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

• (ii) in the case of service by post, the copy of the writ has not been returned to the plaintiff through the post undelivered to the addressee.

• (4) Where a defendant’s solicitor indorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the indorsement was made.

• (5) Where a writ is not duly served on a defendant but he enters an unconditional appearance in the action begun by the writ, the writ shall be deemed to have been duly served on him and to have been so served on the date on which he entered the appearance.

• (6) This rule shall have effect subject to the provisions of any statutory provision and these rules and in particular to any statutory provision which provides for the manner in which documents may be served on bodies corporate.

• (7) ¹⁰⁶ Every copy of a writ for service on a defendant shall be sealed with the seal of the office of the Supreme Court out of which the writ was issued].

2

• (1) Where the Court is satisfied on an ex parte application that—

• (a) a contract has been entered into within the jurisdiction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction, and

• (b) the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate, and

• (c) at the time of the application either the agent’s authority has not been determined or he is still in business relations with his principal,

the Court may authorise service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.

• (2) An order under this rule authorising service of a writ on a defendant’s agent must limit a time within which the defendant must enter an appearance.

• (3) Where an order is made under this rule authorising service of a writ on a defendant’s agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction.

Service of a writ in pursuance of contract

3

• (1) Where—

• (a) a contract contains a term to the effect that the High Court shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the High Court has jurisdiction to hear and determine any such action, and

• (b) the contract provides that, in the event of any action in respect of the contract being begun, the process by which it is begun may be served on the defendant, or on such other person on his behalf as may be specified in the contract, in such manner, or at such place (whether within or out of the jurisdiction), as may be so specified,

then, if an action in respect of the contract is begun in the High Court and the writ by which it is begun is served in accordance with the contract, the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant.

• (2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve the writ, or notice thereof, out of the jurisdiction [¹⁰⁷ has been granted under Order 11, rule 1(1) or service of the writ or notice thereof is permitted without leave under Order 11, rule 1(2).]

[E. r. 3]

• (3) ¹⁰⁸ Where a contract contains an agreement conferring jurisdiction to which ... Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 applies and the writ or notice thereof is served under Order 11, rule 1(2) the writ or notice thereof shall be deemed to have been duly served on the defendant.]

• (4) Where a contract is one to which the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague applies and the writ or notice thereof is served under Order 11, rule 1(2)(ab) the writ or notice thereof shall be deemed to have been duly served on the defendant.

4

• (1) Where a writ is indorsed with a claim for the possession of land, service of the writ may be effected either [¹⁰⁹ in accordance with the foregoing provisions] or by delivering a copy of such writ at the defendant’s residence or place of business to the wife or husband [¹¹⁰ or civil partner] of the defendant, or to some relative of the defendant or to an employee of the defendant (the person with whom such copy shall be left being apparently over the age of 16 years), and such service as last aforesaid may be effected whether the defendant is in Northern Ireland or not.

• (2) Where a writ is indorsed with a claim for the possesion of land, the Court may—

• (a) if satisfied on an ex parte application that no person appears to be in possession of the land and that service cannot be otherwise effected on any defendant, authorise service on that defendant to be effected by affixing a copy of the writ to some conspicuous part of the land;

• (b) if satisfied on such an application that no person appears to be in possession of the land and that service could not otherwise have been effected on any defendant, order that service already effected by affixing a copy of the writ to some conspicuous part of the land shall be treated as good service on that defendant.

5

The foregoing rules of this Order shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ, and rule 1(1), (2), (3) and (4) shall, with any necessary modifications, apply in relation to an originating summons to which no appearance need be entered, a notice of an originating motion and a petition as they apply in relation to a writ.

1

• (1) Provided that the writ does not contain any claim mentioned in Order 75 rule 2(1) and is not a writ to which paragraph (2) of this rule applies, service of a writ or notice of a writ out of the jurisdiction is permissible with the leave of the Court if in the action begun by the writ—

• (a) relief is sought against a person domiciled within the jurisdiction;

• (b) an injunction is sought ordering the defendant to do or refrain from doing anything within the jurisdiction (whether or not damages are also claimed in respect of a failure to do or the doing of that thing);

• (c) the claim is brought against a person duly served within or out of the jurisdiction and a person out of the jurisdiction is a necessary or proper party thereto;

• (d) the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which—

• (i) was made within the jurisdiction, or

• (ii) was made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction, or

• (iii) is by its terms, or by implication, governed by Northern Ireland law, or

• (iv) contains a term to the effect that the High Court shall have jurisdiction to hear and determine any action in respect of the contract;

• (e) the claim is brought in respect of a breach committed within the jurisdiction of a contract made within or out of the jurisdiction, and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of the jurisdiction that rendered impossible the performance of so much of the contract as ought to have been performed within the jurisdiction;

• (f) the claim is founded on a tort and the damage was sustained, or resulted from an act committed, within the jurisdiction;

• (g) the whole subject-matter of the action is land situate within the jurisdiction (with or without rents or profits) or the perpetuation of testimony relating to land so situate;

• (h) the claim is brought to construe, rectify, set aside or enforce an act, deed, will, contract, obligation or liability affecting land situate within the jurisdiction;

• (i) the claim is made for a debt secured on immovable property, or is made to assert, declare or determine proprietary or possessory right or rights of security in or over moveable property, or to obtain authority to dispose of moveable property, situate within the jurisdiction;

• (j) the claim is brought to execute the trusts of a written instrument being trusts that ought to be executed to the law of Northern Ireland and of which the person to be served with the writ is a trustee, or for any relief or remedy which might be obtained in any such action;

• (k) the claim is made for the administration of the estate of a person who died domiciled within the jurisdiction or for any relief or remedy which might be obtained in any such action;

• (l) the claim is brought in a probate action within the meaning of Order 76;

• (m) the claim is brought to enforce any judgment or arbitral award;

• (n) the claim is brought against a defendant not domiciled in England and Wales or Scotland in respect of a claim by the [Commissioners for Her Majesty’s Revenue and Customs] for or in relation to any of the duties or taxes which have been, or are for the time being placed under their care and management;

• (o) the claim is brought under the Nuclear Installations Act 1965¹¹² or in respect of contributions under the Social Security (Northern Ireland) Act 1975¹¹³;

• (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (q) ¹¹⁴ the claim is made under the Financial Services Act 1986¹¹⁵ or the Banking Act 1987¹¹⁶;

• (r) the claim is brought for money had and received or for an account or other relief against the defendant as constructive trustee, and the defendant’s alleged liability arises out of acts committed, whether by him or otherwise, within the jurisdiction].

• (2) ... Service of a writ or notice of a writ out of the jurisdiction is permissible without the leave of the Court provided that each claim made by the writ is either:–

• (a) a claim which by virtue of the Civil Jurisdiction and Judgments Act 1982¹¹⁷ the Court has power to hear and determine, made in proceedings to which the following conditions apply—

• (i) no proceedings between the parties concerning the same cause of action are pending in the courts of any other part of the United Kingdom ..., and

• (ii) either—

• the defendant is domiciled in any part of the United Kingdom ..., or

• the proceedings begun by the writ are proceedings to which ... Schedule 4 refers, or

• the defendant is a party to an agreement conferring jurisdiction to which ... Schedule 4 to that Act applies.

• (aa) a claim which, by virtue of section 15A to section 15E of the 1982 Act, the Court has power to hear and determine, made in proceedings in which the following conditions apply—

• (i) no proceedings between the parties concerning the same cause of action are pending in the courts of any other part of the United Kingdom; and

• (ii) either—

the defendant is not a consumer but is a party to a consumer contract within section 15B(1) of the 1982 Act; or

the defendant is an employer and a party to a contract of employment within section 15C(1) of the 1982 Act; or

• (ab) a claim which, by virtue of the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague, the Court has power to determine and the defendant is a party to an exclusive choice of court agreement conferring jurisdiction on that Court within the meaning of Article 3 of that Convention;; or

• (b) a claim which by virtue of any other enactment the High 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.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where a writ or notice of a writ is to be served out of the jurisdiction the time to be inserted therein within which the defendant must enter an appearance shall be—

• (a) 21 days where the service is to be effected in England and Wales or Scotland; or

• (b) limited in accordance with the practice adopted under rule 4(4) where the service is to be effected elsewhere.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ Service of notice of writ

3

• (1) Unless service of the writ is to be effected in England and Wales, Scotland, the Isle of Man or the Channel Islands, notice of the writ and not the writ must be served.]

• (2) Notice of a writ for service out of the jurisdiction must be in Form No. 5 in Appendix A.

Application for, and grant of, leave to serve writ out of jurisdiction

4

• (1) ¹²⁰ An application for the grant of leave under rule 1(1) must be supported by an affidavit stating—

• (a) the grounds on which the application is made,

• (b) that in the deponent’s belief the plaintiff has a good cause of action,

• (c) in what place or country the defendant is or probably may be found, and

• (d) where the application is made under rule 1(1)(c), the grounds for the deponent’s belief that there is between the plaintiff and the person on whom a writ or notice of a writ has been served a real issue which the plaintiff may reasonably ask the Court to try.]

• (2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.

• (3) Where the application is for the grant of leave under rule 1 to serve a writ in England and Wales or Scotland, if it appears to the Court that there may be a concurrent remedy there, the Court, in deciding whether to grant leave, shall have regard to the comparative cost and convenience of proceeding there or in Northern Ireland, and (where that is relevant) to the powers and jurisdiction of the county courts in England and Wales or of the sheriff’s or small debts courts in Scotland.

• (4) An order granting under rule 1 [¹²¹ ...] leave to serve a writ, or notice of a writ, out of the jurisdiction must limit a time within which the defendant to be served must enter an appearance.

Service of writ or notice of writ abroad: general

5

• (1) Subject to the following provisions of this rule, Order 10 rule 1(1), (4) and (5) and Order 65 rule 4, shall apply in relation to the service of a writ, or notice of a writ, notwithstanding that the writ or notice is to be served out of the jurisdiction.

• (2) Nothing in this rule or in any order or direction of the Court made by virtue of it shall authorise or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country.

• (3) A writ, or notice of a writ, which is to be served out of the jurisdiction—

• (a) need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected; and

• (b) need not be served by the plaintiff or his agent if it is served by a method provided for by rule 6 or rule 7.

• (4) An official certificate stating that a notice of a writ as regards which rule 6 has been complied with, has been served on a person personally, or in accordance with the law of the country in which service was effected on a specified date, being a certificate—

• (a) by a British consular authority in that country, or

• (b) by the government or judicial authorities of that country, or

• (c) by any other authority designated in respect of that country under the Hague Convention,

shall be evidence of the facts so stated.

• (5) An official certificate by the Secretary of State stating that notice of a writ has been duly served on a specified date in accordance with a request made under rule 7 shall be evidence of that fact.

• (6) A document purporting to be such a certificate as is mentioned in paragraph (5) or (6) shall, until the contrary is proved, be deemed to be such a certificate.

• (7) In this rule and rule 6 the “Hague Convention” means the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters signed at The Hague on 15th November 1965.

Service of notice of writ abroad through foreign governments, judicial authorities and British consuls

6

• (1) This rule does not apply to service in—

• (a) England and Wales, Scotland, the Isle of Man or the Channel Islands;

• (b) any independent Commonwealth country;

• (c) any colony or protectorate;

• (d) the Republic of Ireland.

• (2) Where in accordance with these Rules notice of a writ is to be served on a defendant in any country with respect to which there subsists a Civil Procedure Convention (other than the Hague Convention) providing for service in that country of process of the High Court, the notice may be served—

• (a) through the judicial authorities of that country; or

• (b) through a British consular authority in that country (subject to any provision of the convention as to the nationality of persons who may be so served).

• (3) Where in accordance with these Rules, notice of a writ is to be served on a defendant in any country which is a party to the Hague Convention, the notice may be served—

• (a) through the authority designated under the Convention in respect of that country; or

• (b) if the law of that country permits—

• (i) through the judicial authorities of that country, or

• (ii) through a British consular authority in that county.

• (4) Where in accordance with these Rules notice of a writ is to be served on a defendant in any country with respect to which there does not subsist a Civil Procedure Convention providing for service in that country or process of the High Court, the notice may be served—

• (a) through the government of that country, where that government is willing to effect service; or

• (b) through a British consular authority in that country, except where service through such an authority is contrary to the law of that country.

• (5) A person who wishes to serve notice of a writ by a method specified in paragraph (2), (3) or (4) must lodge in the Central Office a request for service of notice of the writ by that method, together with a copy of the notice and an additional copy thereof for each person to be served.

• (6) Every copy of a notice lodged under paragraph (5) must be accompanied by a translation of the notice in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place in that country where service is to be effected.

Provided that this paragraph shall not apply in relation to a copy of a notice which is to be served in a country the official language of which is, or the official languages of which include, English, or is to be served in any country by a British consular authority on a British subject, unless the service is to be effected under paragraph (2) and the Civil Procedure Convention with respect to that country expressly requires the copy to be accompanied by a translation.

• (7) Every translation under paragraph (6) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person’s full name, of his address and of his qualifications for making the translation.

• (8) Documents duly lodged under paragraph (5) shall be sent by the Master (Queen’s Bench and Appeals) to the Parliamentary Under-Secretary of State to the Foreign, Commonwealth and Development Office with a request that he arrange for notice of the writ to be served by the method indicated in the request lodged under paragraph (5), or, where alternative methods are so indicated, by such one of those methods as is most convenient.

[ Service of process on a foreign State

7

• (1) Subject to paragraph (4), where a person to whom leave has been granted under rule 1 to serve notice of a writ on a State, as defined in section 14 of the State Immunity Act 1978¹²³, wishes to have the notice served on that State, he must lodge in the Central Office—

• (a) a request for service by the Secretary of State; and

• (b) a copy of the notice of the writ; and

• (c) except where the official language of the State is, or the official languages of the State include, English, a translation of the notice of the writ in the official language or one of the official languages of that State.

• (2) Rule 6(6) shall apply in relation to a translation lodged under paragraph (1) of this rule as it applies in relation to a translation lodged under paragraph (5) of that rule.

• (3) Documents duly lodged under this rule shall be sent by the Master (Queen’s Bench and Appeals) to the Secretary of State with a request that the Secretary of State should arrange for the notice of the writ to be served.

• (4) Where section 12(6) of the State Immunity Act 1978 applies and the State has agreed a method of service other than that provided by the preceding paragraphs, the writ or notice of the writ may be served either by the method agreed or in accordance with the preceding paragraphs of this rule.]

Undertaking to pay expenses of service by Secretary of State

8

Every request lodged under rule 6(5) or rule 7 must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Secretary of State in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the Finance Officer of the office of the Secretary of State and to produce a receipt for the payment to the proper officer of the High Court.

Service of originating summons, petition, notice of motion, etc.

9

• (1) ¹²⁴ [¹²⁵ . . .] Rule 1 of this Order shall apply to the service out of the jurisdiction of an originating summons, notice of motion or petition as it applies to service of a writ]

[¹²⁶ . . .]

[¹²⁶ . . .]

• (4) ¹²⁵ . . .] Service out of the jurisdiction of any summons, notice or order issued, given or made in any proceedings is permissible with the leave of the Court [(c), but leave shall not be required for such service in any proceedings in which the writ, originating summons, motion or petition may by these rules or under any statutory provision be served out of the jurisdiction as without leave.]

• (5) Rule 4(1), (2) and (3) shall, so far as applicable, apply in relation to an application for the grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1 [¹²⁷ . . .]

• (6) An order granting under this rule leave to serve out of the jurisdiction an originating summons to which an appearance is required to be entered must limit a time within which the defendant to be served with the summons must enter an appearance.

• (7) Rules 5, 6 and 8 shall apply in relation to any document for the service of which out of the jurisdiction leave has been granted under this rule as they apply in relation to notice of a writ.

1

• (1) Subject to paragraph (2) and to Order 80 rule 2 a defendant to an action begun by writ may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) enter an appearance in the action and defend it by a solicitor or in person.

• (2) ¹²⁸ A defendant to such an action who is a body corporate may only enter an appearance in the action or defend it by—

• (a) a solicitor; or

• (b) an employee if—

• (i) the employee has been authorised by the body corporate to enter an appearance in the action or defend it on its behalf; and

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

• (3) An appearance is entered by properly completing the requisite documents, that is to say, a memorandum of appearance, as defined by rule 3, [¹²⁹ and] two copies thereof, and handing them in at, or sending them by post to, the appropriate office.

• (4) If two of more defendants to an action enter an appearance by the same solicitor and at the same time. Only one set of the requisite documents need be completed and delivered for those defendants.

2

An appearance must be entered in the appropriate office.

3

• (1) A memorandum of appearance is a request to the appropriate office to enter an appearance for the defendant or defendants specified in the memorandum.

• (2) A memorandum of appearance must be in Form No. 12 in Appendix A and the memorandum of appearance and copies thereof required for entering an appearance must be signed by the solicitor by whom the defendant appears or, if the defendant appears in person, by the defendant.

• (3) ¹³⁰ A memorandum of appearance must specify—

• (a) in the case of a defendant appearing in person, the address of his place of residence and, if his place of residence is not within the jurisdiction [¹³¹ or another part of the United Kingdom ...] or if he has no [¹³¹ such] place of residence, the address of a place [¹³² ...] at or to which documents for him may be delivered or sent;

• (b) in the case of a body corporate appearing by an employee, the registered or principal office of the body corporate within the jurisdiction [¹³¹ or another part of the United Kingdom ...] or if it has no [¹³¹ such] registered or principal office [¹³² ...], the address of a place within the jurisdiction at or to which documents may be delivered or sent;

• (c) in the case of a defendant appearing by a solicitor, a business address of his solicitor’s within the jurisdiction [¹³¹ or another part of the United Kingdom] ...,

and where the defendant enters an appearance in person or by an employee the address [¹³³ ...] specified under sub-paragraph (a) or (b) shall be the address for service, but otherwise the business address of the defendant’s solicitor ... shall be the address for service.

• (4) If the Court is satisfied on application by the plaintiff that any address specified in the memorandum of appearance is not genuine, the Court may set aside the appearance.

4

• (1) On receiving the requisite documents an officer of the appropriate office must in all cases affix to the memorandum of appearance, and 2 copies thereof, an official stamp showing the date on which he received those documents enter the appearance in the cause book, file the original memorandum and—

• (a) if the requisite documents were handed in at the office, hand back 2 copies of the memorandum, and

• (b) if they were sent by post, send 1 copy by post to the plaintiff, or as the case may be, his solicitor at the plaintiff’s address for service and also send by post to the defendant or, as the case may be, his solicitor at the defendant’s address for service the other copy of the memorandum.

• (2) Where the defendant enters an appearance by handing in the requisite documents at the office, he must on the date on which he enters the appearance send by post to the plaintiff, if the plaintiff sues in person, but otherwise to the plaintiff’s solicitor, at the plaintiffs address for service, one of the copies of the memorandum of appearance, handed back to him under paragraph (1).

5

Reference in these Rules to the time limited for appearing are, references—

• (a) in the case of a writ served within the jurisdiction, to 14 days after service of the writ (including the day of service) or, where that time has been extended by or by virtue of these Rules, to that time as so extended; and

• (b) in the case of a writ, or notice of a writ, served out of the jurisdiction, to the time limited under Order 10 rule 2(2), Order 11 rule 1(3), or Order 11 rule 4(4), or, where that time has been extended as, aforesaid, to that time as so extended.

6

• (1) A defendant may not enter an appearance in an action after judgment has been entered therein except with the leave of the Court.

• (2) Except as provided by paragraph (1), nothing in these Rules or any writ or order thereunder shall be construed as precluding a defendants from entering an appearance in an action after the time limited for appearing, but if a defendant enters an appearance after that time, he shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other thing later than if he had appeared within that time.

7

• (1) A defendant to an action may with the leave of the Court enter a conditional appearance in the action.

• (2) A conditional appearance, except by a person sued as a partner of a firm in the name of that firm and served as a partner, is to be treated for all purposes as an unconditional appearance unless the Court otherwise orders or the defendant applies to the Court, within the time limited for the purpose, for an order under rule 8, and the Court makes an order thereunder.

8

A defendant to an action may at any time before entering an appearance therein, or, if he has entered a conditional appearance, [¹³⁴ within the time limited for service of a defence], apply by summons or motion for an order setting aside the writ or service of the writ, or notice of the writ, on him, or declaring that the writ or notice has not been duly served on him or discharging any order giving leave to serve the writ or notice on him out of the jurisdiction.

[ Application by defendant where writ not served

8A

• (1) Any person named as defendant in a writ which has not been served on him may serve on the plaintiff a notice requiring him within a specified period not less than 14 days after service of the notice either to serve the writ on the defendant or to discontinue the action as against him.

• (2) Where the plaintiff fails to comply with a notice under paragraph (1) within the time specified, the Court may, on the application of the defendant by summons, order the action to be dismissed or make such other order as it thinks fit.

• (3) A summons under paragraph (2) shall be supported by an affidavit verifying the facts on which the application is based and stating that the defendant intends to contest the proceedings and a copy of the affidavit must be served with the summons.

• (4) Where the plaintiff serves the writ in compliance with a notice under paragraph (1) or with an order under paragraph (2) the defendant must enter an appearance within the time limited for so doing.].

Appearance to originating summons

9

• (1) Subject to paragraph (2), an appearance must be entered to every originating summons (other than an ex parte originating summons) by each defendant named in and served with the summons.

• (2) No appearance need be entered to an originating summons in any case or class of case in relation to which special provision to that effect is made by these Rules or by or under any statutory provision.

• (3) Subject to the foregoing provisions of this rule, the foregoing rules of this Order shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ except that for the reference in rule 5(b) to Order 11, rules 1(3) and 4(4), there shall be substituted a reference to Order 11, rule 9(6).

1

• (1) Where a writ is indorsed with a claim against a defendant for a liquidated demand only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.

• (2) A claim shall not be prevented from being treated for the purposes of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest [¹³⁶ under section 33A of the Act at a rate which is not higher than that payable on judgment debts at the date of issue of the writ. A claim for interest at a higher rate shall be treated as a claim for interest to be assessed].

• (3) Before final judgment is entered under this rule an affidavit must be filed specifying the amount then actually due to the plaintiff.

2

Where a writ is indorsed with a claim against a defendant for unliquidated damages only, then, if the defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceeed with the action against the other defendants, if any.

3

• (1) Where a writ is indorsed with a claim against a defendant relating to the detention of goods only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing and subject to Order 42, rule 6—

• (a) at his option enter either—

• (i) interlocutory judgment against that defendant for delivery of the goods or their value to be assessed and costs, or

• (ii) interlocutory judgment for the value of the goods to be assessed and costs, or

• (b) apply by summons for judgment against that defendant for delivery of the goods without giving him the alternative of paying their assessed value,

and in any case proceed with the action against the other defendants, if any.

• (2) A summons under paragraph (1)(b) must be supported by affidavit and notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.

4

• (1) Where a writ is indorsed with a claim against a defendant for possession of land only, then, subject to paragraphs (2), (3) and (4), if that defendant fails to enter an appearance the plaintiff may, after the time limited for appearing, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 88, rule 1, enter judgment for possession of the land as against that defendant and costs, and proceed with the action against the other defendants, if any.

• (2) The plaintiff shall not be entitled, except with the leave of the Court, to enter judgment under this rule unless he produces a certificate by his solicitor, or (if he sues in person) an affidavit, stating that the claim does not relate to a dwelling-house.

• (3) The plaintiff shall not be entitled, except with the leave of the Court, to enter judgment under this rule where the writ is indorsed with a claim against a defendant for possession of land for non-payment of rent unless he produces a certificate by his solicitor, or (if he sues in person) an affidavit, stating that the land does not comprise or include a holding agricultural or pastoral or partly agricultural and partly pastoral.

• (4) The plaintiff shall not be entitled to enter judgment under this rule where the writ is indorsed with a claim against a defendant for possession of land for non-payment of rent unless he files an affidavit made by the landlord, his agent, receiver or clerk, stating that there was at the date of issue of the writ at least one year’s rent due over and above all just and fair allowances.

• (5) An application for leave to enter judgment under paragraph (2) or (3) shall be by summons stating the grounds of the application, and the summons must, unless the Court otherwise orders and notwithstanding anything in Order 65, rule 9, be served on the defendant against whom it is sought to enter judgment.

• (6) If the Court refuses leave to enter judgment, it may make or give any such order or directions as it might have made or given had the application been an application for judgment under Order 14, rule 1.

• (7) Where there is more than one defendant, any judgment entered under this rule shall contain a stay of enforcement against any defendant unless and until judgment for possession of the land has been entered against all the defendants.

• (8) Where the plaintiff is a superior landlord and he applies under paragraph (3) for leave to enter judgment against a defendant who is an immediate landlord the Court may, having regard to the provisions of section 12 of the Land Law (Ireland) Act 1896[^f00149]:—

• (a) give such directions as to notice to tenants and otherwise and grant leave subject to such limitations as to enforcement of the judgment and such provisions as to costs as it thinks just;

• (b) on proof by affidavit that the non-payment of rent by the defendant is due to the non-payment of rent by the tenant of the holding, issue a certificate to that effect.

5

Where a writ issued against any defendant is indorsed with two or more of the claims mentioned in the foregoing rules, and no other claim, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under those rules if that were the only claim indorsed on the writ, and proceed with the action against the other defendants, if any.

6

• (1) Where a writ is indorsed with a claim of a description not mentioned in rules 1 to 4, then, if any defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing and upon filing an affidavit proving due service of the writ on that defendant and, where the statement of claim was not indorsed on or served with the writ, upon serving a statement of claim on him, proceed with the action as if that defendant had entered an appearance.

• (2) Where a writ issued against a defendant is indorsed as aforesaid, but by reason of the defendant’s satisfying the claim or complying with the demands thereof or any other like reason it has become unnecessary for the plaintiff to proceed with the action, then, if the defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter judgment with the leave of the Court against that defendant for costs.

• (3) An application for leave to enter judgment under paragraph (2) shall be by summons which must, unless the Court otherwise orders, and notwithstanding anything in Order 65 rule 9 be served on the defendant against whom it is sought to enter judgment.

7

• (1) Judgment shall not be entered against a defendant under this Order unless—

• (a) an affidavit is filed by or on behalf of the plaintiff proving due service of the writ or notice of the writ on the defendant; or

• (b) the plaintiff produces the writ indorsed by the defendant’s solicitor with a statement that he accepts service of the writ on the defendant’s behalf.

• (2) Where in an action begun by a writ, an application is made to the Court for an order affecting a party who has failed to enter an appearance, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party is in default of appearance.

• (3) Where, after judgment has been entered under this Order against a defendant purporting to have been served by post under Order 10 rule 1(2)(a), the copy of the writ sent to the defendant is returned to the plaintiff through the post undelivered to the addressee, the plaintiff shall, before taking any step or further step in the action or the enforcement of the judgment, either—

• (a) make a request for the judgment to be set aside on the ground that the writ has not been duly served, or

• (b) apply to the Court for directions.

• (4) A request under paragraph (3)¹³⁸ shall be made by producing to an officer of the office in which the judgment was entered, and leaving with him for filing, an affidavit stating the relevant facts, and thereupon the judgment shall be set aside and the entry of the judgment and of any proceedings for its enforcement made in the record kept in the office for that purpose shall be marked accordingly.

• (5) An application under paragraph (3)(b) shall be made ex parte by affidavit stating the facts on which the application is founded and any order or direction sought, and on the application the Court may—

• (a) set aside the judgement; or

• (b) direct that, notwithstanding the return of the copy of the writ, it shall be treated as having been duly served, or

• (c) make such other order and give such other direction as the circumstances may require.

[ Judgment against a State

7A

• (1) Where the defendant is a State, as defined in section 14 of the State Immunity Act 1978 (“the Act”), the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the Court.

• (2) An application for leave to enter judgment shall be supported by an affidavit—

• (a) stating the grounds of the application,

• (b) verifying the facts relied on as excepting the State from the immunity conferred by section 1 of the Act, and

• (c) verifying that the writ has been served by being transmitted through the Foreign, Commonwealth and Development Office to the Ministry of Foreign Affairs of the State, or in such other manner as may have been agreed to by the State, and that the time for entering an appearance, as extended by section 12(2) of the Act (by two months) where applicable, has expired.

• (3) The application may be made ex parte but the Court hearing the application may direct a summons to be issued and served on that State, for which purpose such a direction shall include leave to serve the summons and a copy of the affidavit out of the jurisdiction.

• (4) Unless the Court otherwise directs, an affidavit for the purpose of this rule may contain statements of information or belief with the sources and grounds thereof, and the grant of leave to enter judgment under this Order shall include leave to serve out of the jurisdiction—

• (a) a copy of the judgment, and

• (b) a copy of the affidavit, where not already served.

• (5) The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with the rule shall be the same as for the service of the notice of the writ under Order 11 rule 7(1), except where section 12(6) of the Act applies and an alternative method of service has been agreed.]

[ Judgments under the Civil Jurisdiction and Judgments Act 1982

7B

• (1) Where a writ or notice of a writ has been served out of the jurisdiction under Order 11 rule 1(2)(a) or has been served within the jurisdiction on a defendant domiciled in England and Wales or Scotland or in any other Convention territory the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the Court.

• (2) An application for leave to enter judgment may be made ex parte and shall be supported by an affidavit stating that in the deponent’s belief—

• (a) each claim made by the writ is one which by virtue of the Civil Jurisdiction and Judgments Act 1982 the Court has power to hear and determine,

• (b) no other court has exclusive jurisdiction within the meaning of Schedule 1 or Schedule 3C or under Schedule 4 to that Act to hear and determine such claim, and

• (c) where the writ or notice thereof is served out of the jurisdiction under Order 11 rule 1(2)(a), such service satisfied the requirements of Schedule 1 [[^f00153] Article 20 of Schedule 3C] or, as the case may require, of Article 20 of Schedule 4 to that Act,

and giving in each case the sources and grounds of such belief.

• (3) For the purposes of this rule, domicile is to be determined in accordance with the provisions of sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982 and “Convention territory” means the territory or territories of any Contracting State, as defined by section 1(3) of that Act, to which [[^f00154] the Brussels Convention or the Lugano Convention] as defined by section 1(1) of that Act apply.]

[ Judgment where application under section 6 of the Justice and Security Act 2013 pending

7C

Judgment shall not be entered against a defendant under this Order if notice has been given under Order 126 of a person’s intention to make an application for a declaration under section 6 of the Justice and Security Act 2013 in relation to the proceedings, and that application has not been disposed of.]

Setting aside judgments

8

Without prejudice to rule 7(3) and (4), the Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.

1

• (1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has entered an appearance in the action, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant.

• (2) Subject to paragraph (3), this rule applies to every action begun by writ in the Queen’s Bench Division or the Chancery Division other than—

• (a) an action which includes a claim by the plaintiff for libel, slander, malicious prosecution or false imprisonment;

[¹⁴² . . .]

• (c) an Admiralty action in rem.

• (3) This Order shall not apply to an action to which Order 86 applies.

2

• (1) An application under rule 1 must be made by summons supported by an affidavit verifying the facts on which the claim, or the part of a claim, to which the application relates is based and stating that in the deponent’s belief there is no defence to that claim or part, as the case may be, or no defence except as to the amount of any damages claimed.

• (2) Where the writ is indorsed with a claim against a defendant for possession of land for non-payment of rent the affidavit filed under paragraph (1) must state whether or not the land comprises or includes a holding agricultural or pastoral or partly agricultural and partly pastoral.

[¹⁴³ . . .]

• (3) ¹⁴⁴ The summons, a copy of the affidavit in support and of any exhibits referred to therein must be served on the defendant not less than 10 clear days before the return day.

3

• (1) Unless on the hearing of an application under rule 1 either the Court dismisses the application or the defendant satisfies the Court with respect to the claim, or the part of a claim, to which the application relates 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 that claim or part, the Court may give such judgment for the plaintiff against that defendant on the claim or part as may be just having regard to the nature of the remedy or relief claimed.

• (2) The Court may by order, and subject to such conditions, if any, as may be just, stay enforcement of any judgment given against a defendant under this rule until after the trial of any counterclaim made or raised by the defendant in the action.

• (3) Where the plaintiff is a superior landlord and he applies under rule 1 for judgment for possession of land for non-payment of the rent of land which comprises or includes a holding agricultural or pastoral or partly agricultural and partly pastoral, the Court may, having regard to the provisions of section 12 of the Land Law (Ireland) Act 1896¹⁴⁵,—

• (a) give such directions as to notice to tenants and otherwise and give judgment subject to such limitations as to enforcement of the judgment and such provisions as to costs as it thinks just;

• (b) on proof by affidavit that the non-payment of rent by the defendant is due to the non-payment of rent by the tenant of the holding, issue a certificate to that effect.

4

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

[¹⁴⁶ . . .]

• (2) ¹⁴⁷ The Court may give a defendant against whom such an application is made leave to defend the action with respect to the claim, or the part of a claim, to which the application relates either unconditionally or on such terms as to giving security or time or mode of trial (in cases which under the Act may be tried without a jury) 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.

5

• (1) Where a defendant to an action in the Queen’s Bench Division or Chancery Division begun by writ has served a counterclaim on the plaintiff then, subject to paragraph (3), the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against the plaintiff on that claim or part.

• (2) Rules 2, 3 and 4 shall apply in relation to an application under this rule as they apply in relation to an application under rule 1 but with the following modifications, that is to say—

• (a) references to the plaintiff and defendant shall be construed as references to the defendant and plaintiff respectively;

• (b) the words in rule 3(2) “any counterclaim made or raised by the defendant in” shall be omitted; and

• (c) the reference in rule 4(3) to the action shall be construed as a reference to the counterclaim to which the application under this rule relates.

• (3) This rule shall not apply to a counterclaim which includes any such claim as is referred to in rule 1(2).

6

• (1) Where the Court—

• (a) orders that a defendant or a plaintiff have leave (whether conditional or unconditional) to defend an action or counterclaim, as the case may be, with respect to a claim or a part of a claim, or

• (b) gives judgment for a plaintiff or a defendant on a claim or part of a claim but also orders that enforcement of the judgment be stayed pending the trial of a counterclaim or of the action, as the case may be, the Court shall give directions as to the further conduct of the action.

• (2) In particular, and if the parties consent, the Court may direct that the claim in question and any other claim in the action be tried by a master under the provisions of these Rules relating to the trial of causes or matters or questions or issues by masters.

7

• (1) 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 8(2) and (3)] 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.

• (2) The Court shall have the same power to dismiss an application under rule 5 as it has under paragraph (1) to dismiss an application under rule 1, and that paragraph shall apply accordingly with the necessary modifications.

8

• (1) Where on an application under rule 1 the plaintiff obtains judgment on a claim or a part of a claim against any defendant, he may proceed with the action as respects any other claim or as respects the remainder of the claim or against any other defendant.

• (2) Where on an application under rule 5 a defendant obtains judgment on a claim or part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or as respects the remainder of the claim or against any other defendant to the counterclaim.

9

Where the claim to which an application under rule 1 or rule 5 relates is for the delivery up of a specific chattel and the Court gives judgment under this Order for the applicant, it shall have the same power to order the party against whom judgment is given to deliver up the chattel without giving him an option to retain it on paying the assessed value thereof as if the judgment had been given after trial.

[ Judgment where application under section 6 of the Justice and Security Act 2013 pending

10

No party in an action to which this Order applies may obtain summary judgment if notice has been given under Order 126 of a person’s intention to make an application for a declaration under section 6 of the Justice and Security Act 2013 in relation to the proceedings, and that application has not been disposed of.]

Relief against forfeiture

11

A tenant shall have the same right to apply for relief after judgment for possession of land on the ground of forfeiture for non-payment of rent has been given under this Order as if the judgment had been given after trial.

Setting aside judgment

12

Any judgment given against a party who does not appear at the hearing of an application under rule 1 or rule 5 may be set aside or varied by the Court on such terms as it thinks just.

1

• (1) Subject to rule 5(1), a plaintiff may in one action claim relief against the same defendant in respect of more than one cause of action—

• (a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity in respect of all the causes of action, or

• (b) if the plaintiff claims or the defendant is alleged to be liable in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of all the others, or

• (c) with the leave of the Court.

• (2) An application for leave under this rule must be made ex parte by affidavit before the issue of the writ or originating summons, as the case may be, and the afidavit must state the grounds of the application.

2

• (1) Subject to rule 5(2), a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against a plaintiff in the action in respect of any matter (whenever and however arising) may, instead of bringing a separate action, make a counterclaim in respect of that matter; and where he does so he must add the counterclaim to his defence.

• (2) Rule 1 shall apply in relation to a counterclaim as if the counterclaim were a separate action and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.

• (3) A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in the action or that the action is stayed, discontinued or dismissed.

• (4) Where a defendant establishes a counterclaim against the claim of the plaintiff and there is a balance in favour of one of the parties, the Court may give judgment for the balance, so, however, that this provision shall not be taken as affecting the Court’s discretion with respect to costs.

3

• (1) Where a defendant to an action who makes a counterclaim against the plaintiff alleges that any other person (whether or not a party to the action) is liable to him along with the plaintiff in respect of the subject-matter of the counterclaim, or claims against such other person any relief relating to or connected with the original subject-matter of the action, then, subject to rule 5(2), he may join that other person as a party against whom the counterclaim is made.

• (2) Where a defendant joins a person as a party against whom he makes a counterclaim, he must add that person’s name to the title of the action and serve on him a copy of the counterclaim [¹⁴⁹ and in the case of a person who is not already a party to the action the defendant must issue the counterclaim out of the appropriate office and serve on the person concerned a sealed copy of the counterclaim, and a copy of the writ or originating summons by which the action was begun and of all other pleadings served in the action]; and a person on whom a copy of a counterclaim is served under this paragraph shall, if he is not already a party to the action, become a party to it as from the time of service with the same rights in respect of his defence to the counterclaim and otherwise as if he had been duly sued in the ordinary way by the party making the counterclaim.

• (3) A defendant who is required by paragraph (2) to serve a copy of the counterclaim made by him on any person who before service is already a party to the action must do so within the period within which, by virtue of Order 18, rule 2, he must serve on the plaintiff the defence to which the counterclaim is added.

• (4) An appearance to a counterclaim by a person who is not already a party to the action must be entered in the appropriate office. A memorandum of appearance to a counterclaim shall be in Form No. 15 in Appendix A.

• (5) Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on a person who is not already a party to the action, the following provisions of these Rules, namely, [¹⁵⁰ Order 6, rule 6(4) and (6),) Order 10, Order 11 (except rule 3), Orders 12 and 13 and Order 75, rule 4, shall subject to the last foregoing paragraph, apply in relation to the counterclaim and the proceedings arising from it as if—

• (a) the counterclaim were a writ and the proceedings arising from it an action; and

• (b) the party making the counterclaim were a plaintiff and the party against whom it is made a defendant in that action.

• (6) A copy of a counterclaim required to be served on a person who is not already a party to the action must be indorsed with a notice, in Form No. 14 in Appendix A, addressed to that person—

• (a) stating the effect of Order 12, rule 1, as applied by paragraph (5),

• (b) specifying the appropriate office for the entry of appearance by that person to the counterclaim, and

• (c) stating that he may obtain forms of the requisite documents from the appropriate office and explaining how he may do so.

4

• (1) Subject to rule 5(1), two or more persons may be joined together in one action as plaintiffs or as defendants with the leave of the Court or where—

• (a) if separate actions were brought by or against each of them, as the case may be, some common question of law or fact would arise in all the actions, and

• (b) all rights to relief claimed in the action (whether they are joint, several or alternative) are in respect of or arise out of the same transactions or series of transactions.

• (2) Where the plaintiff in any action claims any relief to which any other person is entitled jointly with him, all persons so entitled must, subject to the provisions of any statutory provision and unless the Court gives leave to the contrary, be parties of the action and any of them who does not consent to being joined as a plaintiff must, subject to any order made by the Court on an application for leave under this paragraph, be made a defendant.

This paragraph shall not apply to a probate action.

5

• (1) If claims in respect of two or more causes of action are included by a plaintiff in the same action or by a defendant in a counterclaim, or if two or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of the causes of action or of parties, as the case may be, may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.

• (2) If it appears on the application of any party against whom a counterclaim is made that the subject-matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may order the counterclaim to be struck out or may order it to be tried separately or make such other order as may be expedient.

6

• (1) No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of any party, and the Court may in any case or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter.

• (2) [[¹⁵¹ Subject to the provisions of this rule,] at any stage of the proceedings in any cause or matter [¹⁵² (whether before or after final judgment)] the Court may on such terms as it thinks just and either of its own motion or on application—

• (a) order any person who has been improperly or unnecessarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party;

• (b) order any of the following persons to be added as a party, namely—

• (i) any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, or

• (ii) any person between whom and any party to the cause or matter there may exist a question or issue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter.

[¹⁵³ ........]

• (3) An application by any person for an order under paragraph (2) adding him as a party must, except with the leave of the Court, be supported by an affidavit showing his interest in the matters in dispute in the cause or matter or, as the case may be, the question or issue to be determined as between him and any party to the cause or matter.

• (4) ¹⁵⁴ No person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorised.

• (5) No person shall be added or substituted as a party after the expiry of any relevant period of limitation unless either—

• (a) the relevant period was current at the date when proceedings were commenced and it is necessary for the determination of the action that the new party should be added, or substituted, or

• (b) the relevant period arises under the provisions of section 9A or 9B of the Statute of Limitations (Northern Ireland) 1958 and the Court directs that those provisions should not apply to the action by or against the new party.

In this paragraph “any relevant period of limitation” means a time limit under the Limitation Acts (Northern Ireland) 1958 to 1982.

• (6) The addition or substitution of a new party shall not be regarded as necessary for the purposes of paragraph (5)(a) unless the Court is satisfied that—

• (a) the new party is a necessary party to the action in that property is vested in him at law or in equity and the plaintiff’s claim in respect of an equitable interest in that property is liable to be defeated unless the new party is joined, or

• (b) the relevant cause of action is vested in the new party and the plaintiff jointly but not severally, or

• (c) the new party is the Attorney General and the proceedings should have been brought by relator proceedings in his name, or

• (d) the new party is a company in which the plaintiff is a shareholder and on whose behalf the plaintiff is suing to enforce a right vested in the company, or

• (e) the new party is sued jointly with the defendant and is not also liable severally with him and failure to join the new party might render the claim unenforceable.]

[E.r. 6]

• (7) ¹⁵⁵ This rule shall not apply to any joinder of parties to which Order 121 applies.].

7

• (1) Where a party to an action dies or becomes bankrupt but the cause of action survives, the action shall not abate by reason of the death or bankruptcy.

• (2) Where at any stage of the proceedings in any cause or matter the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may, if it thinks it necessary in order to ensure that all matters in dispute in the cause may be effectually and completely determined and adjudicated upon, order that the other person be made a party to the cause or matter and the proceedings to be carried on as if he had been substituted for the first mentioned party.

An application for an order under this paragraph may be made ex parte.

• (3) An order may be made under this rule for a person to be made a party to a cause or matter notwithstanding that he is already a party to it on the other side of the record, or on the same side but in a different capacity; but—

• (a) if he is already a party on the other side, the order shall be treated as containing a direction that he shall cease to be a party on that other side, and

• (b) if he is already a party on the same side but in another capacity, the order may contain a direction that he shall cease to be a party in that other capacity.

• (4) The person on whose application an order is made under this rule must procure the order to be noted in the cause book, and after the order has been so noted that person must, unless the Court otherwise directs, serve the order on every other person who is a party to the cause or matter or who becomes or ceases to be a party by virtue of the order and serve with the order on any person who becomes a defendant a copy of the writ or originating summons by which the cause or matter was begun [¹⁵⁶ and of all other pleadings served in the proceedings.].

• (5) Any application to the Court by a person served with an order made ex parte under this rule for the discharge or variation of the order must be made within 14 days after the service of the order on that person.

8

• (1) Where an order is made under rule 6, the writ by which the action in question was begun must be amended accordingly and must be endorsed with—

• (a) a reference to the order in pursuance of which the amendment is made, and

• (b) the date on which the amendment is made,

and the amendment must be made within such period as may be specified in the order or, if no period is so specified, within 14 days after the making of the order.

• (2) Where by an order under rule 6 a person is to be made a defendant, the rules as to service of a writ of summons shall apply accordingly to service of the amended writ on him, but before serving the writ on him the person on whose application the order was made must procure the order to be noted in the cause book.

• (2A) ¹⁵⁷ Together with the writ of summons served under paragraph (2) shall be served a copy of all other pleadings served in the action.]

• (3) Where by an order under rule 6 or 7 a person is to be made a defendant, the rules as to entry of appearance shall apply accordingly to entry of appearance by him, subject, in the case of a person to be made a defendant by an order under rule 7, to the modification that the time limited for appearing shall begin with the date on which the order is served on him under rule 7(4) or, if the order is not required to be served on him, with the date on which the order is noted in the cause book.

• (4) Where by an order under rule 6 or 7 a person is to be added as a party or is to be made a party in substitution for some other party, that person shall not become a party until—

• (a) where the order is made under rule 6, the writ has been amended in relation to him under this rule and (if he is a defendant) has been served on him, or

• (b) where the order is made under rule 7, the order has been served on him under rule 7(4) or, if the order is not required to be served on him, the order has been noted in the cause book,

and where by virtue of the foregoing provisions a person becomes a party in substitution for some other party, all things done in the course of the proceedings before the making of the order shall have effect in relation to the new party as they had in relation to the old, except that entry of appearance by the old party shall not dispense with entry of appearance by the new.

• (5) The foregoing provisions of this rule shall apply in relation to an action begun by originating summons as they apply in relation to an action begun by writ.

9

• (1) If after the death of a plaintiff or defendant in any action the cause of action survives, but no order under rule 7 is made substituting as plaintiff any person in whom the cause of action vests or, as the case may be, the personal representatives of the deceased defendant, the defendant or, as the case may be, those representatives may apply to the Court for an order that unless the action is proceeded with within such time as may be specified in the order the action shall be struck out as against the plaintiff or defendant, as the case may be, who has died; but where it is the plaintiff who has died, the Court shall not make an order under this rule unless satisfied that due notice of the application has been given to the personal representatives (if any) of the deceased plaintiff and to any other interested person who, in the opinion of the Court, should be notified.

• (2) Where in any action a counterclaim is made by a defendant, this rule shall apply in relation to the counterclaim as if the counterclaim were a separate action and as if the defendant making the counterclaim were the plaintiff and the person against whom it is made a defendant.

10

• (1) Without prejudice to rule 6, the Court may at any stage of the proceedings in an action for possession of land order any person not a party to the action who is in possession of the land (whether in actual possession or by a tenant) to be added as a defendant.

• (2) An application by any person for an order under this rule may be made ex parte, supported by an affidavit showing that he is in possession of the land in question and if by a tenant, naming him.