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

Type Ni-Statutory-Rule

Publication 1980-10-01

Last updated 2025-07-11

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(a) fails without good reason to commence or conduct proceedings for the taxation of those costs in accordance with this Order or any direction, or

(b) delays lodging a bill of costs for taxation,

the Taxing Master may allow the party so entitled less than the amount he would otherwise have allowed on taxation of the bill or may wholly disallow the costs.

PART V — PROCEDURE ON TAXATION

Commencement of proceedings

29

(1) Subject to paragraph (2), where a party is entitled to recover taxed costs or to require any costs to be taxed by the Taxing Master by virtue of—

(a) a judgment, direction or order given or made in proceedings in the High Court [[^f00407] (other than an order made under Article 71F(2)(a) of the Solicitors (Northern Ireland) Order 1976[^f00408])] or in the Court of Appeal; or

(b) rule 5(3), (4) or (5); or

(c) an award made on an arbitration under any statutory provision or pursuant to an arbitration agreement under the Arbitration Act (Northern Ireland) 1937 which has been made a rule of Court; or

(d) an order, award or other determination of a tribunal or other body constituted by or under any statutory provision,

he must begin proceedings for the taxation of those costs either within 6 months after the judgment, direction, order, award or other determination was entered, signed or otherwise perfected or, in cases to which sub-paragraph (b) applies, within 6 months after service of the notice given to him under Order 21, rule 2 or Order 22, rule 3.

(2) Paragraph (1) shall have effect, in relation to the taxation of costs pursuant to an order under the Solicitors (Ireland) Act 1849 as if for the period of 6 months first mentioned in that paragraph there were substituted a reference to 21 days.

(3) Where a party entitled to costs fails to begin proceedings for taxation within the time limits specified in paragraph (1), any other party to the proceedings may with the leave of the Taxing Master begin taxation proceedings.

(4) Where leave has been granted under paragraph (3), the party to whom it has been granted shall proceed as if he were the person entitled to begin taxation proceedings.

(5) Proceedings for the taxation of costs shall be begun by producing the requisite document at the Supreme Court Taxing Office.

(6) For the purpose of this rule the requisite document shall be ascertained by reference to Appendix 1 to this Order.

(7) A party who begins proceedings for taxation must, at the same time, lodge in the Supreme Court Taxing Office—

(a) a copy of the requisite document produced under paragraph (5), and

(b) a statement containing the following particulars:—

(i) the name of every party, and the capacity in which he is a party to the proceedings, his position on the record of the proceedings which gave rise to the taxation proceedings and, if any costs to which taxation proceedings relate are to be paid out of a fund, the nature of his interest in the fund; and

(ii) the address of any party to the proceedings who entered an appearance in person or who at the conclusion of the proceedings which gave rise to the taxation proceedings was acting in person and the name or firm and business address, telephone number and office reference of the solicitor of any party who did not so enter an appearance or was not so acting in person and also (if the solicitor is the agent of another) the name or firm and business address of his principal; and

(i) in which the professional charges and the disbursements are set out in separate columns and each column is cast, and

(ii) which is indorsed with the name, or firm and business address of the solicitor whose bill it is and which is signed by that solicitor or if the costs are due to a firm, by a partner of that firm,

(d) unless the Taxing Master otherwise orders, the papers and vouchers specified below in the order mentioned—

(i) a bundle comprising all civil legal aid certificates and amendments thereto, notices of discharge or revocation thereof and specific legal aid authorities;

(ii) unless the relevant information is included in the judgment or order or the parties have agreed the times of the hearings, a certificate of times or a copy of the proper officer’s certificate;

(iii) a bundle comprising fee notes of counsel and accounts for other disbursements;

(iv) one complete set of pleadings arranged in chronological order, with any interlocutory summonses and lists of documents annexed to it;

(v) cases to counsel to advise with his advice and opinions, and instructions to counsel to settle documents and briefs to counsel with enclosures, arranged in chronological order;

(vi) reports and opinions of medical and other experts arranged in chronological order;

(vii) the solicitor’s correspondence and attendance notes; and

(viii) any other relevant papers duly bundled and labelled.

(8) In this rule and in this Part of this Order — “party entitled to be heard on the taxation” means—

(a) a person who has entered an appearance or taken any part in the proceedings which gave rise to the taxation proceedings and who is directly liable under an order for costs made against him, or

(b) a person who has begun proceedings for taxation in accordance with this rule, or

(c) a person who has given the party taxing and the Taxing Office written notice that he has a financial interest in the outcome of the taxation, or

(d) a person in respect of whom a direction has been given under rule 26.

Subsequent procedure

30

(1) Subject to rules 31 and 32, where a party has begun proceedings for taxation in accordance with rule 29, the proper officer shall give to that party and to any other party entitled to be heard on the taxation not less than 14 days’ notice of the day, time and place appointed for the taxation.

(2) Subject to rule 32, where a party has begun proceedings for taxation in accordance with rule 29, the proper officer shall as soon as practicable give notice to any other party whose costs are to be taxed in the proceedings of the period within which his bill of costs (together with all necessary papers and vouchers) are to be sent to the Taxing Master.

(3) A party whose costs are to be taxed (except a solicitor whose costs are to be taxed by virtue of an order made under Article 66 of the Solicitors (Northern Ireland) Order 1976) must within 7 days after beginning the proceedings for taxation or, as the case may be, receiving notice under paragraph (2),—

(a) send a copy of his bill of costs to every other party entitled to be heard on the taxation, and

(b) notify the proper officer that he has done so.

(4) Where in beginning or purporting to begin any taxation proceedings or at any stage in the course of or in connection with those proceedings, there has been a failure to comply with the requirements of this Order, whether in respect of time or in any other respect, the failure shall be treated as an irregularity and shall not nullify the taxation proceedings or any step taken in those proceedings.

(5) The Taxing Master may, on the ground that there has been such a failure as is mentioned in paragraph (4), and on such terms as he thinks just, set aside either wholly or in part the taxation proceedings or exercise his powers under this Order to make such order (if any) dealing with the taxation proceedings generally as he thinks fit.

(6) Order 3, rule 6 shall not apply to taxation proceedings.

Provisional taxation

31

(1) Where in taxation proceedings duly begun in accordance with rule 29, only the party who commenced the proceedings is entitled to be heard on the taxation, the proper officer shall, unless the Taxing Master otherwise directs, send to that party a notice specifying the amount which the Taxing Master proposes to allow in respect of the bill of costs and requiring him to inform the proper officer within 14 days after receipt of the notice, if he wishes to be heard on the taxation.

(2) If the party referred to in paragraph (1) informs the proper officer within the time limited that he wishes to be heard on the taxation, the proper officer shall fix a day and time for the taxation and give not less than 14 days’ notice thereof to that party.

(3) Except on the taxation of a solicitor’s bill to his own client or where paragraph (1) applies, where in taxation proceedings begun in accordance with rule 29—

(a) the party lodging the bill so requests and the Taxing Master considers it to be appropriate, or

(b) the Taxing Master so decides,

the Taxing Master may, instead of proceeding under rule 30(1), proceed under paragraphs (4) to (7) of this rule.

(4) Where the Taxing Master decides to proceed under this and the following paragraphs of this rule, the proper officer shall send to each party entitled to be heard on the taxation (except the party whose bill it is) a notice requiring him to inform the proper officer within 14 days after receipt of the notice if he wishes to be heard on the taxation.

(5) If any party to whom notice has been given under paragraph (4) informs the proper officer within the time limited that he wishes to be heard on the taxation, the proper officer shall fix an appointment for the taxation and give not less than 14 days’ notice of the appointment to every party entitled to be heard.

(6) If no party to whom notice has been given under paragraph (4) informs the proper officer within the time limited that he wishes to be heard on the taxation, the proper officer shall, unless the Taxing Master otherwise directs, send to the party lodging a bill a notice specifying the amount which the Taxing Master proposes to allow in respect of the bill and requiring that party to inform the proper officer within 14 days after receipt of the notice if he wishes to be heard on the taxation.

(7) If the party lodging the bill informs the proper officer within the time limited under paragraph (6) that he wishes to be heard on the taxation, the proper officer shall fix an appointment for the taxation and give not less than 14 days’ notice of the appointment to that party.

Short and urgent taxations

32

(1) Where a party entitled to require that taxation of any costs of or arising out of proceedings to which this Order applies begins proceedings for the taxation of those costs in accordance with rule 29 then if, when he begins such proceedings, he satisfies the proper officer—

(a) that, in view of the amount of any bill of costs to be taxed, the time required for taxation is likely to be short, and

(b) that the speedy completion of the taxation is necessary in the interests of any person concerned in the taxation,

the proper officer shall enter the proceedings for taxation in a list kept for the purposes of this rule and shall forthwith give notice of the day and time appointed for the taxation to the party whose costs are to be taxed.

(2) A party whose costs are to be taxed in proceedings entered in the list referred to in paragraph (1) must not less than 4 days before the day appointed for the taxation send a copy of his bill of costs to every other party entitled to be heard on the taxation with a notice of the day and time appointed for the taxation.

[ Short Form Taxation

32A

(1) [^f00410] Where one or more items [[^f00411] ...) are in dispute between the parties the Taxing Master may conduct a taxation in accordance with this rule (hereinafter referred to as “short form taxation”).]

(2) This rule shall not apply to any taxation under Schedule 2 to the Legal Aid and Assistance (Northern Ireland) Order 1981.

(3) Rule 29 shall apply to a short form taxation subject to the following modifications of sub-paragraphs 7(c) and (d);

(a) the bill of costs shall be in Form 1 (Application for Short Form Taxation) in Appendix 4 to this Order; and

(b) unless the Taxing Master otherwise orders, only those papers and vouchers relevant to the items in dispute shall be lodged in the Supreme Court Taxing Office.

(4) Nothing in Rule 27(3) or, with the exception of paragraphs (4) and (5) of Rule 30, in Rules 30 to 32 shall apply to a short form taxation.

(5) Where a party has begun proceedings in accordance with this rule, the proper officer shall enter the proceedings in accordance with this rule, the proper officer shall enter the proceedings for taxation in a list kept for the purposes of this rule and shall forthwith give notice of the day and time appointed for the taxation of the party whose costs are to be taxed.

(6) The party whose costs are to be taxed under this rule shall, not less than four days before the day appointed for the taxation, send a copy of Form 1 to every other party entitled to be heard on the taxation with a notice of the day and time appointed for the taxation.]

PART VI — REVIEW OF TAXATION

Application to Taxing Master for review

33

(1) Any party to any taxation proceedings who is dissatisfied with any decision of the Taxing Master (other than a decision on a provisional taxation) may apply to the Taxing Master to review his decision.

(2) An application under this rule for review of the Taxing Master’s decision must be made within 21 days after that decision or within such other period as may be fixed by the Taxing Master.

(3) Every applicant for review under this rule must at the time of making his application deliver to the Taxing Master his objections in writing specifying what is objected to and stating concisely the nature and grounds of the objection in each case, and must deliver a copy of the objections to any other party who was entitled to receive notice of the appointment for the taxation pursuant to rules 30 and 31.

(4) A party to whom a copy of the objections is delivered under this rule may, within 21 days after delivery of the copy to him or such other period as may be fixed by a Taxing Master, deliver to the Taxing Master answers in writing to the objections stating concisely the grounds on which he will oppose the objections, and must at the same time deliver a copy of the answers to the party applying for review and to any other party who was entitled to receive notice of the appointment for the taxation pursuant to rules 30 and 31

Review by Taxing Master

34

(1) A review under rule 33 shall be carried out by the Taxing Master.

(2) On a review under rule 33, the Taxing Master may receive further evidence and may exercise all the powers which he might exercise on an original taxation, including the power to award costs of the proceedings before him; and any costs awarded by him to any party may be taxed by him and may be added to or deducted from any other sum payable to or by that party in respect of costs.

(3) On a hearing of a review under rule 33 a party to whom a copy of objections was delivered under paragraph (3) of that rule, shall be entitled to be heard in respect of all or any of the objections notwithstanding that he did not deliver written answers to the objections under paragraph (4) of that rule.

(4) The Taxing Master who issues his certificate pursuant to rule 22(1)(a) or (b) after he has considered a review under this rule, if requested to do so by any party to the proceedings before him, shall state in the certificate or otherwise in writing by reference to the objections the reasons for his decision on the review, and any special facts or circumstances relevant to it.

(5) A request under paragraph (4) must be made within 14 days after the review or such other period as may be fixed by the Taxing Master.

Review by a judge

35

(1) Any party who is dissatisfied with the decision of the Taxing Master on a review under rule 33 may apply to a judge for an order to review that decision either in whole or in part, provided that one of the parties to the taxation proceedings has requested the Taxing Master to state the reasons for his decision in accordance with rule 34(4).

(2) An application under this rule may be made at any time within 14 days after the Taxing Master has issued a certificate in accordance with rule 34(4).

(3) An application under this rule shall be made by summons and shall, unless the judge thinks fit to adjourn it into Court, be heard in chambers.

(4) Unless the judge otherwise directs, no further evidence shall be received on the hearing of an application under this rule and no ground of objection shall be raised which was not raised on the review by the Taxing Master but save as aforesaid, on the hearing of any such application the judge may exercise all such powers and discretion as are vested in the Taxing Master in relation to the subject matter of the application.

(5) On an application under this rule the judge may make such order as the circumstances may require and in particular may order the Taxing Master’s certificate to be amended or, except where the dispute as to the item under review is as to amount only, order the item to be remitted to the Taxing Master for taxation.

APPENDIX 1

Requisite document for purposes of rule 29

1

(1) Where a party is entitled to require any costs to be taxed by virtue of a judgment or order given or made in any proceedings in the High Court or in the Court of Appeal, the requisite document for the purposes of rule 29 is the judgment or order as the case may be.

(2) Where the entitlement arises by virtue of a direction of the Court given under these rules, the requisite document is that direction.

2

Where a party is entitled by virtue of rule 5(3), (4) or (5) to require any costs to be taxed, the requisite document for the purposes of rule 29 is:—

(a) where he is so entitled by virtue of rule 5(3), the notice given to him under Order 21, rule 2;

(b) where he is so entitled by virtue of rule 5(4) or (5), a certified copy of the notice given by him under Order 22, rule 3.

3

Where a party is entitled to require taxation by the Taxing Master of any costs directed to be taxed or paid by an order, award or other determination of a tribunal or other body constituted by or under any statutory provision, the requisite document for the purposes of rule 29 is the order, award or other determination, as the case may be.

4

(1) Where a party is entitled by virtue of rule 6(9) to require any costs to be taxed, the requisite document for the purposes of rule 29 is the order made under section 31 or 32 of the Administration of Justice Act 1970, as the case may be.

(2) The costs of calling an expert witness with regard to any question as to which a court expert is appointed under Order 40, or a scientific adviser is appointed under Order 104, rule 11, shall not be allowed on a taxation of costs on the standard basis, unless the Court at the trial has certified that the calling of the witness was reasonable.

(3) Where—

(a) an action or counterclaim for the infringement of a patent, or

(b) a petition for revocation of a patent under section 32 of the Patents Act 1949, or

(d) a counterclaim for the revocation of a patent under section 61 of the Patents Act 1949, or

(e) a counterclaim in proceedings for the infringement of a patent under section 61 of the Patents Act 1977,

proceeds to trial, no costs shall be allowed to the parties serving any particulars of breaches or particulars of objection in respect of any issues raised in those particulars and relating to that patent except insofar as those issues or particulars have been certified by the Court to have been proven or to have been reasonable.

APPENDIX 2

PART I

Amount of costs

1

(1) The amount of costs to be allowed shall (subject to rule 18 and to any order of the Court fixing the costs to be allowed) be in the discretion of the Taxing Master.

(2) In exercising his discretion the Taxing Master shall have regard to all the relevant circumstances, and in particular to:—

(a) the complexity of the item or of the cause or matter in which it arises and the difficulty or novelty of the questions involved;

(b) the skill, specialised knowledge and responsibility required of, and the time and labour expended by, the solicitor or counsel;

(d) the place and circumstances in which the business involved is transacted;

(e) the importance of the cause or matter to the client;

(f) where money or property is involved, its amount or value;

(g) any other fees and allowances payable to the solicitor or counsel in respect of other items in the same cause or matter, but only where work done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question.

(3) The bill of costs shall consist of such of the items specified in Part II as may be appropriate, set out, except for item 4, in chronological order; each such item (other than an item relating only to time spent in travelling or waiting) may include an allowance for general care and conduct having regard to such of the circumstances referred to in paragraph (2) above as may be relevant to that item.

Fees to counsel

2

(1) Except in the case of taxations under the Legal Aid Advice and Assistance (Northern Ireland) Order 1981 no fee to counsel shall be allowed unless before the Taxing Master issues his certificate a receipt for the fees signed by counsel is produced.

(2) Except in taxations under rules 14 and 15:—

(a) no costs shall be allowed in respect of counsel attending before a master in chambers or of more counsel than one attending before a judge in chambers unless the master or judge, as the case may be, has certified the attendance as being proper in the circumstances of the case;

(b) a refresher fee, the amount of which shall be in the discretion of the Taxing Master, shall be allowed to counsel either

(i) for each period of 5 hours (or part thereof) after the first, during which a trial or hearing is proceeding, or

(ii) at the discretion of the Taxing Master, in respect of any day after the first day, on which the attendance of counsel at the place of trial was necessary.

Items to be authorised, certified, etc.

3

In an action arising out of an accident on land, the costs of preparing a plan (other than a sketch plan) of the place where the accident happened shall not be allowed unless the Taxing Master is satisfied that it was reasonable to prepare that plan for use at the trial.

PART II

Interlocutory attendances

1

(i) Attending the hearing of any summons or other application at Court or appointment in chambers or elsewhere.

(ii) Care and conduct.

(b) Travelling and waiting.

Consultations with counsel

2

(i) Attending counsel in consultation.

(ii) Care and conduct.

(b) Travelling and waiting.

Attendance at trial or hearing

3

(i) Attending the trial or hearing of a cause or matter, or an appeal or to hear a deferred judgment.

(ii) Care and waiting.

(b) Travelling and waiting.

Preparation

4

PART AThe doing of any work which was reasonably done arising out of or incidental to the proceedings, including:—The Client: taking instructions to sue, defend, counterclaim, appeal or oppose etc, attending upon and corresponding with client; taking and preparing proofs of evidence;Witnesses: interviewing and corresponding with witnesses and potential witnesses, taking and preparing proofs of evidence and, where appropriate, arranging attendance at Court, including issue of subpoena;Expert Evidence: obtaining and considering reports or advice from experts and plans, photographs and models: where appropriate arranging their attendance at Court, including issue of subpoena;Inspections: inspecting any property or place material to the proceedings;Searches and Enquiries: making searches at offices of public records and elsewhere for relevant documents: searches in the Companies’ Registry and similar matters;Special Damages: obtaining details of special damages and making or obtaining any relevant calculations;Other Parties: attending upon and corresponding with other parties or their solicitors;Discovery: perusing, considering or collating documents for affidavit or list of documents: attending to inspect or produce for inspection any documents required to be produced or inspected by order of the Court or by virtue of Order 24;Documents: preparation and consideration of pleadings and affidavits, cases and instructions to and advice from counsel, any law involved and any other relevant documents including collating and service;Negotiations: work done in connection with negotiations with a view to settlement;Agency: correspondence with and attendances upon agents and work done by them;Interest: where relevant, the calculation of interest;Notices: preparation and service of miscellaneous notices, including notices to witnesses to attend court.

PART BThe general care and conduct of the proceedings.

PART CTravelling and waiting time in connection with the above matters.NOTE: the sums sought under each sub-paragraph (i) to (xiii) of Part A should be shown separately against each item followed by the total of all items under Part A; the sums charged under Part B and C should each be shown separately, and the total of the items under Parts A, B and C should then follow.

Taxation

5

(a) Taxation of Costs

(i) preparing the bill (where allowable) and preparing for and attending the taxation;

(ii) Care and conduct;

(iii) Travelling and waiting;

(b) Review

(i) preparing and delivering objections to the decision of the Taxing Master on taxation or answers to objections, and considering opponent’s answers or objections, as the case may be; attending hearing of review;

(ii) Care and conduct;

(iii) Travelling and waiting.

APPENDIX 3 — FIXED COSTS

PART I

Costs on recovery of a liquidated sum without trial

1

The scale of costs following paragraph 2 of this Part of this Appendix shall apply in relation to the following cases if the writ therein was issued on or after 1 June 1982 and was endorsed in accordance with Order 6, rule 2(b), with a claim for a debt or liquidated demand only of £600·00 or upwards, that is to say—

(a) cases in which the defendant pays the amount claimed or a sum of £600·00 or upwards within the time and in the manner required by the endorsement of the writ;

(b) cases in which the plaintiff obtains judgment in default of appearance under Order 13, rule 1, or under that rule by virtue of Order 83, rule 4, or judgment in default of defence under Order 19, rule 2, being in any case judgment for a sum of £600·00 or upwards;

(c) cases in which the plaintiff obtains judgment under Order 14, for a sum of £600·00 or upwards, either unconditionally or unless that sum is paid into court or to the plaintiff’s solicitors.

2

There shall be added to the basic costs set out in the said scale—

(i) if the amount recovered is less than £3,000·00, the fee payable on an Ordinary Civil Bill process in the county court for that amount, and

(ii) in any other case, the fee paid on the issue of the writ and where applicable, on the final judgment.

		Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix	Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix	Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix
		(a)	(b)	(c)
		£ p	£ p	£ p
If the amount recovered is not less than £600 but less than £2,000—	If the amount recovered is not less than £600 but less than £2,000—
	(i) where the writ was served by post	61·25	80·75	142·00
	(ii) where the writ was served on the defendant personally	69·00	87·00	149·00
not less than £2,000	not less than £2,000
but less than £3,000—	but less than £3,000—
	(i) where the writ was served by post	69·00	89·25	149·00
	(ii) where the writ was served on the defendant personally	75·75	94·50	156·00
not less than £3,000	not less than £3,000	89·25	129·00	184·00]
		Amount to be allowed where amount recovered is—	Amount to be allowed where amount recovered is—
		(i)	(ii)
		not less than £600·00	not less than £3,000·00
		but less than £3,000·00
		£ p	£ p
(1) Where there is more than one defendant, in respect of each additional defendant served	(1) Where there is more than one defendant, in respect of each additional defendant served	[[^f00413] 9·50	12·25
(2) Where substituted service is ordered and effected, in respect of each defendant served	(2) Where substituted service is ordered and effected, in respect of each defendant served	22·25	47·75
(3) Where service outside the jurisdiction is ordered and effected, in the case of service—	(3) Where service outside the jurisdiction is ordered and effected, in the case of service—
	(a) in England and Wales, Scotland, the Isle of Man or the Channel Islands	34·50	61·25
	(b) in any other place out of the jurisdiction	40·50	69·00
(4) In the case of judgment in default of defence or judgment under Order 14, where notice of appearance is not given on the day on which appearance is entered, and the plaintiff makes an affidavit of service for the purpose of a judgment in default of appearance (the allowance to include the service)	(4) In the case of judgment in default of defence or judgment under Order 14, where notice of appearance is not given on the day on which appearance is entered, and the plaintiff makes an affidavit of service for the purpose of a judgment in default of appearance (the allowance to include the service)	16·25	18·25
(5) In the case of judgment under Order 14 where an affidavit of service of the summons is required	(5) In the case of judgment under Order 14 where an affidavit of service of the summons is required	16·25	18·25
(6) In the case of judgment under Order 14 for each case adjournment of the summons	(6) In the case of judgment under Order 14 for each case adjournment of the summons	12·25	22·25]

3

Nothing in the preceding provisions of this Part shall apply in relation to a writ of summons issued before 1st June 1982, unless judgment in default of appearance or default of defence or under Order 14 is obtained after that date.

PART II

Costs on judgment without trial for possession of land

1

(1) Where the writ is endorsed with a claim for the possession of land the plaintiff obtains judgment—

(a) under Order 13 rule 4 or 5, in default of appearance, or

(b) under Order 19 rule 5 or 6, in default of defence, or

for possession of the land and costs, then subject to sub-paragraph (2), there shall be allowed the costs prescribed by paragraph 2 of this Part of this Appendix.

(2) Where the plaintiff is also entitled under the judgment to damages to be assessed, or where the plaintiff claims any relief of the nature specified in Order 88 rule 1, this part of this Appendix shall not apply.

2

The costs to be allowed under this Part of this Appendix shall be the costs which would be allowed under Part I (together with the fee paid on the writ) if judgment had been obtained in the same circumstances, that is to say, in default of appearance or defence or under Order 14 but the writ has been endorsed with a claim for a debt or liquidated demand only of 600.00 or upwards and judgment for not less than 4,000.00 has been obtained.

PART III

Miscellaneous

1

Where the plaintiff or defendant signs judgment for costs under rule 10, there shall be allowed—

2

Where a certificate of judgment or decree is registered in the High Court in the Register for United Kingdom Judgments under Schedule 6 to the Civil Jurisdiction and Judgments Act 1982, there shall be allowed—

3

Where proceedings are taken pursuant to Order 111, there shall be marked on the judgment summons in respect of the costs thereof ...... . ..... ......... [[^f00414] £13.00

[(a) APPENDIX 4

FORM No. 1

APPLICATION FOR SHORT FORM TAXATION

[No Order made]

Sittings of Supreme Court

1

The sittings of the Court of Appeal and of the High Court shall be three in every year, that is to say—

(a) the Michaelmas sittings which shall begin on 5th September and end on 21st December, subject to a recess from the Monday which falls on or nearest to 31st October to the following Friday, both days included, [[^f00415] or on such other five days as the Lord Chief Justice may direct];

(b) the Hilary sittings which shall begin on 6th January and end on the Friday before Good Friday; and

[ Vacation

2

(1) One or more judges of the High Court or Court of Appeal shall sit in vacation on such days as the Lord Chief Justice may from time to time direct, to hear such causes or matters as require to be immediately or promptly heard.

(2) A judge who sits in accordance with paragraph (1) shall be known as the “Vacation Judge”.]

[[^f00417] . . .]

Hearing of applications, etc. in vacation

4

(1) All such applications as require to be immediately or promptly heard shall be heard in vacation by the Vacation Judge, a court of two or more judges or the Court of Appeal, as may be necessary.

(2) Any party to a cause or matter may at any time apply by summons to a judge for an order that the cause or matter shall be tried or heard during vacation, and if the judge is satisfied that there is urgent need for the trial or hearing to take place in vacation he may make an order accordingly and fix a date for the trial or hearing.

Supreme Court Offices: days on which open and office hours

5

(1) The offices of the Supreme Court shall be open on every day of the year except—

(a) Saturdays and Sundays,

(b) Good Friday and the day after Easter Monday.

(i) if that day is a Saturday, then 23rd December,

(ii) if that day is a Sunday or Tuesday, then 27th December,

(d) Christmas Day, and, if that day is a Friday or Saturday, then 28th December,

(e) Bank Holidays in Northern Ireland under the Banking and Financial Dealings Act 1971[^f00418]; and

(f) such other days as the [[^f00419] Department of Justice], with the concurrence of the Lord Chief Justice, may direct.

(2) The hours during which any office of the Court of Judicature shall be open to the public shall be such as the [[^f00419] Department of Justice], with the concurrence of the Lord Chief Justice, may from time to time direct.

When personal service required

1

(1) Any document which by virtue of these Rules is required to be served on any person need not be served personally unless the document is one which by an express provision of these Rules or by order of the Court is required to be so served.

(2) Paragraph (1) shall not affect the power of the Court under any provision of these Rules to dispense with the requirement for personal service.

Personal service: how effected

2

Personal service of a document is effected by leaving a copy of the document with the person to be served.

Service on body corporate

3

(1) Personal service of a document on a body corporate may, in cases for which provision is not otherwise made by any statutory provision, be effected by serving it in accordance with rule 2 on the mayor, chairman or president of the body, or the town clerk, clerk, secretary, treasurer or other similar officer thereof.

(2) Where a writ is served on a body corporate in accordance with Order 10 rule 1(2), that rule shall have effect as if for the reference to the usual or last known address of the defendant there were substituted a reference to the registered or principal office of the body corporate.

Substituted service

4

(1) If, in the case of any document which by virtue of any provision of these Rules is required to be served personally or is a document to which Order 10 rule 1 applies, it appears to the Court that it is impracticable for any reason to serve that document in the manner prescribed, the Court may make an order for substituted service of that document.

(2) An application for an order for substituted service may be made by an affidavit stating the facts on which the application is founded.

(3) Substituted service of a document, in relation to which an order is made under this rule, is effected by taking such steps as the Court may direct to bring the document to the notice of the person to be served.

Ordinary service: how effected

5

(1) Service of any document, not being a document which by virtue of any provisions of these Rules is required to be served personally, [[^f00420] or] a document to which Order 10 rule 1, applies may be effected—

(a) by leaving the document at the proper address of the person to be served, or

(b) by post, or

(d) [^f00423] through a document exchange in accordance with paragraph (2B).]

(2) For the purposes of this rule, and of section 7 of the Interpretation Act 1978[^f00424], in its application to this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person had no address for service his proper address for the purposes aforesaid shall be—

(a) in any case, the business address of the solicitor (if any) who is acting for him in the proceedings in connection with which service of the document in question is to be effected, or

(b) in the case of an individual, his usual or last known address, or

(c) in the case of individuals who are suing or being sued in the name of a firm, the principal or last known place of business of the firm within the jurisdiction, or

(d) in the case of a body corporate, the registered or principal office of the body.

(2A) [^f00425]—(1) Service by FAX may be effected where—

(a) the party serving the document acts by a solicitor,

(b) the party on whom the document is served acts by a solicitor and service is effected by transmission to the business address of such a solicitor,

(c) the solicitor acting for the party on whom the document is served has indicated in writing to the solicitor serving the document that he is willing to accept service by FAX at a specified FAX number and the document is transmitted to that number; and for this purpose the inscription of a FAX number on the writing paper of a solicitor shall be deemed to indicate that such solicitor is willing to accept service by FAX at that number in accordance with this paragraph unless he states otherwise in writing; and

(d) as soon as practicable after service by FAX the solicitor acting for the party serving the document dispatches a copy of it to the solicitor acting for the other party by any of the other methods prescribed for service by paragraph (1), and if he fails to do so, the document shall be deemed never to have been served by FAX.

(2) Where the FAX is transmitted on a business day before 4.00 p.m. it shall, unless the contrary is shown, be deemed to be served on that day, and, in any other case, on the business day next following.

(3) In this rule “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday as defined in Order 3, rule 2(6).]

(2B) [^f00426] Where—

(a) the proper address for service includes a numbered box at a document exchange, or

(b) there is inscribed on the writing paper of the party on whom the document is served (where such party acts in person) or on the writing paper of his solicitor (where such party acts by a solicitor) a document exchange box number, and such a party or his solicitor (as the case may be) has not indicated in writing to the party serving the document that he is unwilling to accept service through a document exchange,

service of the document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.]

(3) Nothing in this rule shall be taken as prohibiting the personal service of any document or as affecting any statutory provision which provides for the manner in which documents may be served on bodies corporate. [[^f00427]; and “document exchange” means any document exchange for the time being approved by the [[^f00428] Department of Justice.]]

Service on Minister, etc., in proceedings which are not by or against the Crown

6

Where for the purpose of or in connection with any proceedings in the Court of Judicature, not being civil proceedings by or against the Crown within the meaning of Part II of the Crown Proceedings Act 1947[^f00429], any document is required by any statutory provision or these Rules to be served on the Minister or Head of a government department which is an authorised department for the purposes of that Act, or on such a department or on the Attorney General, section 18 of the said Act, of 1947 and Order 77 rule 4, shall apply in relation to the service of the document as they apply in relation to the service of documents required to be served on the Crown for the purpose of or in connection with any civil proceedings by or against the Crown.

Effects of service after certain hours

7

Any document (other than a writ of summons or other originating process) service of which is effected under rule 2 or under rule 5(1)(a) after twelve noon on a Saturday or after four in the afternoon on any other weekday shall, for the purpose of computing any period of time after service of that document, be deemed to have been served on the Monday following that Saturday or on the day following that other weekday, as the case may be.

Affidavit of service

8

Except as provided in Order 10 rule 1(3)(b) and Order 81 rule 3(2)(b) an affidavit of service of any document must state by whom the document was served, the day of the week and date on which it was served, where it was served and how.

No service required in certain cases

9

Where by virtue of these Rules any document is required to be served on any person but is not required to be served personally or in accordance with Order 10 rule 1(2) and at the time when service is-to be effected that person is in default as to entry of appearance or has no address for service the document need not be served on that person unless the Court otherwise directs or any of these Rules otherwise provides.

Quality and size of paper

1

(1) Unless the nature of the document renders it impracticable, every document prepared by a party for use in the Supreme Court must be on paper of durable quality, approximately 297mm long, by 210mm wide or A4ISO having a margin, not less than 38mm wide, to be left blank on the left side of the face of the paper and on the right side of the reverse.

(2) In these Rules the expressions “A3”, “A4” and “A5” followed by the letters “ISO” mean respectively the size of paper so referred to in the specifications of the International Standards Organisation.

Regulations as to printing, etc.

2

(1) Except where these Rules otherwise provide, every document prepared by a party for use in the Supreme Court must be produced by one of the following means, that is to say, printing, writing (which must be clear and legible) and typewriting otherwise than by means of a carbon, and may be produced partly by one of those means and partly by another or others of them.

(2) For the purposes of these rules a document shall be deemed to be printed if it is produced by type lithography or stencil duplicating.

(3) Any type used in producing a document for use as aforesaid must be such as to give a clear and legible impression and must be not smaller than 11 point type for printing or elite type for type lithography, stencil duplicating or typewriting.

(4) Any document produced by a photographic or similar process giving a positive and permanent representation free from blemishes shall, to the extent that it contains a facsimile of any printed, written or typewritten matter, be treated for the purposes of these rules as if it were printed, written or typewritten, as the case may be.

(5) Any notice required by these Rules may not be given orally except with the leave of the Court.

Copies of documents for other party

3

(1) Where a document is prepared by a party for use in the Supreme Court is printed the party by whom it was prepared must, on receiving a written request from any other party entitled to a copy of that document and on payment of the proper charges, supply him with such number of copies thereof, not exceeding ten, as may be specified in the request.

(2) Where a document prepared by a party for use in the Supreme Court is written or typewritten, the party by whom it was prepared must supply any other party entitled to a copy of it, not being a party on whom it has been served, with one copy of it and, where the document in question is an affidavit, of any document exhibited to it. The copy must be ready for delivery within 48 hours after a written request for it, together with an undertaking to pay the proper charges, is received and must be supplied thereafter on payment of those charges.

Requirements as to copies

4

(1) Before a copy of a document is supplied to a party under these Rules it must be indorsed with the name and address of the party or solicitor by whom it was supplied.

(2) The party by whom a copy is supplied under rule 3, or, if he sues or appears by a solicitor, his solicitor, shall be answerable for the copy being a true copy of the original or of an office copy, as the case may be.

Right to inspect, etc., certain documents filed in Court Offices

5

(1) Any person shall, on payment of the prescribed fee, be entitled during office hours to search for, inspect and take a copy of any of the following documents filed in the Central Office, [[^f00430] the Chancery Office or the Bankruptcy and Companies Office]—

(a) the copy of any writ of summons or other originating process,

(b) any judgment or order given or made in court or the copy of any such judgment or order, and

[[^f00431] . . .]

(3) Nothing in the foregoing provisions shall be taken as preventing any party to a cause or matter searching for, inspecting and taking or bespeaking a copy of any affidavit or other document filed in that cause or matter or filed before the commencement of that cause of matter but made with a view to its commencement.

[E.O. 63 r. 4]

(4) For the purpose of this rule, a decree made in chambers in a limitation action as defined in Order 75, rule 1(2), shall be deemed to have been made in Court.

[E.O. 75 r. 46(4)]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of change of solicitor

1

(1) A party to any cause or matter who sues or defends by a solicitor may change his solicitor without an order for that purpose but, unless and until notice of the change is filed and copies of the notice are served in accordance with this rule, the former solicitor shall, subject to rules 4 and 5, be considered the solicitor of the party until the final conclusion of the cause or matter, whether in the High Court or the Court of Appeal.

(2) Notice of a change of solicitor must be filed in the appropriate office.

(3) The party giving the notice must serve on every other party to the cause or matter (not being a party in default as to entry of appearance) and on the former solicitor a copy of the notice indorsed with a memorandum stating that the notice has been duly filed in the appropriate office (naming it).

(4) The party giving the notice may perform the duties prescribed by this rule in person or by his new solicitor.

Notice of appointment of solicitor

2

Where a party, after having sued or defended in person, appoints a solicitor to act in the cause or matter on his behalf, the change may be made without an order for that purpose and rule 1(2), (3) and (4) shall, with the necessary modifications, apply in relation to a notice of appointment of a solicitor as they apply in relation to a notice of change of solicitor.

Notice of intention to act in person

3

Where a party, after having sued or defended by a solicitor, intends and is entitled to act in person, the change may be made without an order for that purpose and rule 1 shall, with the necessary modifications, apply in relation to a notice of intention to act in person as it applies in relation to a notice of change of solicitor except that the notice of intention to act in person must contain an address for service of the party giving it.

Removal of solicitor from record at instance of another party

4

(1) Where—

(a) a solicitor who has acted for a party in a cause or matter has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll of solicitors or has been suspended from practising or has for any other reason ceased to practise, and

(b) the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the foregoing provisions of this Order,

any other party to the cause or matter may apply to the Court, or if an appeal to the Court of Appeal is pending in the cause or matter, to the Court of Appeal, for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the cause or matter, and the Court or Court of Appeal, as the case may be, may make an order accordingly.

(2) An application for an order under this rule must be made by summons or, in the case of an application to the Court of Appeal, by motion, and the summons or notice of motion must, unless the Court or Court of Appeal, as the case may be, otherwise directs, be served on the party to whose solicitor the application relates.

The application must be supported by an affidavit stating the grounds of the application.

(3) Where an order is made under this rule the party on whose application it was made must—

(a) serve on every other party to the cause or matter (not being a party in default as to entry of appearance) a copy of the order, and

(b) procure the order to be entered in the appropriate office, and

(c) leave at that office a copy of the order and a certificate signed by him or his solicitor that the order has been duly served as aforesaid.

(4) An order made under this rule shall not affect the rights of the solicitor and the party for whom he acted as between themselves.

Withdrawal of solicitor who has ceased to act for party

5

(1) Where a solicitor who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with rule 1, or notice of intention to act in person in accordance with rule 3, the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the cause or matter, and the Court or Court of Appeal, as the case may be, may make an order accordingly, but unless and until the solicitor—

(a) serves on every party to the cause or matter (not being a party in default as to entry of appearance) a copy of the order, and

(b) procures the order to be entered in the appropriate office, and

(c) leaves at that office a copy of the order and a certificate signed by him that the order has been duly served as aforesaid,

he shall, subject to the foregoing provisions of this Order, be considered the solicitor of the party till the final conclusion of the cause or matter, whether in the High Court or Court of Appeal.

(2) An application for an order under this rule must be made by summons or, in the case of an application to the Court of Appeal, by motion, and the summons or notice of motion must, unless the Court or the Court of Appeal, as the case may be, otherwise directs, be served on the party for whom the solicitor acted.

The application must be supported by an affidavit stating the grounds of the application.

(3) An order made under this rule shall not affect the rights of the solicitor and the party for whom he acted as between themselves.

(4) Notwithstanding anything in paragraph (1), where the certificate of an assisted person within the meaning of the Legal Aid (General) Regulations (Northern Ireland) 1965[^f00433] is revoked or discharged, the solicitor who acted for the assisted person shall cease to be the solicitor acting in the cause of matter as soon as his retainer is determined under regulation 13(2) of the said Regulations; and if the assisted person whose certificate has been revoked or discharged desires to proceed with the cause or matter without legal aid and appoints that solicitor or another solicitor to act on his behalf, the provisions of rule 2 shall apply as if that party had previously sued or defended in person.

Address for service of party whose solicitor is removed, etc.

6

Where—

(a) an order is made under rule 4, or

(b) an order is made under rule 5, and the applicant for that order has complied with rule 5(1), or

(c) the certificate of an assisted person within the meaning of the Legal Aid (General) Regulations (Northern Ireland) 1965 is revoked or discharged,

then, unless and until the party to whose solicitor or to whom, as the case may be, the order or certificate relates either appoints another solicitor and complies with rule 2 or, being entitled to act in person, gives notice of his intention so to do and complies with rule 3, his last known address or, where the party is a body corporate, its registered or principal office shall, for the purpose of the service on him of any document not required to be served personally, be deemed to be his address for service.

ORDER 68

[No Order made]

Definitions

1

In this Order—

“a convention country” means a foreign country in relation to which there subsists a civil procedure convention providing for service in that country of process of the High Court, and includes a country which is a party to 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;

“process” includes a citation;

“process server” means the process server appointed under rule 4 or his authorised agent;

“Master” means the Master (Queen’s Bench and Appeals).

Applications

2

This Order applies to the service on a person in Northern Ireland of any process in connection with civil or commercial proceedings in a foreign court or tribunal where the Master receives a written request for service—

(a) from the Secretary of State for Foreign, Commonwealth and Development Affairs, with a recommendation by him that service should be effected, or

(b) where the foreign court or tribunal is in a convention country, from a consular or other authority of that country.

Service of process

3

(1) The request shall be accompanied by a translation thereof in English, two copies of the process and, unless the foreign court or tribunal certifies that the person to be served understands the language of the process, two copies of a translation thereof.

(2) Subject to paragraphs (3) and (5) and to any statutory provision providing for the manner of service of documents on corporate bodies, the process shall be served by the process server’s leaving a copy of the process and a copy of the translation or certificate, as the case may be, with the person to be served.

(3) The provisions of Order 10, rule 1(2)(a) and (b) shall apply to the service of foreign process as they apply to the service of writs, except that service may be proved by an affidavit or by a certificate or report in such form as the Master may direct.

(4) The process server shall send to the Master a copy of the process and an affidavit, certificate or report proving due service of process or stating the reason why service could not be effected, as the case may be, and shall, if the Court so directs, specify the costs incurred in effecting or attempting to effect service.

(5) Order 65, rule 4 (substituted service), shall apply to the service of foreign process as it applies to the service of writs, except that the Master may make an order for substituted service of foreign process on the basis of the process server’s affidavit, certificate or report, without an application being made to him in that behalf.

(6) The Master shall send a certificate, together with a copy of the process, to the consular or other authority or the Secretary of State, as the case may be, stating—

(i) when and how service was effected or the reason why service could not be effected, as the case may be;

(ii) where appropriate, the amount certified by the Master (Taxing Office) to be the costs of effecting or attempting to effect service.

(7) The certificate under paragraph (6) shall be sealed with the seal of the Supreme Court.

Appointment of process server

4

The Lord Chancellor may appoint a process server for the purposes of this Order.]

Interpretation and exercise of jurisdiction

1

(1) In this Order “the Act of 1975” means the Evidence (Proceedings in Other Jurisdictions) Act 1975[^f00435];

“The Crown Solicitor” means the Crown Solicitor for Northern Ireland;

“The Master” means the Master (Queen’s Bench and Appeals);

“The Secretary of State” means the Secretary of State for Foreign, Commonwealth and Development Affairs .

(2) The power of the High Court to make an Order under section 2 of the Act of 1975 may be exercised by the Master.

Application for order

2

(1) Subject to paragraph (3) and rule 3, an application for an order under the Act of 1975 must be made ex parte and must be supported by affidavit.

(2) There shall be exhibited to the affidavit the request in pursuance of which the application is made, and if the request is not in the English language, a translation thereof in that language.

(3) Where on an application under section 1 of the Act of 1975 as applied by section 92 of the Patents Act 1977[^f00436] an order is made for the examination of witnesses, the Court may allow an officer of the European Patent Office to attend the examination and examine the witnesses or request the Court or the examiner before whom the examination takes place to put specified questions to them.

Application by Crown Solicitor in certain cases

3

Where a request—

(a) is received by the Secretary of State and sent by him to the Master with an intimation that effect should be given to the request without requiring an application for that purpose to be made by the agent in Northern Ireland or any party to the matter pending or contemplated before the foreign court or tribunal, or

(b) is received by the Master in pursuance of a Civil Procedure Convention providing for the taking of the evidence of any person in Northern Ireland for the assistance of a court or tribunal in the foreign country, and no person is named in the document as the person who will make the necessary application on behalf of such party;

the Master shall send the document to the Crown Solicitor and the Crown Solicitor may, with the consent of the Treasury, make an application for an order under the Act of 1975, and take such other steps as may be necessary, to give effect to the request.

Person to take and manner of taking examination

4

Any order made in pursuance of this Order for the examination of a witness may order the examination to be taken before any fit and proper person nominated by the person applying for the order or before such other qualified person as to the Court seems fit.

Dealing with deposition

5

Unless any order made in pursuance of this Order for the examination of any witness otherwise directs, the examiner before whom the examination was taken must send the deposition of that witness to the Master and the Master shall—

(a) give a certificate sealed with the seal of the Supreme Court for use out of the jurisdiction identifying the documents annexed thereto, that is to say, the request, the order of the Court for examination and the deposition taken in pursuance of the order; and

(b) send the certificate with the documents annexed thereto to the Secretary of State, or, where the request was sent to the Master by some other person in accordance with a Civil Procedure Convention, to that other person, for transmission to that court or tribunal.

Claim to privilege

6

(1) The provisions of this rule shall have effect where a claim by a witness to be exempt from giving any evidence on the ground specified in section 3(1)(b) of the Act of 1975 is not supported or conceded as mentioned in sub-section (2) of that section.

(2) The examiner may, if he thinks fit, require the witness to give the evidence to which the claim relates and, if the examiner does not do so the Court may do so, on the ex parte application of the person who obtained the order under section 2.

(3) If such evidence is taken—

(a) it must be contained in a document separate from the remainder of the deposition of the witness;

(b) the examiner shall send to the Master with the deposition a statement signed by the examiner setting out the claim and the ground on which it was made;

(c) on receipt of the statement the Master shall, notwithstanding anything in rule 5, retain the document containing the part of the witness’s evidence to which the claim relates and shall send the statement and a request to determine the claim to the foreign court or tribunal with the documents mentioned in rule 5;

(d) if the claim is rejected by the foreign court or tribunal, the Master shall send to that court or tribunal the document containing that part of the witness’s evidence to which the claim relates, but if the claim is upheld he shall send the document to the witness, and shall in either case notify the witness and the person who obtained the order under section 2 of the court or tribunal’s determination.

[ 1. RECIPROCAL ENFORCEMENT: THE ADMINISTRATION OF JUSTICE ACT 1920 AND THE FOREIGN JUDGEMENTS (RECIPROCAL ENFORCEMENT) ACT 1933]

Powers under relevant Acts exercisable by judge or master

1

The powers conferred on the High Court by Part II of the Administration of Justice Act 1920[^f00439] (in this part of this Order referred to as the “Act of 1920”) or Part I of the Foreign Judgements (Reciprocal Enforcement) Act 1933[^f00440] (in this part of this Order referred to as the “Act of 1933”) may be exercised by a judge in chambers and a master.

Application for registration

2

(1) An application—

(a) under section 9 of the Act of 1920, in respect of a judgement obtained in a superior court in any part of Her Majesty’s dominions or other territory to which Part III of that Act applies, or

(b) under section 2 of the Act of 1933, in respect of a judgment to which Part I of that Act applies,

to have the judgment registered in the High Court may be made ex-parte, but the Court hearing the application may direct a summons to be issued:

(2) If the Court directs a summons to be issued, the summons shall be an originating summons.

(3) No appearance neeed be entered to an originating summons under this rule.

Evidence in support of application

3

(1) An application for registration must be supported by an affidavit—

(a) exhibiting the judgment of a verified or certified or otherwise duly authenticated copy thereof and, where the judgment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit;

(b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;

(i) that the judgment creditor is entitled to enforce the judgement;

(ii) as the case may require, either at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied;

(iii) where the application is made under the Act of 1920, that the judgment does not fall within any of the cases in which a judgment may not be ordered to be registered under section 9 of that Act;

(iv) where the application is made under the Act of 1933, that at the date of the application the judgement can be enforced by execution in the country of the original court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 4 of that Act;

(d) specifying, where the application is made under the Act of 1933, the amount of interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of the registration;

(e) verifying that the judgment [[^f00441] is not a judgment] to which section 5 of the Protection of Trading Interests Act 1980[^f00442] applies.

(2) Where a judgment sought to be registered under the Act of 1933 is in respect of different matters, and some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments those judgments could properly have been registered, the afffidavit must state the provision in respect of which it is sought to register the judgment.

(3) In the case of an application under the Act of 1933, the affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order in Council extending that Act to that country.

Security for costs

4

Save as otherwise provided by any relevant Order in Council, the court may order the judgment creditor to give security for the costs of the application for registration and of any proceedings which may be brought to set aside the registration.

Order for registration

5

(1) Except where the order giving leave to register a judgment is made on summons, no such order need be served on the judgment debtor.

(2) Every such order shall state the period within which an application may be made to set aside the registration and shall contain a notification that the judgment will not be enforced until after the expiration of that period.

(3) The Court may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, extend the period (either as originally fixed or subsequently extended) within such an application to have the registration set aside may be made.

Register of judgments

6

There shall be kept in the Central Office under the direction of the Master (Queen’s Bench and Appeals) a register of the judgments ordered to be registered under the Act of 1920 and a register of the judgments ordered to be registered under the Act of 1933.

Notice of registration

7

(1) Notice of the registration of a judgment must be served on the judgment debtor by delivering it to him personally or by sending it to him at his usual or last known place of abode or business or in such other manner as the Court may direct.

(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8, shall apply in relation to such a notice as they apply in relation to notice of a writ.

(3) The notice of registration must state—

(a) full particulars of the judgment registered and the order for registration,

(b) the name and address of the judgment creditor or of his solicitor or agent on whom, and at which, any summons issued by the judgment debtor may be served,

(d) the period within which an application to set aside the registration may be made.

Application to set aside registration

8

(1) An application to set aside the registration of a judgment must be made by summons supported by affidavit.

(2) The Court hearing such application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in which an issue in an action may be ordered to be tried.

(3) Where the Court hearing an application to set aside the registration of a judgment registered under the Act of 1920 is satisfied that the judgment falls within any of the cases in which a judgment may not be ordered to be registered under section 9 of that Act or that it is not just or convenient that the judgment should be enforced in Northern Ireland or that there is some other sufficient reason for setting aside the registration, it may order the registration of the judgment to be set aside on such terms as it thinks fit.

Determination of certain questions

9

If, in any case under the Act of 1933, any question arises whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, that question shall be determined in accordance with the provisions in that behalf contained in the Order in Council extending Part I of that Act to that country.

Rules to have effect subject to Orders in Council

10

The foregoing rules shall, in relation to any judgment registered or sought to be registered under the Act of 1933, have effect subject to any such provisions contained in the Order in Council extending Part I of that Act to the country of the original court as are declared by the Order to be necessary for giving effect to the agreement made between Her Majesty and that country in relation to matters with respect to which there is power to make those rules.

Certified copy of High Court judgment

11

(1) An application under section 10 of the Act of 1920 or section 10 of the Act of 1933 for a certified copy of a judgment entered in the High Court must be made ex parte on affidavit to a Master.

(2) An affidavit by which an application under section 10 of the Act of 1920 is made must give particulars of the judgment, show that the judgment debtor is resident in some (stating which) part of Her Majesty’s dominions or other territory to which Part II of that Act extends and state the name, trade or business and the usual or last known place of abode of the judgment creditor and the judgment debtor respectively, so far as known to the deponent.

(3) An affidavit by which an application under section 10 of the Act of 1933 is made must—

(a) give particulars of the proceedings in which the judgment was obtained;

(b) have annexed to it a copy of the writ originating summons or other process by which the proceedings were begun, the evidence of service thereof on, or appearance by, the defendant, copies of the pleadings, if any, and a statement of the grounds on which the judgment was based;

(d) show that the judgment is not subject to any stay of enforcement;

(e) state that the time for appealing has expired or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been entered; and

(f) state the rate at which the judgment carries interest.

(4) The certified copy of the judgment shall be an office copy sealed with the seal of the Supreme Court and indorsed, with a certificate signed by a Master certifying that the copy is a true copy of a judgment obtained in the High Court in Northern Ireland and that it is issued in accordance with section 10 of the Act of 1920 or section 10 of the Act of 1933, as the case may be.

(5) Where an application is made under section 10 of the Act of 1933 there shall also be issued a certificate (signed by a Master and sealed with the seal of the Supreme Court) having annexed to it a copy of the writ originating summons or other process by which the proceedings were begun, and stating—

(a) the manner in which the writ or such summons or other process was served on the defendant or that the defendant appeared thereto;

(b) what objections, if any, were made to the jurisdiction;

(d) the grounds on which the judgment was based;

(e) that the time for appealing has expired or, as the case may be, the date on which it will expire;

(f) whether notice of appeal against the judgment has been entered, and

(g) such other particulars as it may be necessary to give to the court in the foreign country in which it is sought to obtain enforcement of the judgment,

and a certificate (signed and sealed as aforesaid) stating the rate at which the judgment carries interest.

[II. ENFORCEMENT OF EUROPEAN COMMUNITY JUDGMENTS]

Interpretation

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions under Order in Council exercisable by judge or master

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registration of Community judgments, etc.

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in support of application

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of judgments and orders

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of registration

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to vary or cancel registration

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registration of suspension order

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for enforcement of Euratom inspection order

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ III. RECIPROCAL ENFORCEMENT: THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982

Interpretation

22

(1) In this Part of this Order—

“the Act of 1982” means the Civil Jurisdiction and Judgments Act 1982;

“judgment” is to be construed in accordance with the definition of “judgment” in section 50 of the Act of 1982;

“money provision” means a provision for the payment of one or more sums of money;

“non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money;

“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at The Hague.

“the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague.

(2) For the purposes of this Part of this Order domicile is to be determined in accordance with the provisions of sections 41 to 46 of the Act of 1982.

Assignment of business and exercise of powers

23

Any application to the High Court under the Act of 1982 shall be assigned to the Queen’s Bench Division and the powers conferred on the Court by that Act shall be exercised in accordance with the provisions of Order 32, rule 11.

Application for registration

24

An application for registration of a judgment under section 4B or 4C of the Act of 1982 shall be made ex parte.

Evidence in support of application

25

(1) An application for registration under section 4B or 4C of the Act of 1982 must be supported by an affidavit—

(a) exhibiting—

(i) the judgment or a verified or certified or otherwise duly authenticated copy thereof together with such other document or documents as may be requisite to show that, according to the law of the State in which it has been given, the judgment is enforceable and has been served;

(ii) in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document;

(iii) where it is the case, a document showing that the party making the application is in receipt of legal aid in the State in which the judgment was given;

(iv) where the judgment or document is not in the English language, a translation thereof into English certified by a notary public or a person qualified for the purpose in one of the Contracting States or authenticated by affidavit; and

(v) where the application is made under section 4B of the Act of 1982, the documents specified in paragraph 1A of this rule; and

(vi) where the application is made under section 4C of the Act of 1982, the documents specified in paragraph 1B of this rule.

(b) stating—

(i) whether the judgment provides for the payment of a sum or sums of money;

(ii) whether interest is recoverable on the subject or part thereof in accordance with the law of the State in which the judgment was given, and if such be the case, the rate of interest, the date from which interest is recoverable, and the date on which interest ceases to accrue;

(c) giving an address within the jurisdiction of the Court for service of process on the party making the application and stating, so far as is known to the deponent, the name and the usual or last known address or place of business of the person against whom judgment was given;

(d) stating to the best of the information or belief of the deponent—

(i) the grounds on which the right to enforce the judgment is vested in the party making the application;

(ii) as the case may require, either that at the date of the application the judgment has not been satisfied, or the part or amount in respect of which it remains unsatisfied.

(1A) The documents referred to in rule 25(1)(a)(v) are—

(a) any documents necessary to establish that the judgment—

(i) meets the condition in Article 8(3) of the 2005 Hague Convention; and

(ii) otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention; and

(b) any other evidence required by Article 13 of the 2005 Hague Convention.

(1B) The documents referred to in rule 25(1)(a)(vi) are—

(a) any documents necessary to establish that the judgment—

(i) meets the condition in Article 4(3) of the 2019 Hague Convention;

(ii) meets at least one condition in Article 5 or 6 of the 2019 Hague Convention; and

(iii) otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention; and

(b) any other evidence required by Article 12 of the 2019 Hague Convention.

(2) Where the party making the application does not produce the documents referred to in paragraphs (1)(a)(ii) and (iii) of this rule, the Court may—

(a) fix time within which the documents are to be produced; or

(b) accept equivalent documents; or

Security for costs

26

Notwithstanding the provisions of Order 23 a party making an application for registration under section 4B or 4C of the Act of 1982 shall not be required solely on the ground that he is not domiciled or resident within the jurisdiction, to give security for costs of the application.

Order for registration

27

(1) An order giving leave to register a judgment under section 4B or 4C of the Act of 1982 shall state the period within which an application may be made to set aside the registration and shall contain a notification that no application to enforce the judgment shall be made until after the expiration of that period.

(2) The notification referred to in paragraph (1) shall not prevent any application for orders to preserve the property of the party against whom enforcement is sought pending final determination of any issue relating to enforcement of the judgment.

Register of judgments registered under s. 4B or s. 4C of the Act of 1982

28

There shall be kept in the Central Office under the direction of the Master (Queen’s Bench and Appeals) a register of the judgments ordered to be registered under section 4B or 4C of the Act of 1982.

Notice of registration

29

(1) Notice of the registration of a judgment must be served on the person against whom judgment was given by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such other manner as the Court may direct.

(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11 rules 5, 6 and 8, shall apply in relation to such a notice as they apply in relation to a writ.

(3) The notice of registration must state—

(a) full particulars of the judgment registered and the order for registration,

(b) the name of the party making the application and his address for service within the jurisdiction,

(d) the period within which an application to set aside the registration may be made.

Appeals

30

(1) An application under section 6B or 6C of the Act of 1982 to set aside the registration of a judgment shall be made by summons supported by affidavit.

(2) The application shall be made within the period specified in the order for registration.

(3) The court may extend that period at any time before the end of the period as originally fixed or as subsequently extended.

(4) The Court hearing the application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in which an issue in an action may be ordered to be tried.

Application for recognition

31

(1) Registration of the judgment under these rules shall serve for the purposes of the 2005 Hague Convention or the 2019 Hague Convention as a decision that the judgment is recognised.

(2) Where it is sought to apply for recognition of a judgment, the foregoing rules of this Order shall apply to such application as they apply to an application for registration under section 4B or 4C of the Act of 1982, with the exception that the applicant shall not be required to produce a document or documents which establish that according to the law of the State in which it has been given the judgment is enforceable and has been served, or the document referred to in rule 25(1)(a)(iii).

Enforcement of High Court Judgments in other Contracting States

32

(1) An application under section 12 of the Act of 1982 for a certified copy of a judgment entered in the High Court must be ex parte on affidavit to the Court.

(2) An affidavit by which an application under section 12 of the Act of 1982 is made must—

(a) give particulars of the proceedings in which the judgment was obtained;

(b) have annexed to it a copy of the writ, originating summons or other process by which the proceedings were begun, the evidence of service thereof on the defendant copies of the pleadings, if any, and a statement of the grounds on which the judgment was based together, where appropriate, with any document under which the applicant is entitled to legal aid or assistance by way of representation for the purposes of the proceedings;

(d) show that the judgment has been served in accordance with Order 65 rule 5 and is not subject to any stay of enforcement;

(e) state that the time for appealing has expired, or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been given; and

(f) state—

(i) whether the judgment provides for the payment of a sum or sums of money;

(ii) whether interest is recoverable on the judgment or part thereof and if such be the case, the rate of interest, the date from which interest is recoverable, and the date on which interest ceases to accrue.

(3) The certified copy of the judgment shall be an office copy sealed with the seal of the Court of Judicature and there shall be issued with the copy of the judgment a certificate in Form 63 , or such other form as the judge or master considers appropriate, signed by one of the persons referred to in Order 1 rule 3(2) and sealed with the seal of the Court of Judicature,, having annexed to it a copy of the writ, originating summons or other process by which the proceedings were begun.

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