summons must be issued out of the Central Office or, in the case of an originating summons by which proceedings assigned to the Chancery Division are begun, the Chancery Office [¹⁰² or the Bankruptcy and Companies Office where the business has been assigned to that Office.]

• (2) Order 6, rule 6, paragraphs (1), (4), (5) and (6) shall apply in relation to an originating summons as it applies in relation to a writ.]

6

Order 6, rule 7, shall apply in relation to an originating summons as it applied in relation to a writ.

7

• (1) Rules 2(1), 3(1) and 5 shall, so far as applicable, apply to ex parte originating summonses; but, save as forsaid, the foregoing rules of this Order shall not apply to ex parte originating summonses.

• (2) Order 6, rule 6(2), (3), (4) and (6) shall, with the necessary modifications, apply in writing to an ex parte originating summons as the apply in relation to a writ.

1

The provisions of this Order apply to all motions subject, in the case of originating motions of any particular class, to any special provisions relating to motions of that class made by these Rules or by or under any statutory provision.

2

• (1) Except where an application by motion may properly be made ex parte, no motion shall be made without previous notice to the parties affected thereby, but the Court. if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief may make an order ex parte on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside.

• (2) Unless the Court gives leave to the contrary, there must be at least 2 clear days between the service of notice of a motion and the day named in the notice for hearing the motion.

3

• (1) The notice of an originating motion must be in Form No. 11 in Appendix A and the notice of any other motion in Form No. 27 in that Appendix.

Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice.

• (2) The notice of a motion must include a concise statement of the nature of the claim or the relief or remedy required.

• (3) Order 6, rule 4, shall, with the necessary modifications, apply in relation to notice of an originating motion as it applies in relation to a writ.

• (4) An originating motion, by which proceedings assigned to the Chancery Division are begun, must be issued out of the Chancery Office [¹⁰³ or the Bankruptcy and Companies Office where the business has been assigned to that Office.]

• (5) Subject to paragraph [¹⁰⁴ (4)], an originating motion must be issued out of the Central Office.

• (6) Issue of every notice of motion takes place upon its being sealed by an officer of the office out of which it is issued.

4

Notice of a motion to be made in an action may be served by the plaintiff on the defendant with the writ of summons or originating summons or any time after service of such writ or summons, whether or not the defendant has entered an appearance in the action.

5

The hearing of any motion may be adjourned from time to time on such terms, if any, as the Court thinks fit.

1

Rules 2 and 3 apply to petition by which civil proceedings in the High Court are begun,, subject, in the case of petitions of any particular class, to any special provisions relating to petitions of that class made by these Rules or by or under any statutory provision.

2

• (1) Every petition must include a concise statement of the nature of the claim made and the relief or remedy required in the proceedings begun thereby.

• (2) Every petition must include at the end thereof a statement of the names of the persons, if any, required to be served therewith or, if no person is required to be served, a statement to that effect.

• (3) Order 6, rule 4, shall, with the necessary modifications, apply in relation to a petition as it applies in relation to a writ.

3

Save where otherwise expressly provided by these Rules a petition may be presented by lodging it in the Chancery Office.

4

Unless the Court otherwise directs, a petition which is required to be served on any person must be served on him not less than 7 days before the day fixed for the hearing of the petition.

5

No application in any cause or matter may be made by petition.

1

• (1) ¹⁰⁵ Subject to the provisions of these Rules or any statutory provision a writ must be served personally on each defendant by the plaintiff or his agent.]

• (2) A writ for service on a defendant within the jurisdiction may, instead of being served personally on him, be served—

• (a) by sending a copy of the writ by ordinary first-class post to the defendant at his usual or last known address, or

• (b) if there is a letter box for that address, by inserting through the letter box a copy of the writ enclosed in a sealed envelope addressed to the defendant.

In sub-paragraph (a) ‘first-class post’ means first-class post which has been prepaid or in respect of which prepayment is not required.

• (3) Where a writ is served in accordance with paragraph (2)—

• (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 or, as the case may be, inserted through the letter box for the address in question;

• (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, or, as the case may be, inserted through the letter box for, the address in question, will have come to the knowledge of the defendant within 7 days thereafter; and