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

• (3) Where a medical witness or other expert witness is unable to attend court to give oral evidence at the trial of an action or an assessment of damages the Court may direct that his written report or reports may be given in evidence or that any such map, plan, drawing, photograph or model may be admitted in evidence without further proof thereof, and in such case paragraph (2) shall not apply.

Number of expert witnesses

1B

Unless the Court otherwise orders, the number of expert witnesses who may be called by any party to give oral evidence in any action shall be limited to two medical experts and one other expert of any other kind.]

Evidence by affidavit

2

• (1) The Court may, at or before the trial of an action begun by writ, order that the affidavit of any witness may be read at the trial if in the circumstances of the case it thinks it reasonable so to order.

• (2) An order under paragraph (1) may be made on such terms as to the filing and giving of copies of the affidavits and as to the production of the deponents for cross examination as the Court thinks fit but, subject to any such terms and to any subsequent order of the Court, the deponents shall not be subject to cross-examination and need attend the trial for the purpose.

• (3) In any cause or matter begun by originating summons, originating motion or petition, and on any application made by summons or motion, evidence may be given by affidavit unless in the case of any such cause, matter or application any provision of these Rules otherwise provides or the Court otherwise directs, but the Court may, on the application of any party, order the attendance for cross-examination of the person making any such affidavit, and where, after such an order has been made, the person in question does not attend, his affidavit shall not be used as evidence without the leave of the Court.

Evidence of particular facts

3

• (1) Without prejudice to rule 2, the Court may, at or before the trial of any action, order that evidence of any particular fact shall be given at the trial in such manner as may be specified by the order.

• (2) The power conferred by paragraph (1) extends in particular to ordering that evidence of any particular fact may be given at the trial—

• (a) by statement on oath of information or belief, or

• (b) by the production of documents or entries in books, or

• (c) by copies of documents or entries in books, or

• (d) in the case of a fact which is or was a matter of common knowledge either generally or in a particular district by the production of a specified newspaper which contains a statement of that fact [, or

• (e) by the examination of witnesses orally by [²⁶⁹ video link,] telephone or any other method of direct communication.²⁷⁰].

[ Evidence of plans, photographs etc.

3A

Unless, at or before the trial, the court for special reasons otherwise orders, no map, plan or other drawing, photograph or model shall be receivable in evidence at the trial of an action unless at least 3 weeks before the commencement of the trial the parties, other than the parties producing it, have been given an opportunity to inspect it and to agree to its admission without further proof.]

[ Disclosure of evidence in clinical negligence

3B

• (1) For the purposes of this rule—

• (a) “clinical negligence” means negligence in connection with the diagnosis of any illness, or the care or treatment of any patient, in consequence of any act or omission to act by a person employed or engaged for such purposes; and

• (b) “medical evidence” means—

• (i) the evidence contained in any medical report or other accompanying or supplemental document emanating from the maker of the report which is intended by him to accompany or supplement such report and includes surgical and radiological evidence and any ancillary expert or technical evidence; and

• (ii) any other evidence of a medical, surgical or radiological nature which a party proposes to adduce at the trial by means of oral testimony.

• (2) In actions grounded on an allegation of clinical negligence—

• (a) where the plaintiff proposes to adduce at the trial evidence (other than medical evidence) obtained from any expert for the purpose of assisting the Court in assessing damages, he shall—

• (i) insofar as he then has in his possession or power that evidence, disclose it to the other party or parties not later than 10 weeks from the close of the pleadings or such other period as the Court may direct; and

• (ii) insofar as he thereafter obtains any such evidence before the date of the trial, disclose it to the other party or parties within 21 days of receiving it and in any case before the first day of the trial; and

• (b) where the defendant or any other party proposes to adduce at the trial evidence (other than medical evidence) obtained from any expert for the purpose of assisting the Court in assessing damages, he shall—

• (i) insofar as he then has in his possession or power that evidence, disclose it to the plaintiff and any other party or parties not later than 20 weeks from the close of the pleadings or such other period as the Court may direct; and

• (ii) insofar as he thereafter obtains any such evidence before the date of trial, disclose it to the plaintiff and any other party or parties within 21 days of receiving it and in any case before the first day of the trial.]

Revocation or variation of orders under rule 2, [, 3 or 3A]

4

Any order under rule 2, [(²⁷³, 3 or 3A] (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order of the Court made at or before the trial.

Evidence of finding on foreign law

5

• (1) A party to any cause or matter who intends to adduce in evidence a finding or decision on a question of foreign law by virtue of section 114(4) of the Act shall, not later than 21 days before the date of the trial or within such other period as the Court may specify, in accordance with section 114(5) of the Act, serve written notice that he intends to do so on each of the other parties to the proceedings or his solicitor.

• (2) The notice shall specify the question on which the finding or decision was given or made and specify the document in which it is reported or recorded in citable form.

• (3) In any cause or matter in which the evidence may be given by affidavit, an affidavit specifying the matters contained in paragraph (2) shall constitute notice under paragraph (1) if served within the period mentioned in that paragraph.

Application to trial of issues, references, etc.

6

The foregoing rules of this Order shall apply to trials of issues or questions of the fact or law, references, inquiries and assessments of damage as they apply to the trial of actions.

Depositions: when receivable in evidence at trial

7

• (1) No deposition taken in any cause or matter shall be received in evidence at the trial of the cause or matter unless—

• (a) the deposition was taken in pursuance of an order under Order 39, rule 1, and

• (b) either the party against whom the evidence is offered consents or it is proved to the satisfaction of the Court that the deponent is dead, or beyond the jurisdiction of the Court or unable from sickness or other infirmity to attend the trial.

• (2) A party intending to use any deposition in evidence at the trial of a cause or matter must, a reasonable time before the trial, give notice of his intention to do so to the other party.

• (3) A deposition purporting to be signed by the person before whom it was taken shall be receivable in evidence without proof of the signature being the signature of that person.

Court documents admissible or receivable in evidence

8

• (1) Office copies of writs, records, pleadings and documents filed in the High Court shall be admissible in evidence in any cause or matter and between all parties to the same extent as the original would be admissible.

• (2) Without prejudice to the provisions ;of any statutory provision, every document purporting to be sealed with the seal of the Court of Judicature shall be received in evidence without further proof, and any document purporting to be so sealed and to be a copy of a document filed in, or issued out of, an office of the Court of Judicature shall be deemed to be an office copy of that document without further proof unless the contrary is shown.

Evidence of consent to new trustee to act

9

A document purporting to contain the written consent of a person to act as trustee and to bear his signature verified by some other person shall be evidence of such consent.

Evidence at trial may be used in subsequent proceedings

10

Any evidence taken at the trial of any cause or matter may be used in any subsequent proceedings in that cause or matter.

Order to produce document at proceeding other than trial

11

• (1) At any stage in a cause or matter the Court may order any person to attend any proceedings in the cause or matter and produce any document, to be specified or described in the order, the production of which appears to the Court to be necessary for the purpose of that proceeding.

• (2) No person shall be compelled by an order under paragraph (1) to produce any document at a proceeding in a cause or matter which he could not be compelled to produce at the trial of that cause or matter.

12

• (1) A writ of subpoena must be in Form 24, 25 or 26 in Appendix A, whichever is appropriate.

• (2) Issue of a writ of subpoena takes place upon its being sealed by an officer of the appropriate office.

[(a) ...]

13

The names of two or more persons may be included in one writ of subpoena ad testificandum.

14

Where there is a mistake in any person’s name or address in a writ of subpoena then, if the writ has not been served, the party by whom the writ was issued may have the writ re-sealed in correct form [²⁷⁴ . . .]

15

A writ of subpoena must be served personally and, subject to rule 17, the service shall not be valid unless affected within 12 weeks after the date of issue of the writ. [²⁷⁵ and not less than four days, or such other period as the Court may fix, before the day on which attendance before the court is required.]

16

Subject to rule 17, a writ of subpoena continues to have effect until the conclusion of the trial at which the attendance of the witness is required.

17

• (1) The office of the Court of Judicature out of which a writ of subpoena ad testificandum or a writ of subpoena duces tecum in aid of an inferior court or tribunal may be issued is the Crown Office, and no order of the Court for the issue of such a writ is necessary.

• (2) A writ of subpoena in aid of an inferior court or tribunal continues to have effect until the disposal of the proceedings before that court or tribunal at which the attendance of the witness is required.

• (3) A writ of subpoena issued in aid of an inferior court or tribunal must be served personally.

• (4) Unless a writ of subpoena issued in aid of an inferior court or tribunal is duly served on the person to whom it is directed not less than 4 days, or such other period as the Court may fix, before the day on which the attendance of that person before the court or tribunal is required by the writ, that person shall not be liable to any penalty or process for failing to obey the writ.

• (5) An application to set aside a writ of subpoena issued in aid of an inferior court or tribunal may be heard by the Master (Queen’s Bench and Appeals).

18

• (1) In this Part of this Order “hearsay evidence” means evidence consisting of hearsay within the meaning of Article 3(3) of the Civil Evidence (Northern Ireland) Order 1997 (NI 21) (in this rule referred to as “the 1997 Order”).

• (2) Expressions used in this Part of this Order and in the 1997 Order have the same meaning in this Part as they have in that Order.

• (3) This Part of this Order applies in relation to the trial or hearing of an issue or question arising in a cause or matter, and to a reference, inquiry or assessment of damages, as it applies to the trial or hearing of a cause or matter.

Power to call witness for cross-examination on hearsay evidence

19

• (1) Where a party to civil proceedings adduces hearsay evidence of a statement made by a person but does not call the person who made the statement to give evidence, the Court may, on the application of another party, allow that other party to call and cross-examine the person on the statement as if he had been called by the first-mentioned party and as if the hearsay statement were his evidence in chief.

• (2) Where the Court allows another party to call and cross-examine the person who made the statement, it may give such directions as it thinks fit to secure the attendance of that person as a witness and as to the procedure to be followed.

Credibility

20

If—

• (a) a party has indicated an intention to adduce hearsay evidence of a statement made by a person who will not be called to give evidence;

• (b) another party wishes to attack the credibility of the person who made the statement,

that other party shall, so far as is reasonable in the circumstances, notify the party tendering the hearsay evidence of his intention.

Powers exercisable in chambers

21

The jurisdiction of the court under this Part of this Order may be exercised in chambers.]

1

• (1) The Court may, in any cause or matter where it appears necessary for the purposes of justice, make an order for the examination on oath before a judge, an officer of the Court or some other person, at any place, of any person.

• (2) An order under paragraph (1) may be made on such terms (including, in particular, terms as to the giving of discovery before the examination takes place) as the Court thinks fit [²⁷⁷, and may contain an order for the production of any document which appears to the court to be necessary for the purposes of the examination].

2

• (1) Where the person in relation to whom an order under rule 1 is required is out of the jurisdiction, an application may be made—

• (a) for an order under that rule for the issue of a letter of request to the judicial authorities of the country in which that person is to take, or cause to be taken, the evidence of that person, or

• (b) if the government of that country allows a person in that country to be examined before a person appointed by the Court, for an order under that rule appointing a special examiner to take the evidence of that person in that country.

• (2) An application may be made for the appointment as special examiner of a British consul in the country in which the evidence is to be taken or his deputy—

• (a) if there subsists with respect to that country a Civil Procedure Convention providing for the taking of the evidence of any person in that country for the assistance of proceedings in the High Court, or

• (b) with the consent of the Secretary of State.

3

• (1) Where an order is made under rule 1 for the issue of a letter of request to the judicial authorities of a country to take, or cause to be taken, the evidence of any person in that country the following provisions of this rule shall apply.

• (2) The party obtaining the order must prepare the letter of request and lodge it in the Central Office.

• (3) If the evidence of the person to be examined is to be obtained by means of written questions, there must be lodged with the letter of request a copy of the interrogatories and cross-interrogatories to be put to him on examination.

• (4) Each document lodged under paragraph (2) or (3) must be accompanied by a translation of the document in the official language of the country in which the examination is to be taken 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 the examination is to be taken, unless—

• (a) the master has given a general direction in relation to that country that no translation need be provided, or

• (b) the official language or one of the official languages of that country is English.

• (5) Every translation lodged under paragraph (4), 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.

• (6) The party obtaining the order must, when he lodges in the Central Office the documents mentioned in paragraphs (2) to (5), also file in that office an undertaking signed by him or his solicitor to be responsible personally for all expenses incurred by the Secretary of State in respect of the letter of request 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.

[ Examination otherwise than on oath

3A

Notwithstanding the provisions of rule 1, where the person to be examined is out of the jurisdiction that person may be examined on oath or affirmation in accordance with the procedures of the country in which the examination is to take place.]

Enforcing attendance of witness at examination

4

Where an order has been made under rule 1—

• (a) for the examination of any person before an officer of the Court or some other person (in this rule and rules 5 to 14 referred to as “the examiner”), or

• (b) for the cross-examination before the examiner of any person who has made an affidavit which is to be used in any cause or matter,

the attendance of that person before the examiner and the production by him of any document at the examination may be enforced by writ of subpoena in like manner as the attendance of a witness and the production by a witness of a document at a trial may be enforced.

Refusal of witness to attend, be sworn, etc.

5

• (1) If any person, having been duly summoned by writ of subpoena to attend before the examiner, refuses or fails to attend or refuses to be sworn for the purpose of the examination or to answer any lawful question or produce any document therein, a certificate of his refusal or failure, signed by the examiner, must be filed in the Central Office and upon the filing of the certificate the party by whom the attendance of that person was required may apply to the Court for an order requiring that person to attend, or to be sworn, or to answer any question or produce any document, as the case may be.

• (2) An application for an order under this rule may be made ex parte.

• (3) If the Court makes an order under this rule it may order the person against whom the order is made to pay any costs occasioned by his refusal or failure.

• (4) A person who wilfully disobeys any order made against him under paragraph (1) is guilty of contempt of court.

Appointment of time and place for examination

6

• (1) The examiner must give the party on whose application the order for examination was made a notice appointing the place and time at which, subject to any application by the parties, the examination shall be taken, and such time shall, having regard to the convenience of the persons to be examined and all the circumstances of the case, be as soon as practicable after the making of the order.

• (2) The party to whom a notice under paragraph (1) is given must, on receiving it, forthwith give notice of the appointment to all the other parties.

Examiner to have certain documents

7

The party on whose application the order for examination before the examiner was made must furnish the examiner with copies of such of the documents in the cause or matter as are necessary to inform the examiner of the questions at issue in the cause or matter.

Conduct of examination

8

• (1) Subject to any directions contained in the order for examination—

• (a) any person ordered to be examined before the examiner may be cross-examined and re-examined, and

• (b) the examination, cross-examination and re-examination of persons before the examiner shall be conducted in like manner as at the trial of a cause or matter.

• (2) The examiner may put any question to any person examined before him as to the meaning of any answer made by that person or as to any matter arising in the course of the examination.

• (3) The examiner may, if necessary, adjourn the examination from time to time.

Examination of additional witnesses

9

The examiner may, with the written consent of all the parties to the cause or matter, take the examination of any person in addition to those named or provided for in the order for examination, and must annex such consent to the original deposition of that person.

Objections to questions

10

• (1) If any person being examined before the examiner objects to answer any questions put to him, or if objection is taken to any such question, that question, the ground for the objection and the answer to any such question to which objection is taken must be set out in the deposition of that person or in a statement annexed thereto.

• (2) The validity of the ground for objecting to answer any such question or for objecting to any such question shall be decided by the Court and not by the examiner, but the examiner must state to the parties his opinion thereon, and the statement of his opinion must be set out in the deposition or in a statement annexed thereto.

• (3) If the court decided against the person taking the objection it may order him to pay the costs occasioned by his objection.

Taking of depositions

11

• (1) The deposition of any person examined before the examiner must be taken down by the examiner or a shorthand writer or some other person in the presence of the examiner but, subject to paragraph (2) and rule 10(1) the deposition need not set out every question and answer so long as it contains as nearly as may be the statement of the person examined.

• (2) The examiner may direct the exact words of any particular question and the answer thereto to be set out in the deposition if that question and answer appear to him to have special importance.

• (3) The deposition of any person shall be read to him, and he shall be asked to sign it, in the presence of such of the parties as may attend, but the parties may agree in writing to dispense with the foregoing provision.

If a person refuses to sign a deposition when asked under this paragraph to do so, the examiner must sign the deposition.

• (4) The original deposition of any person, authenticated by the signature of the examiner before whom it was taken, must be sent by the examiner to the Central Office and shall be filed therein.

• (5) ²⁷⁹ Where a deposition is filed in the Central Office and the cause or matter is proceeded in the Chancery Division, a copy of the deposition shall be made in the Central Office and transmitted to the Chancery Office].

Time taken by examination to be indorsed on depositions

12

Before sending any deposition to the Central Office under rule 11(4), the examiner must indorse on the deposition a statement signed by him of the time occupied in taking the examination and the fees received in respect thereof.

Special report by examiner

13

The examiner may make a special report to the Court with regard to any examination taken before him and with regard to the absence or conduct of any person there at, and the Court may direct such proceedings to be taken, or make such order, on the report as it thinks fit.

Order for payment of examiner’s fees

14

• (1) If the fees and expenses due to an examiner are not paid he may report that fact to the Court, and the Court may direct the official solicitor to apply for an order against the party on whose application the order for examination was made to pay the examiner the fees and expenses due to him in respect of the examination.

• (2) An order under this rule shall not prejudice any determinatioin on the taxation of costs or otherwise as to the party by whom the costs of the examination are ultimately to be borne.

Perpetuation of testimony

15

• (1) Witnesses shall not be examined to perpetuate testimony unless an action has been begun for the purpose.

• (2) Any person who would under the circumstances alleged by him to exist become entitled, upon the happening of any future event, to any honour, title, dignity or office, or to any estate or interest in any real or personal property, the right or claim to which cannot be brought to trial by him before the happening of such event, may begin an action to perpetuate any testimony which may be material for establishing such right or claim.

• (3) No action to perpetuate the testimony of witnesses shall be set down for trial.

Appointment of expert to report on certain questions

1

• (1) In any cause or matter in which any question for an expert witness arises the Court may at any time, on the application of any party or of its own motion, appoint an independent expert or, if more than one such question arises, two or more experts to inquire and report upon any question of fact or opinion not involving questions of law or of construction.

An expert appointed under this paragraph is referred to in this Order as a “court expert”.

• (2) Any court expert in a cause or matter shall, if possible, be a person agreed between the parties and, failing agreement, shall be nominated by the Court.

• (3) The question to be submitted to the court expert and the instructions (if any) given to him shall, failing agreement between the parties, be settled by the Court.

• (4) In this rule “expert”, in relation to any question arising in a cause or matter, means any person who has such knowledge or experience of or in connection with that question that his opinion on it would be admissible in evidence.

Report of court expert

3

• (1) The court expert must send his report to the Court, together with such number of copies thereof as the Court may direct, and the proper officer must send copies of the report to the parties or their solicitors.

• (2) The Court may direct the court expert to make a further or supplemental report.

• (3) Any part of a court expert’s report which is not accepted by all the parties to the cause or matter in which it is made shall be treated as information furnished to the Court and be given such weight as the Court thinks fit.

Experiments and tests

3

If the court expert is of opinion that an experiment or test of any kind (other than one of a trifling character) is necessary to enable him to make a satisfactory report he shall inform the parties or their solicitors and shall, if possible, make an arrangement with them as to the expenses involved, the persons to attend and other relevant matters; and if the parties are unable to agree on any of those matters it shall be settled by the Court.

Cross-examination of court expert

4

Any party may, within 14 days after receiving a copy of the court expert’s report, apply to the Court for leave to cross-examine the expert on his report, and on that application the Court shall make an order for the cross-examination of the expert by all the parties either—

• (a) at the trial, or

• (b) before an examiner at such time and place as may be specified in the order.

Remuneration of court expert

5

• (1) The remuneration of the court expert shall be fixed by the Court and shall include a fee for his report and a proper sum for each day during which he is required to be present either in court or before an examiner.

• (2) Without prejudice to any order providing for payment of the court expert’s remuneration as part of the costs of the cause or matter, the parties shall be jointly and severally liable to pay the amount fixed by the Court for his remuneration, but where the appointment of a court expert is opposed the Court may, as a condition of making the appointment, require the party applying for the appointment to give such security for the remuneration of the expert as the Court thinks fit.

Calling of expert witnesses

6

Where a court expert is appointed in a cause or matter, any party may, on giving to the other parties a reasonable time before the trial notice of his intention to do so, call one expert witness to give evidence on the question reported on by the court expert but no party may call more than one such witness without the leave of the Court, and the Court shall not grant leave unless it considers the circumstances of the case to be exceptional.]

1

• (1) Subject to paragraphs (2) and (3), every affidavit sworn in a cause or matter must be entitled in that cause or matter.

• (2) Where a cause or matter is entitled in more than one matter, it shall be sufficient to state the first matter followed by the words “and other matters”, and where a cause or matter is entitled in a matter or matters and between parties, that part of the title which consists of the matter or matters may be omitted.

• (3) Where there are more plaintiffs than one, it shall be sufficient to state the full name of the first followed by the words “and others”, and similarly with respect to defendants.

• (4) Every affidavit must be expressed in the first person and [²⁸¹, unless the Court otherwise directs] must state the place of residence of the deponent and his occupation or, if he has none, his description, and if he is, or is employed by, a party to the cause or matter in which the affidavit is sworn, the affidavit must state that fact.

[²⁸² In the case of a deponent who is giving evidence in a professional, business or other occupational capacity the affidavit may, instead of stating the deponent’s place of residence, state the address at which he works, the position he holds and the name of his firm or employer, if any.]

• (5) ²⁸³ Every affidavit must be bound in book form and, whether or not both sides of the paper are used, the printed, written or typed sides of the paper must be numbered consecutively.]

• (6) Every affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.

• (7) Dates, sums and other numbers must be expressed in an affidavit in figures and not in words.

• (8) Every affidavit must be signed by the deponent and the jurat must be completed and signed by the person before whom it is sworn.

• (9) An affidavit sworn for the purposes of any proceedings may be filed with the writ, originating summons, originating motion or petition by which the proceedings are begun and when so filed the affidavit shall be marked with the record number of the proceedings.

2

Where an affidavit is made by two or more deponents, the names of the persons making the affidavit must be inserted in the jurat except that, if the affidavit is sworn by both or all the deponents at one time before the same person, it shall be sufficient to state that it was sworn by both (or all) of the “above named” deponents.

3

Where it appears to the person administering the oath that the deponent is illiterate or blind, he must certify in the jurat that—

• (a) the affidavit was read in his presence to the deponent,

• (b) the deponent seemed perfectly to understand it, and

• (c) the deponent made his signature or mark in his presence;

and the affidavit shall not be used in evidence with such a certificate unless the Court is otherwise satisfied that it was read to and appeared to be perfectly understood by the deponent.

4

An affidavit may, with the leave of the Court, be filed or used in evidence notwithstanding any irregularity in the form thereof.

5

²⁸⁴ An affidavit may contain statements of information or belief with the sources and grounds thereof.]

6

The Court may order to be struck out of any affidavit any matter which is scandalous, irrelevant or otherwise oppressive.

7

• (1) An affidavit which has in the jurat or body thereof any interlineation, erasure or other alteration shall not be filed or used in any proceedings without the leave of the Court unless the person before whom the affidavit was sworn has initialled the alteration and, in the case of an erasure, has re-written in the margin of the affidavit any words or figures written on the erasure and has signed or initialled them.

• (2) Where an affidavit is sworn at any office of the Supreme Court, the official stamp of that office may be submitted for the signature or initials required by this rule.

8

Without prejudice to Article 78(2) of the Solicitors (Northern Ireland) Order 1976²⁸⁵, no affidavit shall be sufficient if sworn before the solicitor of the party on whose behalf the affidavit is to be used or before any agent, partner or employee of that solicitor.

9

• (1) Every affidavit must be filed in the appropriate office.

• (2) Every affidavit must be indorsed with a note showing on whose behalf it is filed, and an affidavit which is not so indorsed may not be filed or used without the leave of the Court.

10

• (1) An original affidavit may be used in any proceedings notwithstanding that it has not been filed in accordance with rule 9.

• (2) Where an original affidavit is used then, unless the party whose affidavit it is undertakes to file it, he must immediately after it is used leave it with the proper officer in court or in chambers, as the case may be, and that officer shall send it to be filed.

• (3) Where an affidavit has been filed, an office copy thereof may be used in any proceedings.

11

• (1) Any document to be used in conjunction with an affidavit must be exhibited, and not annexed, to the affidavit.

• (2) Any exhibit to an affidavit must be identified by a certificate of the person before whom the affidavit is sworn.

The certificate must be entitled in the same manner as the affidavit and rule 1(1), (2) and [²⁸⁶] shall apply accordingly.

• (3) Every exhibit referred to in an affidavit or a statement of fact shall be marked or labelled with the initials of the deponent followed by a number.

12

• (1) The following officers, namely, masters and any clerk in the Supreme Court of a grade not lower than that of deputy principal shall have authority to administer oaths and take affidavits for the purpose of proceedings in the Supreme Court.

• (2) For the purposes of this rule “master” includes Master (Taxing Office).

13

A document purporting to have affixed or impressed thereon or subscribed thereto the seal or signature of a court, judge, notary public or person having authority to administer oaths in a part of the Commonwealth outside Northern Ireland in testimony of an affidavit being taken before it or him in that part shall be admitted in evidence without proof of the seal or signature being the seal or signature of that court, judge, notary public or person.

14

• (1) A party filing an affidavit intended to be used by him in any proceedings must [²⁸⁷ serve on] every other party either a copy of the affidavit or notice of the filing.

• (2) A party intending to use in any proceedings an affidavit filed by him in previous proceedings must [(a) serve on] every other party notice of his intention to do so.

• (3) Any party intending to use an original affidavit in any proceedings, pursuant to rule 10, must [(a) serve] a copy of that affidavit [(a) on] every other party.

1

In this Order “judgment” includes order, decision or direction.

Drawing up judgments

2

• (1) Every judgment shall—

• (a) subject to rules 3 and 7(1), be drawn up and signed by an officer of the appropriate office; and

• (b) be sealed and filed by an officer of that office and such officer shall at the time of filing enter such judgment in the [²⁸⁹ record] kept for the purpose and the date of filing shall be deemed to be the date of such entry.

• (2) Where a judgment is filed in the Central Office, the Chancery Office, the Probate and Matrimonial Office or the Office of Care and Protection (other than a judgment in proceedings under the Mental Health (Northern Ireland) Order 1986²⁹⁰ the proper officer shall at the time of filing make [²⁹¹ and entry] in the case book that a judgment has been filed in the cause or matter.

• (3) Where a judgment is given by a judge a note of the judgment shall be made by the officer present at the time it was given.

• (4) Where a form of judgment is prescribed and set out in Appendix A the judgment must be as nearly as possible in that form.

Judgments required to be drawn up

3

• (1) Subject to paragraph (2), every judgment of the Court shall be drawn up unless the Court otherwise directs.

• (2) An order—

• (a) which—

• (i) extends the period within which a person is required or authorised by these Rules, or by any judgment, to do any act, or

• (ii) grants leave for the doing of any of the acts mentioned in paragraph (3), and

• (b) which neither imposes any special terms nor includes any special directions other than a direction as to costs,

need not be drawn up unless the Court otherwise directs.

• (3) The acts referred to in paragraph (2)(a)(ii) are—

• (a) the issue of any writ, other than a writ for service out of the jurisdiction;

• (b) the amendment of a writ of summons or other originating process or a pleading;

• (c) the filing of any document;

• (d) any act to be done by an officer of the Court other than a solicitor.

• (3A) ²⁹² Where on an application or appeal in respect of—

• (a) an order of committal;

• (b) a refusal to order release on an application for Writ of Habeas Corpus;

• (c) a refusal to grant bail;

• (d) a secure accommodation order made under Article 44 of the Children (Northern Ireland) Order 1995²⁹³,

the Court determines that a Convention right, as defined in section 1 of the Human Rights Act 1998, of the applicant or appellant have been infringed by the making of the order to which the application or appeal relates, the Court shall so specify in its judgment.].

Judgment requiring act to be done: time for doing it

4

• (1) Subject to paragraph (2), a judgment which requires a person to do an act must specify the time after the service of the judgment, or some other time, within which the act is to be done.

• (2) Where the act which any person is required by any judgment to do so is to pay money to some other person, give possession of any land or deliver any goods, a time within the act is to be done need not be specified in the judgment by virtue of paragraph (1), but the foregoing provision shall not affect the power of the Court to specify such a time and to adjudge or order accordingly.

Judgment requiring act to be done: order fixing time for doing it

5

• (1) Notwithstanding that a judgment which requires a person to do an act specifies a time within which the act is to be done, the Court shall, without prejudice to Order 3 rule 5, have power to make an order requiring the act to be done within another time, being such time after service of that order, or such other time, as may be specified therein.

• (2) Where, notwithstanding rule 4(1), or by reason of rule 4(2), a judgment requiring a person to do an act does not specify a time within which the act is to be done, the Court shall have power subsequently to make an order requiring the act to be done within such time after service of that order, or such other time as may be specified therein.

• (3) An application for an order under this rule must be made by summons and the summons must be served on the person required to do the act in question.

Judgment in favour of revisioner for detention of goods

6

• (1) Where a claim relating to the detention of goods is made by a partial owner whose right of action is not founded on a possessory title, any judgment given in respect of the claim shall, notwithstanding anything in section 3(3) of the Torts (Interference with Goods) Act 1977²⁹⁴, be for the payment of damages only.

In this paragraph “partial owner” means one or two or more persons having interest in the goods, unless he has the written authority of every other such person to sue on the latter’s behalf.

• (2) This rule is without prejudice to the remedies and jurisdiction mentioned in section 3(8) of the said Act of 1977.

Judgment in default of appearance or defence

7

• (1) A party entitled to judgment in default of appearance or defence may obtain judgment by producing the following documents to an officer of the [²⁹⁵ appropriate office]—

• (a) the original writ by which the proceedings were begun;

• (b) the affidavit of service, or certificate of no defence [²⁹⁶ served], as the case may be;

• (c) any affidavit or certificate filed under Order 13 rule 1(3) or 4(1) to (4) or Order 19 rule 2(2) or 5(1) to (4); and

• (d) a judgment drawn up by the party.

• (2) Where the provisions of any statutory provision or these Rules enable a party to any proceedings to obtain judgment on the production of any documents, the officer of the Central Office shall not sign any such judgment until the documents which the party is required to produce are produced and the officer is satisfied that they are in order.

Date from which judgment takes effect

8

• (1) A judgment of the Court takes effect from the day of its date.

• (2) Such a judgment shall be dated as of the day on which it is given, unless the Court orders it to be dated as of some other earlier or later day, in which case it shall be dated as of that day.

Interest on judgment debts

9

• (1) Every judgment for the payment of money shall carry interest at the rate specified in the judgment from the time the judgment was given or from such other time as the Court may direct.

• (2) Subject to any statutory provision, where the rate of interest to be paid is not specified in the judgment, interest shall be payable at the rate of [²⁹⁷ 8] per cent per annum.

• (3) ²⁹⁸ When an order charging land under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981²⁹⁹ or a charging order on funds, stock or shares under Article 58 of the said Order provides for the payment of interest on any sum secured by the order, such interest shall be payable at the rate specified in the judgment in respect of which the order was made or, where the rate of interest to be paid is not specified in the judgment, at the rate currently payable in respect of a judgment under paragraph (2), from the date of the registration of the order in the case of an order charging land or from the date of the order in the case of a charging order on funds, stock or shares, and for the period during which the charge is subsisting.]

Copies of judgments

10

Before a copy of a judgment is issued it must be sealed and stamped “copy” and there must be noted thereon the number of the judgment and the date of filing.

Summary order for account

1

• (1) Where a writ is indorsed with a claim for an account or a claim which necessarily involved taking an account, the plaintiff may, at any time after the defendant has entered an appearance or after the time limited for appearing, apply for an order under this rule.

• (1A) ³⁰⁰ A defendant to an action begun by writ who has served a counterclaim, which includes a claim for an account or a claim which necessarily involves taking an account, on—

• (a) the plaintiff, or

• (b) any other party, or

• (c) any person who becomes a party by virtue of such service

may apply for an order under this rule].

• (2) An application under this rule must be made by summons and, if the Court so directs, must be supported by affidavit or other evidence.

• (3) On the hearing of the application, the Court may, unless satisfied [³⁰¹ . . .] that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on taking the account to be due to either party be paid to him within a time specified in the order.

Court may direct taking of accounts, etc.

2

• (1) The Court may, on an application made by summons at any stage of the proceedings in a cause or matter, direct any necessary accounts or inquiries to be taken or made.

• (2) Every direction for the taking of an account or the making of an inquiry shall be numbered in the judgment or order so that, as far as may be, each distinct account and inquiry may be designated by a number.

Directions as to manner of taking account [ or making inquiry)

3

• (1) Where the Court orders an account to be taken [³⁰³ or inquiry to be made] it may by the same or a subsequent order give directions with regard to the manner in which the account is to be taken or vouched [³⁰³ or the inquiry is to be made].

• (2) Without prejudice to the generality of paragraph (1), the Court may direct that in taking [³⁰⁴ an] account the relevant books of account shall be evidence of the matters contained therein with liberty to the parties interested to take such objections thereto as they think fit.

Account to be made, verified, etc.

4

• (1) Where an account has been ordered to be taken, the accounting party must make out his account and, unless the Court otherwise directs, verify it by an affidavit to which the account must be exhibited.

• (2) The items on each side of the account must be numbered consecutively.

• (3) Unless the order for the taking of the account otherwise directs, the accounting party must lodge the account with the Court and must at the same time notify the other parties that he has done so and of the filing of any affidavit verifying the account and of any supporting affidavit.

Notice to be given of alleged omissions, etc., in account

5

Any party who seeks to charge an accounting party with an amount beyond that which he has by his account admitted to have received or who alleges that any item in his account is erroneous in respect of amount or in any other respect must give him notice thereof stating, so far as he is able, the amount sought to be charged with brief particulars thereof or, as the case may be, the grounds for alleging that the item is erroneous.

Allowances

6

In taking any account directed by any judgment or order all just allowances shall be made without any direction to that effect.

Delay in prosecution of accounts, etc.

7

• (1) If it appears to the Court that there is undue delay in the prosecution of any accounts or inquiries, or in any other proceedings under any judgment or order, the Court may require the party having the conduct of the proceedings or any other party to explain the delay and may then make such order for staying the proceedings or for expediting them or for the conduct thereof and for costs as the circumstances require.

• (2) The Court may direct any party or the Official Solicitor to take over the conduct of the proceedings in question and to carry out any directions made by an order under this rule and may make such order as it thinks fit as to the payment of the Official Solicitor’s costs.

Distribution of fund before all persons are ascertained

8

Where some of the persons entitled to share in a fund are ascertained, and difficulty or delay has occurred or is likely to occur in ascertaining the other persons so entitled, the Court may order or allow immediate payment of their shares to the persons ascertained without reserving any part of those shares to meet the subsequent costs of ascertaining those other persons.

Guardian’s accounts

9

The accounts of a person appointed guardian of a minor’s estate must be verified and passed in [³⁰⁵ such] manner as the Court may direct.

Application to orders

1

In this Order references to a judgment include references to an order.

Service of notice of judgment on person not a party

2

• (1) Where in an action for—

• (a) the administration of the estate of a deceased person, [³⁰⁷ ...]

• (b) the execution of a trust, [³⁰⁷ ...]

• (c) the sale of any property, [³⁰⁸ or]

• (d) ³⁰⁹ the possession of land,]

the Court gives a judgment or makes a direction which affects persons not parties to the action, the Court may when giving the judgment or at any stage of the proceedings under the judgment direct notice of the judgment to be served on any such person and any person so served shall, subject to paragraph (4), be bound by the judgment as if he had originally been a party to the action.

• (2) If it appears that it is not practicable to serve notice of a judgment on a person directed to be served the Court may dispense with service and may also order that such person be bound by the judgment.

• (2A) ³¹⁰ Order 6 rule 6(4) and (6) shall apply in relation to a notice of judgment under this rule as if the notice were a writ and the person by whom the notice is issued were the plaintiff.]

• (3) Every notice of a judgment for service under this rule must be indorsed with a memorandum in Form No.36 in Appendix A [³¹¹; and the copy of the notice to be served shall be a sealed copy].

• (4) A person served with notice of a judgment may, within one month after service of the notice on him and after entering an appearance apply to the court to discharge, vary or add to the judgment.

• (5) A person served with notice of a judgment may, [³¹² after entering an appearance], attend the proceedings under the judgment.

• (6) Order 12 rules 1 to 4, shall apply in relation to the entry of appearance to a notice of judgment as if the judgment were a writ, the person by whom the notice is served were the plaintiff and the person on whom it is served were a defendant.

Directions by the Court

3

• (1) Where a judgment given in a cause or matter in the Chancery Division contains directions which make it necessary to proceed in chambers under the judgment the Court may, when giving the judgment or at any time during proceedings under the judgment, give further directions for the conduct of those proceedings, including, in particular, directions with respect to—

• (a) the manner in which any account or inquiry is to be prosecuted,

• (b) the evidence to be adduced in support thereof,

• (c) the preparation and service on the parties bound thereby of the draft of any deed or other instrument which is directed by the judgment to be settled by the Court and the service of any objections to the draft,

• (d) without prejudice to Order 15 rule 18, the parties required to attend all or any part of the proceedings,

• (e) the representation by the same solicitor of parties who constitute a class and by different solicitors of parties who ought to be separately represented, and

• (f) the time within which each proceeding is to be taken, and may fix a day or days for the further attendance of the parties.

• (2) The Court may revoke or vary any directions given under this rule.

Application of rules 5 to 8

4

Rules 5 to 8 apply—

• (a) where in proceedings for the administration under the direction of the Court of the estate of a deceased person the judgment directs any account of debts or other liabilities of the deceased’s estate to be taken or any inquiry for next of kin or other ascertained claimants to be made, and

• (b) where in proceedings for the execution under the direction of the Court of a trust the judgment directs any such inquiry to be made,

and those rules shall, with the necessary modifications, apply where in any other proceedings the judgment directs an account of debts or other liabilities to be taken or any inquiry to be made.

Advertisements for creditors and other claimants

5

The Court may, when giving a judgment or at any stage of proceedings under a judgment, give directions for the issue of advertisements for creditors or other claimants and may fix the time within which creditors and claimants may respond.

Examination of claims

6

• (1) Where an account of debts or other liabilities of the estate of a deceased person has been directed, such party as the Court may direct must—

• (a) examine the claims of persons claiming to be creditors of the estate,

• (b) determine, so far as he is able, to which of such claims the estate is liable, and

• (c) at least 7 clear days before the time appointed for adjudicating on claims, make an affidavit stating his findings and his reasons for them and listing all the other debts of the deceased which are or may still be due.

• (2) Where an inquiry for next of kin or other unascertained claimants has been directed, such party as the Court may direct must—

• (a) examine the claims,

• (b) determine, so far as he is able, which of them are valid, and

• (c) at least 7 clear days before the time appointed for adjudicating on claims, make an affidavit stating his findings and his reasons for them.

• (3) If the personal representatives or trustees concerned are not the parties directed by the Court to examine claims, they must join with the party directed to examine them in making the affidavit required by this rule.

Adjudication on claims

7

For the purpose of adjudicating on claims the Court may—

• (a) direct any claim to be investigated in such manner as it thinks fit,

• (b) require any claimant to attend and prove his claim or to furnish further particulars or evidence of it, or

• (c) allow any claim after or without proof thereof.

Notice of adjudication

8

The Court shall give directions that there be served on every creditor whose claim or any part thereof has been allowed or disallowed, and who did not attend when the claim was disposed of, a notice informing him of that fact.

Interest on debts

9

• (1) Where an account of the debts of a deceased person is directed by any judgment, then, unless the deceased’s estate is insolvent or the Court otherwise orders, interest shall be allowed—

• (a) on any such debt as carries interest, at the rate it carries, and;

• (b) on any other debt, from the date of the judgment at the rate payable on judgment debts at that date.

• (2) A creditor who has established his debt in proceedings under the judgment and whose debt does not carry interest shall be entitled to interest on his debt in accordance with paragraph (1)(b) out of any assets which may remain after satisfying the costs of the cause or matter, the debts which have been established and the interest on such of those debts as by law carry interest.

• (3) For the purposes of this rule “debt” includes funeral, testamentary or administration expenses and, in relation to expenses incurred after the judgment, for the reference in paragraph (1)(b) to the date of the judgment there shall be substituted a reference to the date when the expenses became payable.

Interest on Legacies

10

Where an account of legacies is directed by any judgment, then, subject to any directions contained in the will or codicil in question and to any order made by the Court, interest shall be allowed on each legacy at the rate of [³¹³ £6] per cent. per annum beginning at the expiration of one year after the testator’s death.

Master’s order

11

• (1) The result of proceedings before a master under a judgment shall be stated in the form of an order.

• (2) Subject to any direction of the master under paragraph (3) or otherwise an order under this rule shall have effect as a final order disposing of the cause or matter in which it is made.

• (3) An order under this rule shall contain such directions as the master thinks fit as to the further consideration, either in court or in chambers, of the cause or matter in which it is made.

• (4) Every order made under this rule shall have immediate binding effect on the parties to the cause or matter in which it is made and copies of the order shall be served on such of the parties as the master may direct.

Appeal against master’s order

12

• (1) Subject to paragraph (2), Order 58, rule 1 shall apply to an order under this Order as it applies to any judgment, order or decision of a master.

• (2) If the order is to be acted on by the Accountant General or is an order passing a receiver’s account, notice of appeal must be issued not later than two clear days after the making of the order and, where the order is to be acted on by the Accountant General, a duplicate of it must be served on the Accountant General as soon as practicable after it is made.]

Interpretation

1

In this Order [³¹⁴ “the Order of 1981” means the Judgments Enforcement (Northern Ireland) Order 1981³¹⁵].

Enforcement of judgment, etc., for payment of money into court

2

• (1) Subject to the provisions of these rules, a judgement or order for the payment of money into court may be enforced by one or more of the following means, that is to say—

• (a) the appointment of a receiver;

• (b) in a case in which rule [³¹⁶ 4] applies, an order of committal under Order 52.

• (2) Paragraph (1) is without prejudice to any other remedy available to enforce such a judgment or order as is therein mentioned or to the power of a court to make a committal order under [³¹⁷ Articles 107 to 110 of the Order of 1981] or to the enactments relating to bankruptcy or the winding up of companies.

Enforcement of judgment possession of land

3

Without prejudice to [(a) Article 53 of the Order of 1981] and subject to the provisions of these rules, a judgement or order for the giving of possession of land may be enforced in a case which rule [(c) 4] applies by an order of committal under Order 52.

Enforcement of judgment to do so or abstain from doing any act

4

• (1) Where—

• (a) a person required by a judgment or order to do an act within a time specified in the judgement or order refuses or neglects to do it within that time or, as the case may be, within that time as extended or abridged under Order 3, rule 5, or

• (b) a person disobeys a judgement or order requiring him to abstain from doing an act,

then, without prejudice to [³¹⁴ Article 111 of the Order of 1981] and subject to the provision of these rules, the judgement or order may, subject to [³¹⁴ Articles 107 to 110 of the Order of 1981], be enforced by an order of committal under Order 52.

• (2) Where a judgement or order requires a person to do an act within a time therein specified and an order is subsequently made under Order 42, rule 5 requiring the Act to be done with some other time, references in paragraph (1) of this rule to a judgment or order shall be construed as references to the order made under Order 42 rule 5.

Service of copy of judgment, etc., prerequisite to enforcement under rule [(c) 4]

5

• (1) In this rule references to an order shall be construed as including references to a judgment.

• (2) Subject to Order 24, rule 15(3), Order 26, rule 6(3), and paragraphs (6) and (7) of this rule, an order shall not be enforced under rule 4 unless—

• (a) a copy of the order has been served personally on the person required to do or abstain from doing the act in question, and

• (b) in the case of an order requiring a person to do an act, the copy has been so served before the expiration of the time within which he was required to do the act.

• (3) Subject as aforesaid, an order requiring a body corporate to do or abstain from doing an act shall not be enforced by an order of sequestrian unless a copy of the order requiring the body to do the act has been served on an officer of the company before the expiration of the time within which the body was required to do the act.

• (4) ³¹⁸ There must be prominently displayed on the front of the copy of an order served under this rule a warning in Form No. 67 or No. 68 in Appendix A, as appropriate.].

• (5) With the copy of an order required to be served under this rule, being an order requiring a person to do an act, there must also be served a copy of any order made under Order 3, rule 5, extending or abridging the time for doing the act and, where the first-mentioned order was made under Order 42, rule 5, a copy of the previous order requiring the act to be done.

• (6) An order requiring a person to abstain from doing an act may be enforced under rule 4 notwithstanding that service of a copy of the order has not been effected in accordance with this rule if the Court is satisfied that, pending such service, the person against whom or against whose property it is sought to enforce the order had notice thereof either—

• (a) by being present when the order was made, or

• (b) by being notified of the terms of the order, whether by telephone, telegram or otherwise.

• (7) Without prejudice to its powers under Order 65, rule 4, the Court may dispense with service of a copy of an order under this rule if it thinks it just to do so.

Court may order act to be done at expense of disobedient party

6

If an order of mandamus, a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, then, without prejudice to its powers under section 33 of the Act and its powers to punish the disobedient party for contempt, the Court may direct that the act required to be done may, so far as practicable, be done by the party by whom the order or judgment was obtained or some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done, the expenses incurred may be ascertained in such manner as the Court may direct and an order for payment by the disobedient party of the amount so ascertained and costs may be made by the Court.

Enforcement by or against person not being a party

7

• (1) Any person, not being a party to a cause or matter, who obtains any order or in whose favour any order is made, shall be entitled to enforce obedience to the order by the same process as if he were a party.

• (2) Any person, not being a party to a cause or matter, against whom obedience to any judgment or order may be enforced, shall be liable to the same process for enforcing obedience to the judgment or order as if he were a party.

Conditional judgment: waiver

8

A party entitled under any judgment or order to any relief subject to the fulfilment of any condition who fails to fulfil that condition is deemed to have abandoned the benefit of the judgment or order, and, unless the Court otherwise directs, any other person interested may take any proceedings which either are warranted by the judgment or order or might have been taken if the judgment or order had not been given or made.

Matters occurring after judgment: stay of enforcement, etc.

9

A party against whom a judgment has been given or an order made may apply to the Court for a stay of enforcement of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and on such terms, as it thinks just.

Application for leave to enforce

1

• (1) Subject to Order 81, rule 5, where leave to enforce a judgment or order is required an application for such leave may be made ex parte unless the Court directs it to be made by summons.

• (2) Such an application must be supported by an affidavit—

• (a) identifying the judgment or order to which the application relates and, if the judgment or order is for the payment of money, stating the amount originally due thereunder and the amount due thereunder at the date of the application;

• (b) giving such other information as is necessary to satisfy the Court that the applicant is entitled to proceed to enforce the judgment or order in question and that the person against whom it is sought to enforce is liable to enforcement under it.

• (3) The Court hearing such application may grant leave in accordance with the application or may order that any issue or question, a decision on which is necessary to determine the rights of the parties, be tried in any manner in which any question of fact or law arising in an action may be tried and, in either case, may impose such terms as to costs or otherwise as it thinks just.

Application for order of sequestration

1

• (1) An application for an order of sequestration must be made to a judge by motion.

• (2) Subject to paragraph (3), the notice of motion, stating the grounds of the application and accompanied by a copy of the affidavit in support of the application, must be served personally on the person against whose property the order of sequestration under [³¹⁹ Articles 111 to 113 of the Judgments Enforcement (Northern Ireland) Order 1981] is sought.

• (3) Without prejudice to its powers under Order 65, rule 4, the Court may dispense with service of the notice of motion under this rule if it thinks it just to do so.

• (4) The judge hearing an application for an order of sequestration may sit in private in any case in which, if the application were for an order of committal, he would be entitled to do so by virtue of Order 52, rule 8, but, except in such a case, the application shall be heard in open court.

Examination of party liable to satisfy judgment other than a judgment for the payment of money

1

• (1) Where any difficulty arises in or in connection with the enforcement of any judgment or order, other than a judgment or order for the payment of money, the Court may make an order for the attendance of the party liable to satisfy the judgment or order and for his examination on such questions as may be specified in the order.

• (2) An order under this rule must be served personally on the party liable to satisfy the judgment or order.

Examiner to make record of statement pursuant to examination under rule 1

2

The officer conducting the examination shall take down, or cause to be taken down, in writing the statement made by the person at the examination, read it to him and ask him to sign it; and if he refuses the officer shall sign the statement.

[No Order made]

Funds in Court: stop order

1

• (1) The Court, on the application of any person—

• (a) who has a mortgage or charge on the interest of any person in funds in court, or

• (b) to whom that interest has been assigned

may make an order prohibiting the transfer, sale, delivery out, payment or other dealing with such funds, or any part thereof, or the income thereon, without notice to the applicant.

• (2) An application for an order under this rule must be made by summons in the cause or matter relating to the funds in court, or, if there is no such cause or matter, by originating summons.

• (3) The summons must be served on every person whose interest may be affected by the order applied for and on the Accountant General but shall not be served on any other person.

• (4) Without prejudice to the Court’s powers and discretion as to costs, the Court may order the applicant for an order under this rule to pay the costs of any party to the cause or matter relating to the funds in question, or of any person interested in those funds, occasioned by the application.

[No Order made]

Committal for contempt of court

1

• (1) The power of the High Court or Court of Appeal to punish for contempt of court may be exercised by an order of committal.

• (2) Where contempt of court—

• (a) is committed in connection with—

• (i) any proceedings in the High Court, or

• (ii) criminal proceedings, except where the contempt is committed in the face of the court or consists of disobedience to an order of the court or a breach of an undertaking to the court, or

• (iii) proceedings in an inferior court, or

• (b) is committed otherwise than in connection with any proceedings,

then, subject to paragraph (3) and rule 5, an order of committal may be made only by a court of the High Court consisting of two or more judges, and in this Order the word “Court” shall be construed accordingly save where the context or paragraph (4) otherwise requires.

• (3) Where civil contempt of court is committed in connection with any proceedings in the High Court, an order of committal may be made by a single judge.

• (4) Where contempt of court is committed in relation to the Court of Appeal or in connection with any proceedings therein, an order of committal may be made by that Court as well as by the Court under paragraph (2).

• (5) Every order of committal may be directed to any police officer or to such other person as the Court may order.

• (6) ³²⁰ A court of two or more judges exercising jurisdiction pursuant to this rule shall be called a Divisional Court.]

Application to the Court

2

• (1) Except under rule 1(3), no application to the Court for an order of committal against any person may be made unless leave to make such an application has been granted in accordance with this rule.

• (2) An application for such leave must be made ex parte to a judge in chambers or to a single judge of the Court of Appeal and must be supported by a statement setting out the name and description of the applicant, the name, description and address of the person sought to be committed and the grounds on which his committal is sought, and by an affidavit, to be filed before the application is made, verifying the facts relied on.

• (3) The applicant must give notice of the application for leave not later than the preceding day to the Crown Office and must at the same time lodge in that Office copies of the statement and affidavit.

• (4) Where an application for leave under paragraph (2) is refused, the applicant may make a fresh application for such leave to the appropriate court.

• (5) An application made by virtue of paragraph (4) must be made within 8 days after the judge’s refusal to give leave or, if the appropriate court does not sit within that period, on the first day on which it sits thereafter.