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

• (1) Subject to paragraph (2) and without prejudice to the right of a party to object to the admission in evidence of any document, a party who receives or who is served with a list of documents in pursuance of any provision of Order 24 shall, unless the Court otherwise orders, be deemed to admit—

• (a) that any document described in the list as an original document is such a document and was printed, written, signed or executed as it purports respectively to have been, and

• (b) that any document described therein as a copy is a true copy.

This paragraph does not apply to a document the authenticity of which the party has denied in his pleading.

• (2) If before the expiration of 21 days after inspection of the documents specified in a list of documents or after the time limited for inspection of those documents expires, whichever is the later, the party who receives or who is served with the list serves on the party whose list it is a notice stating, in relation to any document specified therein, that he does not admit the authenticity of that document and requires it to be proved at the trial, he shall not be deemed to make any admission in relation to that document under paragraph (1).

• (3) A party to a cause or matter by whom a list of documents is served on any other party in pursuance of any provision of Order 24 shall be deemed to have been served by that other party with a notice requiring him to produce at the trial of the cause or matter such of the documents specified in the list as are in his possession, custody or power.

• (4) The foregoing provisions of this rule apply in relation to an affidavit made in compliance with an order under Order 24, rule 5, as they apply in relation to a list of documents served in pursuance of any provision of that Order.

[E.r. 4]

Notices to admit or produce documents

5

• (1) Except where rule 4(1) applies, a party to a cause or matter may within 21 days after the cause or matter is set down for trial serve on any other party a notice requiring him to admit the authenticity of the documents specified in the notice.

• (2) If a party on whom a notice under paragraph (1) is served desires to challenge the authenticity of any document therein specified he must, within 21 days after service of the notice, serve on the party by whom it was given a notice stating that he does not admit the authenticity of the document and requires it to be proved at the trial.

• (3) A party who fails to give a notice of non-admission in accordance with paragraph (2) in relation to any document shall be deemed to have admitted the authenticity of that document unless the Court otherwise orders.

• (4) Except where rule 4(3) applies, a party to a cause or matter may serve on any other party a notice requiring him to produce the documents specified in the notice at the trial of the cause or matter.

[E.r. 5]

ORDER 28 — ORIGINATING SUMMONS PROCEDURE

Application

1

The provisions of this Order apply to all originating summonses subject, in the case of originating summonses of any particular class, to any special provisions relating to originating summonses of that class made by these Rules or by or under any statutory provision; and, subject as aforesaid, Order 32, rule 5, shall apply in relation to originating summonses as it applies in relation to other summonses.

[E.r. 1]

Fixing times for attendance of parties before Court

2

• (1) Where, in the case of an originating summons to which appearance is required to be entered, any defendant served with the summons has entered, or has within the time limited for appearing failed to enter, an appearance, the plaintiff may obtain an appointment for the attendance of the parties before the Court for the hearing of the summons, and a day and time for their attendance shall be fixed by a notice (in Form No. 10 in Appendix A) sealed by an officer of the appropriate office.

• (2) A day and time for the attendance of the parties before the Court for the hearing of an originating summons to which appearance is not required, or for the hearing of an ex parte originating summons, may be fixed on the application of the plaintiff or applicant, as the case may be.

• (3) Where, in respect of an originating summons to which an appearance is not required, an application for a day to be fixed under paragraph (2) is not made until after the originating summons has been issued, a day and time for the attendance of the parties before the Court for the hearing of the summons shall be fixed by a notice issued in accordance with the provisions of paragraph (1).

• (4) Where a plaintiff fails to apply for an appointment under paragraph (1), any defendant may, with the leave of the Court, obtain an appointment in accordance with that paragraph provided that he has entered an appearance.

[E.r. 2]

Notice of first hearing, etc.

3

• (1) Not less than 4 clear days before the day fixed under rule 2 for the attendance of the parties before the Court for the hearing of an originating summons to which appearance is required to be entered, the party on whose application the day was fixed must serve a copy of the notice fixing it on every other party who has entered an appearance and, if the first-mentioned party is a defendant, on the plaintiff.

• (2) Not less than 4 clear days before the day fixed under rule 2 for the hearing of an originating summons to which appearance is not required, the plaintiff must serve the summons on every defendant and, where the day for the hearing is fixed after the summons is issued, a copy of the notice fixing it.

• (3) Where the plaintiff intends to adduce evidence in support of an originating summons at the first hearing thereof he must do so by affidavit and, not less than 4 clear days before the hearing, serve a copy thereof on every defendant who has entered an appearance or, if the summons is one to which appearance is not required, on every defendant who has been served with the summons.

• (4) Not less than 4 clear days before the day fixed for the hearing of an ex parte originating summons the applicant must file an affidavit in support of the summons.

[E.r. 3]

Directions, etc., by Court

4

• (1) The Court by whom an originating summons is heard may, if the liability of the defendant to the plaintiff in respect of any claim made by the plaintiff is established, make such order in favour of the plaintiff as the nature of the case may require; but where the Court makes an order under this paragraph against a defendant who does not appear at the hearing, the order may be varied or revoked by a subsequent order of the Court on such terms as it thinks just.

• (2) Unless on the first hearing of an originating summons the Court disposes of the summons altogether or orders the cause or matter begun by it to be remitted to a county court in accordance with the provisions of section 31 of the Act, or makes an order under rule 8, the Court shall give such directions as to further conduct of the proceedings as it thinks best adapted to secure the just, expeditious and economical disposal thereof.

• (3) Without prejudice to the generality of paragraph (2); the Court shall, at as early a stage of the proceedings on the summons as appears to it to be practicable consider whether there is or may be a dispute as to fact and whether the just, expeditious and economical disposal of the proceedings can accordingly best be secured by hearing the summons on oral evidence or mainly on oral evidence and, if it thinks fit, may order that no further evidence shall be filed and that the summons shall be heard on oral evidence or partly on oral evidence, and partly on affidavit evidence, with or without cross-examination of any of the deponents, as it may direct.

• (4) Without prejudice to the generality of paragraph (2), and subject to paragraph (3), the Court may give directions as to the filing of evidence and as to the attendance of deponents for cross-examination.

[E.r. 4]

Adjournment of summons

5

• (1) The hearing of the summons by the Court may (if necessary) be adjourned from time to time, either generally or to a particular date, as may be appropriate, and the powers of the Court under rule 4 may be exercised at any resumed hearing.

• (2) If the hearing of the summons is adjourned generally, the party on whose application the day for its hearing; was fixed under rule 2 may restore it to the list on 2 days' notice to all the other parties (except a defendant who has failed to enter an appearance or, if the summons is one to which an appearance is not required, has not boon served with the summons), and any of those parties may restore it with the leave of the Court.

[E.r. 5]

Applications affecting party in default of appearance

6

Where in a cause or matter begun by originating summons an application is made to the Court for an order affecting a party who has failed to enter ail appearance, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the patty is in default of appearance.

[E.r. 6]

Counterclaim by defendant

7

• (1) A defendant to an action begun by originating summons who has entered an appearance to the summons and who alleges that he has any claim or is entitled to any relief or remedy against the plaintiff in respect of any matter (whenever and however arising) may make a counterclaim in the action in respect of that matter instead of bringing a separate action.

• (2) A defendant who wishes to make a counterclaim under this rule must at the first or any resumed hearing of the originating summons by the Court but, in any case, at as early a stage in the proceedings as is practicable, inform the Court of the nature of his claim and, without prejudice to the powers of the Court under paragraph (3), the claim shall be made in such manner as the Court may direct under rule 4 or rule 8.

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

[E.r. 7]

Continuation of proceedings as if cause or matter begun by writ

8

• (1) Where, in the case of a cause or matter begun by originating summons, it appears to the Court at any stage of the proceedings that the proceedings should for any reason be continued as if the cause or matter had been begun by writ, it may order the proceedings to continue as if the cause or matter had been so begun and may, in particular, order that any affidavit shall stand as pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof.

• (2) This rule applies notwithstanding that the cause or matter in question could not have been begun by writ.

• (3) Any reference in these Rules to an action begun by writ shall, unless the context otherwise requires, be construed as including a reference to a cause or matter proceedings in which are ordered under this rule to continue as if the cause or matter had been so begun.

[E.r. 8]

Order for hearing or trial

9

• (1) Except where the Court disposes of a cause or matter begun by originating summons in chambers or orders it to be remitted to a county court in accordance with the provisions of section 31 of the Act or makes an order in relation to it under rule 8 or some other provision of these rules, the Court shall, on being satisfied that the cause or matter is ready for determination, make an order for the hearing or trial thereof in accordance with this rule.

• (2) Where the cause or matter is proceeding in the Chancery Division, the Court shall make such order as to the hearing of the cause or matter in court as may be appropriate; and where it makes such an order, it shall cause the originating summons, a copy thereof and every other document that will be required by the judge to be sent to the proper officer, who shall set down the cause or matter for hearing.

• (3) The Court shall by order determine the mode of the trial, but any such order may be varied by a subsequent order of the Court made at or before the trial.

• (4) Order 33, rule 4(2), and Order 34, rules 1 to 7, shall apply in relation to a cause or matter in the Queen's Bench Division begun by originating summons and to an order made therein under this rule as they apply in relation to an action in that Division begun by writ and to an order made therein under the said rule 4 and shall have effect accordingly with the necessary modifications.

[E.r. 9]

Failure to prosecute proceedings with despatch

10

• (1) If the plaintiff in a cause or matter begun by originating summons makes default in complying with any order or direction of the Court as to the conduct of the proceedings, or if the Court is satisfied that the plaintiff in a cause or matter so begun is not prosecuting the proceedings with due despatch, the Court may order the cause or matter to be dismissed or may make such other order as may be just.

• (2) Paragraph (1) shall, with any necessary modifications, apply in relation to a defendant by whom a counterclaim is made under rule 7 as it applies in relation to a plaintiff.

• (3) Where, by virtue of an order made under rule 8, proceedings in a cause or matter begun by originating summons are to continue as if the cause or matter had been begun by writ, the foregoing provisions of this rule shall not apply in relation to the cause or matter after the making of the order.

[E.r. 10]

Abatement. etc., of action

11

Order 34, rule 8 shall apply in relation to an action begun by originating summons as it applies in relation to an action begun by writ.

[E.r. 11]

ORDER 29 — INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, INTERIM PAYMENTS, ETC.

I. INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, ETC.

Application for injunction

1

• (1) An application for the grant of an injunction may be made by any party to a cause or matter before or after the trial of the cause or matter, whether or not a claim for the injunction was included in that party's writ, originating summons, counterclaim or third party notice, as the case may be.

• (2) Where the applicant is the plaintiff and the case is one of urgency such application may be made ex parte on affidavit but, except as aforesaid, such application must be made by motion or summons.

• (3) The plaintiff may not make such an application before the issue of the writ or originating summons by which the cause or matter is to be begun except where the case is one of urgency, and in that case the injunction applied for may be granted on terms providing for the issue of the writ or summons and such other terms, if any, as the Court thinks fit.

[E.r. 1]

Detention, preservation, etc., of subject-matter of cause or matter

2

• (1) On the application of any party to a cause or matter the Court may make an order for the detention, custody or preservation of any property which is the subject-matter of the cause or matter, or as to which any question may arise therein, or for the inspection of any such property in the possession of a party to the cause or matter.

• (2) For the purpose of enabling any order under paragraph (1) to be carried out the Court may by the order authorise any person to enter upon any land or building in the possession of any party to the cause or matter.

• (3) Where the right of any party to a specific fund is in dispute in a cause or matter, the Court may, on the application of a party to the cause or matter, order the fund to be paid into court or otherwise secured.

• (4) An order under this rule may be made on such terms, if any, as the Court thinks just.

• (5) An application for an order under this rule must be made by summons.

• (6) Unless the Court otherwise directs, an application by a defendant for such an order may not be made before he enters an appearance.

[E.r. 2]

Delivery up of goods under s.4 of Torts (Interference with Goods) Act 1977

3

• (1) Without prejudice to rule 2, the Court may, on the application of any party to a cause or matter, make an order under section 4 of the Torts (Interference with Goods) Act 1977³³ for the delivery up of any goods which are the subject-matter of the cause or matter or as to which any question may arise therein.

• (2) Paragraphs (2) and (3) of rule 1 shall have effect in relation to an application for such an order as they have effect in relation to an application for the grant of an injunction.

[E.r. 2A]

Power to order samples to be taken, etc.

4

• (1) Where it considers it necessary or expedient for the purpose of obtaining full information or evidence in any cause or matter, the Court may, on the application of a party to the cause or matter, and on such terms, if any, as it thinks just, by order authorise or require any sample to be taken of any property which is the subject-matter of the cause or matter or as to which any question may arise therein, any observation to be made on such property or any experiment to be tried on or with such property.

• (2) For the purpose of enabling any order under paragraph (1) to be carried out the Court may by the order authorise any person to enter upon any land or building in the possession of any party to the cause or matter.

• (3) Rule 2(5) and (6) shall apply in relation to an application for an order under this rule as they apply in relation to an application for an order under that rule.

[E.r. 3]

Sale of perishable property etc.

5

• (1) The Court may, on the application of any party to a cause or matter, make an order for the sale by such person, in such manner and on such terms (if any) as may be specified in the order of any property (other than land) which is the subject-matter of the cause or matter or as to which any question arises therein and which is of a perishable nature or likely to deteriorate if kept or which for any other good reason it is desirable to sell forthwith.

In this paragraph “land” includes any interest in, or right over, land.

• (2) Rule 2(5) and (6) shall apply in relation to an application for an order under this rule as they apply in relation to ail application for an order under that rule.

[E.r. 4]

Order for early trial

6

Where on the hearing of art application, made before the trial of a cause or matter, for an injunction or the appointment of a receiver or an order under rule 2, 4 or 5 it appears to the Court that the matter in dispute can be better dealt with by an early trial than by considering the whole merits thereof for the purposes of the application, the Court may make an order accordingly and may also make such order as respects the period before trial as the justice of the case requires.

[E.r. 5]

Recovery of personal property subject to lien, etc.

7

Where the plaintiff, or the defendant by way of counterclaim, claims the recovery of specific property (other than land) and the party from whom recovery is sought does not dispute the title of the party making the claim but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court, at any time after the claim to be so entitled appears from the pleadings (if any) or by affidavit or otherwise to its satisfaction, may order that the party seeking to recover the property be at liberty to pay into court, to abide the event of the action, the amount of money in respect of which the security is claimed and such further sum (if any) for interest and costs as the Court may direct and that, upon such payment being made, the property claimed be given up to the party claiming it.

[E.r. 6]

Directions

8

Where an application is made under any of the foregoing provisions of this Order, the Court may give directions as to the further proceedings in the cause or matter.

[E.r. 7]

Inspection, etc., of property under section 21 of Administration of Justice Act 1969 or section 32(2) of Administration of Justice Act 1970

9

• (1) An application for an order under section 21(1) of the Administration of Justice Act 1969³⁴ in respect of property which may become the subject-matter of subsequent proceedings in the High Court or as to which any question may arise in any such proceedings shall be made by originating summons and the person against whom the order is sought shall be made defendant to the summons.

• (2) An application after the commencement of proceedings for an order under section 32(2) of the Administration of Justice Act 1970³⁵ in respect of property which is not the property of or in the possession of any party to the proceedings shall be made by summons, which must be served oil the person against whom the order is sought personally and on every party to the proceedings other than the applicant.

• (3) A summons under paragraph (1) or (2) shall be supported by affidavit which must specify or describe the property in respect of which the order is sought and show, if practicable by reference to any pleading served or intended to be served in the proceedings or subsequent proceedings, that it is property which is or may become the subject-matter of the proceedings or as to which any question arises or may arise in the proceedings.

• (4) A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served.

• (5) An order made under the said section 21 or 32(2) may be made conditional on the applicant's giving security for the costs of the person against whom it is made or on such other terms, if any, as the Court thinks just.

• (6) No such order shall be made if it appears to the Court—

• (a) that compliance with the order, if made, would result in the disclosure of information relating to a secret process, discovery or invention not in issue in" the proceedings, and

• (b) that the application would have been refused on that ground if—

• (i) in the case of a summons under paragraph (1), the subsequent proceedings had already been begun, or

• (ii) in the case of a summons under paragraph (2); the person against whom the order is sought were a party to the proceedings.

[E.r. 7A]

Allowance of income of property pendente lite

10

Where any real or personal property forms the subject-matter of any proceedings, and the Court is satisfied that it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may at any time allow the whole or part of the income of the property to be paid, during such period as it may direct, to any or all of the parties who have an interest therein or may direct that any part of the personal property be transferred or delivered to any or all of such parties.

[E.r. 8]

II. INTERIM PAYMENTS IN ACTIONS FOR PERSONAL INJURIES

Interpretation of Part II

11

In this Part of this Order—

• “interim payment”, in relation to a defendant, means a payment on account of any damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death which that defendant may be held liable to pay to or for the benefit of the plaintiff;

any reference to the plaintiff or defendant includes a reference to any person who for the purpose of the proceedings, acts as next friend to the plaintiff or guardian of the defendant.

[E.r. 9]

Application for interim payment

12

In an action for personal injuries the plaintiff may, at any time after the writ has been served on a defendant and the time limited for him to appear has expired, apply to the Court for an order requiring that defendant to make an interim payment.

[E.r. 10]

Manner in which application under rule 12 must be made

13

• (1) An application under rule 12 must be made by summons, stating the grounds on which the application is made, and be supported by an affidavit, which must—

• (a) verify the special damages, if any, claimed by the plaintiff up to the date of the application;

• (b) exhibit the hospital and medical reports, if any, relied upon by the plaintiff in support of the application; and

• (c) if the plaintiff's claim is made under the Fatal Accidents (Northern Ireland) Order 1977³⁶ contain the particulars mentioned in Article 4 of the Order.

• (2) The summons and a copy of the affidavit in support and any exhibit referred to therein must be served on the defendant against whom the order is sought not less than 10 clear days before the return day.

• (3) Notwithstanding the making or refusal of an order for an interim payment, a second or subsequent application may be made upon cause shown by reason of a change of circumstances.

[E.r. 11]

Order for interim payment

14

• (1) If, on the hearing of an application under rule 12, the Court is satisfied—

• (a) that the defendant against whom the order is sought (in this paragraph referred to as “the respondent”) has admitted liability for the plaintiff's claim; or

• (b) that the plaintiff has obtained judgment against the respondent for damages to be assessed; or

• (c) that, if the action proceeded to trial, the plaintiff would succeed in the action on the question of liability without any substantial reduction of the damages for fault on his part or on the part of any person in respect of whose injury or death the plaintiff's claim arises and would obtain judgment for damages against the respondent or, where there are two or more defendants, against any of them,

the Court may, if it thinks fit and subject to paragraph (2), order the respondent to make an interim payment of such amount as it thinks just, not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff.

• (2) No order shall be made under paragraph (1) if it appears to the Court that the defendant, or, if there are two or more defendants, any of them, is not a person falling within one of the following categories, namely—

• (a) a person who is insured in respect of the plaintiff's claim;

• (b) a public authority;

• (c) a person whose means and resources are such as to enable him to make the interim payment.

• (3) Subject to Order 80, rule 10, the amount of any interim payment ordered to be made shall be paid to the plaintiff unless the order provides for it to be paid into court, and where the amount is paid into court, the Court may, on the ex parte application of the plaintiff, order the whole or any part of it to be paid out to him at such time or times as the Court thinks fit.

• (4) An interim payment may be ordered to be made in one sum or by such instalments as the Court thinks fit.

[E.r. 12]

Directions on application under rule 12

15

• (1) Where an application is made under rule 12, the Court may give directions as to the further conduct of the action.

[E.r. 13]

Non-disclosure of order for interim payment

16

The fact that an order has been made under rule 14 shall not be pleaded and no communication of that fact shall be made to the Court at the trial or hearing of the action or of any question or issue as to liability or damages until all questions of liability and the amount of the damages have been decided.

[E.r. 14]

Payment into court

17

Where, after making an interim payment pursuant to an order under rule 14, a defendant pays a sum of money into court under Order 22, rule 1, the notice of payment must state that the defendant has taken into account the interim payment.

[E.r. 15]

Adjustment on final judgment or order

18

Where a defendant has made an interim payment pursuant to an order under rule 13, the Court may, on giving or making a final judgment or order determining that defendant's liability to the plaintiff in the action, make any such order with respect to the interim payment as may be necessary for giving effect to the determination and in particular—

• (a) an order for the repayment by the plaintiff of any sum by which the interim payment exceeds the amount which that defendant is liable to pay the plaintiff, or

• (b) an order for the payment by any other defendant of any part of the interim payment which the defendant who made it is entitled to recover from him by way of contribution or indemnity or in respect of any remedy or relief relating to or connected with the plaintiff's claim.

[E.r. 16]

Interim order on counterclaim

19

A defendant who makes a counterclaim for damages in respect of personal injuries to himself or any other person or in respect of a person's death may apply for an order requiring the plaintiff to make an interim payment and this Part of this Order shall apply accordingly with the necessary modifications.

[E.r. 17]

III. INTERIM PAYMENTS IN ACTIONS FOR POSSESSION OF LAND

Order for interim payment

20

• (1) Where in an action in which there is a claim for possession of land it appears to the Court that, in the event of a final judgment or order being given or made in favour of the plaintiff, the defendant would be held liable to pay to the plaintiff a sum of money in respect of the defendant's use and occupation of the land during the pendency of the action, the Court may, on the application of the plaintiff, and without prejudice to any contentions of the parties as to the nature or character of the sum to be paid by the defendant, order the defendant to make a payment (in this rule referred to as an “interim payment”) on account of that sum.

• (2) No such order for an interim payment shall be made unless it appears to the Court that, even if a final judgment or order were given or made in favour of the defendant, he would still be under an obligation to pay the plaintiff for his use and occupation of the land, whether by way of rent, mesne profits or otherwise.

• (3) An order under this rule may be for the payment of—

• (a) a sum not exceeding the amount which, if a final judgment or order were given or made in favour of the defendant, would be payable by him in respect of his use and occupation of the land up to the date of the order, or

• (b) periodical payments during the pendency of the action, or

• (c) a combination of both.

• (4) Subject to Order 80, rule 10 the amount of any interim payment ordered to be made shall be paid to the plaintiff unless the order provides for it to be paid into court; and when the amount is paid into court, the Court may, on the ex parte application of the plaintiff, order the whole or any part of it to be paid out to him at such time or times as the Court thinks fit.

[E.r. 18]

Application for interim payment

21

• (1) Subject to paragraph (2), an application for an order under rule 20 may be made—

• (a) in an action begun by writ, by summons issued at any time after a defence has been served or after the time for serving a defence has expired;

• (b) in an action begun by originating summons, in the originating summons or by summons returnable on or after the first hearing of the originating summons.

• (2) A plaintiff who applies for summary judgment under Order 14, rule 2, may include in his summons an application for an order under rule 20 in the event of the defendant's being given leave to defend.

• (3) An application for an order under rule 20 shall be supported by an affidavit, which must—

• (i) verify the material facts on which the application is based;

• (ii) state first the amount, expressed as a sum of money or a periodic payment, which, (if a final judgment or order were made or given in favour of the plaintiff), the defendant would, in the belief of the deponent, be held liable to pay in respect of his use and occupation of the land during the pendency of the action, and, secondly, whether the liability arises by virtue of a lease or tenancy agreement or otherwise;

• (iii) state that, in the belief of the deponent, even if a final judgment or order were given or made in favour of the defendant, he would still be under an obligation to pay the plaintiff for use and occupation of the land during the pendency of the action;

• (iv) state the amount claimed and how it is calculated.

• (4) The summons and a copy of the affidavit in support must be served on the defendant against whom the order is sought not less than 4 clear days (or, if the order is sought in a summons for summary judgment under Order 14, 10 clear days) before the return day.

• (5) Notwithstanding the making or refusal of an order for interim payment, a second or subsequent application may be made upon cause shown.

• (6) An order for an interim payment may, on the application of a party to the action, be varied or discharged by the Court.

[E.r. 19]

Directions on application under rule 21

22

On hearing an application under rule 21, whether or not the Court makes an order for interim payment, the Court may give directions as to the further conduct of the action.

[E.r. 20]

Interim payment in respect of counterclaim

23

A defendant who makes a counterclaim for possession of land may apply for an order requiring the plaintiff to make an interim payment and this Part of this Order shall apply accordingly with the necessary modifications.

[E.r. 21]

ORDER 30 — RECEIVERS

Application for receiver and injunction

1

• (1) An application for the appointment of a receiver may be made by summons or motion.

• (2) An application for an injunction ancillary or incidental to an order appointing a receiver may be joined with the application for such order.

• (3) Where the applicant wishes to apply for the immediate grant of such an injunction, he may do so ex parte on affidavit.

• (4) The Court hearing an application under paragraph (3) may grant an injunction restraining the party beneficially entitled to any interest in the property of which a receiver is sought from assigning, charging or otherwise dealing with that property until after the hearing of a summons for the appointment of the receiver and may require such a summons, returnable on such date as the Court may direct, to be issued.

[E.r. 1]

[ Giving of security by receiver

2

• (1) Where a judgment is given, or order made, directing the appointment of a receiver, then, unless the judgment or order otherwise directs, a person shall not be appointed receiver in accordance with the judgment or order until he has given security in accordance with this rule.

• (2) Where by virtue of paragraph (1), or of any judgment or order appointing a person named therein to be receiver, a person is required to give security in accordance with this rule he must give security approved by the Court duly to account for what he receives as receiver and to deal with it as the Court directs.

• (3) Unless the Court otherwise directs, the security shall be by guarantee or, if the amount for which the security is to be given does not exceed £1,000, by an undertaking.

• (4) The guarantee or undertaking must be filed in the appropriate office.

[E.r. 2]

Remuneration of receiver

3

A person appointed receiver shall be allowed such proper remuneration, if any, as may be fixed by the Court.

[E.r. 3]

Receiver's accounts

4

• (1) A receiver must submit accounts to the Court at such intervals or on such dates as the Court may direct in order that they may be passed.

• (2) Unless the Court otherwise directs, each account submitted by a receiver must be accompanied by an affidavit verifying it.

• (3) The receiver's account and affidavit (if any) must be left at the appropriate office, and the plaintiff or party having the conduct of the cause or matter must thereupon obtain an appointment for the purpose of passing such account.

• (4) The passing of a receiver's account must be certified by a master.

[E.r. 4]

Payment of balance, etc., by receiver

5

The days on which a receiver must pay into court the amounts shown by his account as due from him, or such part thereof as the Court may certify as proper to be paid in by him, shall be fixed by the Court.

[E.r. 5]

Default by receiver

6

• (1) Where a receiver fails to attend for the passing of any account of his, or fails to submit any account, make any affidavit or do any other thing which he is required to submit, make or do, he and any or all of the parties to the cause or matter in which he was appointed may be required to attend in chambers to show cause for the failure, and the Court may, either in chambers or after adjournment into court, give such directions as it thinks proper including, if necessary, directions for the discharge of the receiver and the appointment of another and the payment of costs.

• (2) Without prejudice to paragraph (1), where a receiver fails to attend for the passing of any account of his or fails to submit any account or fails to pay into court on the date fixed by the Court any sum shown by his account as due from him, the Court may disallow any remuneration claimed by the receiver in any subsequent account and may, where he has failed to pay any such sum into court, charge him with interest at the rate of £5 per cent. per annum on that sum while in his possession as receiver.

[E.r. 6]

ORDER 31 — SALES, ETC. OF LAND BY ORDER OF COURT: CONVEYANCING COUNSEL TO THE COURT

1. SALES, ETC. OF LAND BY ORDER OF COURT

Power to order sale of land

1

Where in any cause or matter in the Chancery Division relating to any land it appears necessary or expedient for the purposes of the cause or matter that the land or any part thereof should be sold, the Court may order that land or part to be sold, and any party bound by the order and in possession of that land or part, or in receipt of the rents and profits thereof, may be compelled to deliver up such possession or receipt to the purchaser or to such other person as the Court may direct.

[E.r. 1]

Manner of carrying out sale

2

• (1) Where an order is made, whether in court or in chambers, directing any land to be sold, the Court may permit the party or person having the conduct of the sale to sell the land in such manner as he thinks fit, or may direct that the land be sold in such manner as the Court may either by the order or under paragraph (4) direct for the best price that can be obtained, and all proper parties shall join in the sale and conveyance as the Court shall direct.

• (2) The party entitled to prosecute the order must, subject to paragraph 3, take out a summons to proceed with the order.

• (3) Where an order for sale contains directions with regard to effecting the sale, the party entitled to prosecute the order shall not take out a summons under paragraph (2) unless and until he requires the further directions of the Court.

• (4) On the hearing of the summons the Court may give such directions as it thinks fit for the purpose of effecting the sale, including, without prejudice to the generality of the foregoing words, directions—

• (a) appointing the party or person who is to have the conduct of the sale;

• (b) fixing the manner of sale, whether by contract conditional on the approval of the Court, private treaty, public auction, tender or some other manner;

• (c) fixing a reserve or minimum price;

• (d) requiring payment of the purchase money into court or to trustees or other persons;

• (e) for settling the particulars and conditions of sale;

• (f) for obtaining evidence of the value of the property;

• (g) fixing the security (if any) to be given by the auctioneer, if the sale is to be by public auction, and the remuneration to be allowed him;

• (h) requiring an abstract of the title to be referred to conveyancing counsel to the Court or some other conveyancing counsel for his opinion thereon and to settle the particulars and conditions of sale.

[E.r. 2]

Certifying result of sale

3

• (1) If either the Court has directed payment of the purchase money into court or the Court so directs, the result of a sale by order of the Court must be certified—

• (a) in the case of a sale by public auction, by the auctioneer who conducted the sale, and

• (b) in any other case, by the solicitor of the party or person having the conduct of the sale;

and the Court may require the certificate to be verified by the affidavit of the auctioneer or solicitor, as the case may be.

• (2) The solicitor of the party or person having the conduct of the sale must file the certificate and affidavit (if any) at the Chancery Office.

[E.r. 3]

Mortgage, exchange or partition under order of the Court

4

Rules 2 and 3 shall, so far as applicable and with the necessary modifications, apply in relation to the mortgage, exchange or partition of any land under an order of the Court as they apply in relation to the sale of any land under such an order.

[E.r. 4]

II. CONVEYANCING COUNSEL TO THE COURT

Reference of matters to conveyancing counsel to Court

5

The Court may refer to the conveyancing counsel to the Court—

• (a) any matter relating to the investigation of the title to any property with a view to an investment of money in the purchase or on mortgage thereof, or with a view to the sale thereof,

• (b) any matter relating to the settlement of a draft of a conveyance, mortgage, settlement or other instrument, and

• (c) any other matter it thinks fit,

and may act upon his opinion in the matter referred.

[E.r. 5]

Objection to conveyancing counsel’s opinion

6

Any party may object to the opinion given by any conveyancing counsel on a reference under rule 5, and if he does so the point in dispute shall be determined by the judge either in chambers or in court as he thinks fit.

[E.r. 6]

ORDER 32 — APPLICATIONS AND PROCEEDINGS IN CHAMBERS

Powers of judge in chambers

1

A judge of the High Court may exercise in chambers all or any part of the jurisdiction vested in the High Court in all such causes and matters and in all such proceedings in any causes or matters as may be directed or authorised by these Rules or by or in pursuance of any statutory provision to be heard in chambers.

Applications which must be made in chambers

2

An application must be made in chambers where—

• (a) these Rules or any statutory provision require the application to be made in chambers or by summons; or

• (b) the Court directs that the application be made in chambers; or

• (c) the application is interlocutory and is not required or authorised by these Rules to be made by motion, except an application for an injunction or an application made in court at the trial or hearing of a cause or matter.

Mode of making application

3

• (1) Every application in chambers not made ex parte must be made by summons. A summons, other than an originating summons, shall be in Form No. 28 in Appendix A.

• (2) Any application made ex parte may be directed to be made by summons.

[E.r. 1]

Issue of summons

4

• (1) Issue of a summons by which an application in chambers is to be made takes place on its being sealed by an officer of the appropriate office.

• (2) A summons may not be amended after issue without the leave of the Court.

• (3) In this rule “the appropriate office” means—

• (a) in relation to a summons in a cause or matter in The Chancery Division, other than a summons in proceedings to which Order 102 applies, the Chancery Office;

• (b) in relation to a summons in proceedings to which Order 102 applies, The Bankruptcy and Companies Office;

• (c) in relation to a summons in a cause or matter in the Family Division the Probate and Matrimonial Office or the Office of Care and Protection, as the case may be;

• (d) in relation to a summons in any other cause or matter, the Central Office.

[E.r. 2]

Service of summons

5

A summons asking only for the extension or abridgment of any period of time may be served on the day before the day specified in the summons for the hearing thereof, but except as aforesaid and unless the Court otherwise orders or any of these Rules otherwise provides, a summons must be served on every other party not less than 2 clear days before the day so specified.

[E.r. 3]

Adjournment of hearing

6

• (1) The hearing of a summons may be adjourned from time to time, either generally or to a particular date, as may be appropriate.

• (2) If the hearing is adjourned generally, the party by whom the summons was taken out may restore it to the list on 2 clear days' notice to all the other parties on whom the summons was served.

[E.r. 4]

Proceeding in absence of party failing to attend

7

• (1) Where any party to a summons fails to attend on the first or any resumed hearing thereof, the Court may proceed in his absence if, having regard to the nature of the application, it thinks it expedient so to do.

• (2) Before proceeding in the absence of any party the Court may require to be satisfied that the summons or, as the case may be, notice of the time appointed for the resumed hearing was duly served on that party.

• (3) Where the Court hearing a summons proceeded in the absence of a party, then, provided that any order made on the hearing has not been perfected, the Court, if satisfied that it is just to do so, may re-hear the summons.

• (4) Where an application made by summons has been dismissed without a hearing by reason of the failure of the party who took out the summons to attend the hearing, the Court, if satisfied that it is just to do so, may allow the summons to be restored to the list.

[E.r. 5]

Order made ex parte may be set aside

8

The Court may set aside an order made ex parte.

[E.r. 6]

Subpoena for attendance of witness

9

• (1) A writ of subpoena ad testificandum or a writ of subpoena duces tecum to compel the attendance of a witness for the purpose of proceedings in chambers may be issued out of the appropriate office, if the party who desires the attendance of the witness produces a note from a judge or master authorising the issue of the writ.

• (2) Any master may give such a note or may direct that the application for it be made to the judge before whom the proceedings are to be heard.

[E.r. 7]

Application to make order of House of Lords order of High Court

10

An application to make an order of the House of Lords an order of the High Court may be made ex parte by affidavit to a master.

[E.r. 10]

Jurisdiction of masters

11

• (1) A master shall have power to transact all such business and exercise all such jurisdiction as may be transacted and exercised by a judge in chambers, except in respect of the following matters and proceedings, that is to say—

• (a) matters relating to criminal proceedings;

• (b) matters relating to the liberty of the subject;

• (c) applications to review any taxation of costs.

• (d) applications under section 32 of the Act for leave to institute or continue legal proceedings;

• (e) applications for approval of transactions under the inherent jurisdiction of the court;

• (f) the granting of an injunction, except in the terms agreed by the parties to the proceedings in which the injunction is sought;

• (g) application to sanction a compromise, arrangement or transaction on behalf of a person under disability;

• (h) applications concerning charities;

• (i) applications under section 40 of the Trustee Act (Northern Ireland) 1958³⁷ for the appointment of a trustee in substitution for an existing trustee without his consent;

• (j) applications to authorise transactions relating to trust property under section 56 of the Trustee Act (Northern Ireland) 1958;

• (k) applications to vary trusts under section 57 of the Trustee Act (Northern Ireland) 1958;

• (l) applications by trustees to be relieved from personal liability under section 61 of the Trustee Act (Northern Ireland) 1958;

• (m) applications under section 111(2) of the Mental Health Act (Northern Ireland) 1961³⁸ to bring proceedings against a person;

• (n) any other matter or proceeding which by any of these Rules or under any general or special directions of the Lord Chief Justice or, in the case of the Master (Chancery) or the Master (Bankruptcy), the Chancery Judge, is required to be heard only by a judge.

• (2) Where an originating summons raises for the determination of the Court a question as to the construction of a document or a question of law, nothing in paragraph (1) shall authorise a master to determine that question.

[E.rr. 11 & 14]

Reference of matter to judge

12

• (1) A master may refer to a judge any matter which he thinks should properly be decided by a judge, and the judge may either dispose of the matter or, after or without hearing the parties, refer it back to the master, with such directions as he thinks fit.

• (2) A matter referred under this rule shall, in accordance with the directions of the judge, either be listed for hearing by the judge or restored to the master's list.

[E.r. 12]

Power to direct hearing in court

13

• (1) The judge in chambers may direct that any summons, application or appeal shall be heard in court or shall be adjourned into court to be so heard if he considers that by reason of its importance or for any other reason it should be so heard.

• (2) Any matter heard in court by virtue of a direction under paragraph (1) may be adjourned from court into chambers.

[E.r. 13]

Masters may summon parties, etc.

14

• (1) For the purpose of any proceedings before him, a master may

• (a) issue a summons requiring any party to the proceedings to attend before him,

• (b) at the request of any such party, issue a summons requiring any person to attend him as a witness,

• (c) require the production of documents, and

• (d) examine any party or witness either orally or on interrogatories.

• (2) A summons under paragraph (1)(b) must be served personally on the person against whom it is issued.

• (3) If a person refuses or fails to obey a summons duly served on him under this rule the master may make an order requiring that person to attend before him.

[E.r. 15]

Obtaining assistance of experts

15

If the Court thinks it expedient in order to enable it better to determine any matter arising in proceedings in chambers, it may obtain the assistance of any person specially qualified to advise on that matter and may act upon his opinion.

[E.r. 16]

Adjournment into or from court

16

The hearing of any summons or other application in chambers may be adjourned from chambers into court and subsequently from court into chambers.

[E.r. 18]

Disposal of matters in chambers

17

The judge may by any judgment or order made in court in any proceedings direct that such matters (if any) in the proceedings as he may specify shall be disposed of in chambers.

[E.r. 19]

Papers for use of Court, etc.

18

The original of any document which is to be used in evidence in proceedings in chambers must, if it is available, be brought in, and copies of any such document or of any part thereof shall not be made unless the Court directs that copies of that document or part be supplied for the use of the Court or be given to the other parties to the proceedings.

[E.r. 21]

TRIAL

ORDER 33 — PLACE AND MODE OF TRIAL

Place of trial

1

Subject to any direction or order under section 58 of the Act, the place of trial of a cause or matter, or of any question or issue arising therein, shall be the Royal Courts of Justice.

[E.r. 1]

Mode of trial

2

Subject to the provisions of these Rules, a cause or matter, or any question or issue arising therein, may be tried before—

• (a) a judge alone, or

• (b) a judge with a jury, or

• (c) a judge with the assistance of assessors, or

• (d) a master.

[E.r. 2]

Time, etc., of trial of questions or issues

3

The Court may order any question or issue arising in a cause or matter, whether of fact or of law or partly of fact and partly of law, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

[E.r. 3]

Determining the mode of trial

4

• (1) A party setting down an action to which section 62(1) of the Act applies must specify the mode of trial which he requests.

• (2) Where the party setting down such an action requests a trial without a jury, any other party may within 7 days after receiving a notice pursuant to Order 34, rule 7(1) lodge a request in the appropriate office that the action be tried with a jury and must within 24 hours after lodging such request send a copy thereof to every other party.

• (3) A party setting down any other action must not request any mode of trial.

• (4) Where trial with a jury has been requested under paragraph (1) or (2), any party (including the party who made the request) may apply either by motion on notice or at the trial of the action for an order that the action or any issue of fact therein be tried without a jury.

• (5) Where the trial of an action with a jury has not been requested, any party (including the party who set down the action for trial) may apply by motion on notice for an order that the action or any issue of fact therein be tried with a jury.

• (6) The Court may, upon application made under paragraph (4) or (5) and subject to section 62 of the Act, fix the mode of trial of any action or of any issue of fact therein and, only where it considers that the interest of justice so require, order that different questions of fact arising in the action be tried at different times or by different modes of trial.

• (7) Nothing in this rule affects the provisions of Order 104, rule 11, as to actions for the infringement of a patent.

Trial with assistance of assessors

5

A trial of a cause or matter with the assistance of assessors under section 61 of the Act shall take place in such manner and on such terms as the Court may direct.

[E.r. 6]

Dismissal of action, etc.; after decision of preliminary issue

6

If it appears to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment therein as may be just.

[E.r. 7]

ORDER 34 — SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT

Application and interpretation

1

This Order applies to actions begun by writ and, accordingly, references in this Order to an action shall be construed as references to an action so begun.

[E.r. 1]

Time for setting down action

2

• (1) The plaintiff in any action shall within 6 weeks after the close of pleadings, or within the period fixed by an order of the Court, set down the action for trial.

• (2) Where the plaintiff fails to set down the action for trial, the defendant may set it down or apply to the Court to dismiss the action for want of prosecution and, on the hearing of any such application, the Court may order the action to be dismissed accordingly or make such order as it thinks fit.

[E.r. 2]

Setting down action for trial

3

In order to set down an action for trial the party setting it down must deliver to the appropriate office a request in Form No. 34 of Appendix A that the action may be set down for trial.

Lodging documents

4

• (1) The party setting down an action for trial must deliver to the appropriate office two indexed bundles (one of which shall serve as the record and the other to be for the use of the judge) consisting of one copy of each of the following documents, that is to say—

• (a) the writ,

• (b) the pleadings (including any affidavits ordered to stand as pleadings), any request or order for particulars and the particulars given,

• (c) subject to Order 22, rule 7, any interlocutory orders, and

• (d) the requisite legal aid documents, if any.

• (2) Each of the said bundles must be bound up and indexed in the proper chronological order and the bundle which is to serve as the record must be stamped with the stamp denoting payment of the fee payable on setting down the action and have indorsed thereon the names, addresses and telephone numbers of the solicitors for the parties or, in the case of a party who has no solicitor, of the party himself.

• (3) Where a third party notice has been issued under Order 16, the party issuing the notice (whether with or without leave) must, as soon as practicable after receiving notice that the action has been set down for trial or on setting down the action for trial (unless the third party proceedings have been disposed of or abandoned), deliver to the appropriate office two bundles prepared in accordance with paragraph (1) each consisting of of copy of the third party notice and all documents in the third party proceedings corresponding to those specified in paragraph (1).

• (4) Where a new trial becomes necessary in any action, the procedure for setting down the action for the new trial shall be that specified in the foregoing provisions except that the bundle which is to serve as the record must be bespoken from the appropriate office and must include the order for a new trial.

• (5) In this rule “the requisite legal aid documents” means any documents which are required by regulations under Part I of the Legal Aid and Advice Act (Northern Ireland) 1965³⁹ to be included in the bundle for use at the trial.

[E.r. 3]

Directions relating to lists

5

Nothing in this Order shall prejudice any powers of the Lord Chief Justice to give directions—

• (a) providing for the keeping and publication of lists of actions for hearing;

• (b) providing for the determination of a date for the trial of any action which has been set down or a date before which the trial thereof is not to take place; and

• (c) as to the making of applications (whether to the Court or a court officer) to fix, vacate or alter any such date, and, in particular, requiring any such application to be supported by an estimate of the length of the trial and any other relevant information.

[E.r. 4]

Further provisions as to lists

6

At any time after an action has been set down for trial and before it is tried, the Court may require the parties to furnish the Court or court officer, by personal attendance or otherwise, with such information as may be necessary to show whether the action is ready for trial, and if any party fails to comply with any such requirement, the Court may—

• (a) of its own motion, on 7 days' notice to the parties, direct that the action be removed from the list of actions for hearing;

• (b) on the application of any party, dismiss the action for want of prosecution or strike out the defence or counterclaim or make such other order as the Court thinks fit.

[E.r. 5]

Notification of setting down

7

• (1) A party to an action who sets it down for trial must, within 24 hours after doing so, give notice in Form No. 35 of Appendix A to the other parties to the action that he has done so.

• (2) It shall be the duty of all parties to an action set down for trial to furnish without delay to the officer who keeps the lists of actions for hearing all available information as to the action being or being likely to be settled, and, if the action is settled or withdrawn, to notify that officer of the fact without delay.

• (3) In performance of the duty imposed by paragraph (2), a plaintiff who gives notice of acceptance of a payment into court in accordance with Order 22, rule 3(1), shall at the same time lodge a copy of the notice with the officer mentioned in that paragraph.

[E.r. 8]

Abatement, etc., of action

8

• (1) Where after an action has been set down for trial the action becomes abated, or the interest or liability of any party to the action is assigned or transmitted to or devolves on some other person, the solicitor for the plaintiff or other party having the conduct of the action must, as soon as practicable after becoming aware of it, certify the abatement or change of interest or liability and send the certificate to the proper officer, and that officer shall cause the appropriate entry to be made in the list of actions set down for trial.

• (2) Where in any such list an action stands for one year marked as abated or ordered to stand over generally, the action shall on the expiration of that year be struck out of the list unless, in the case of an action ordered to stand over generally, the order otherwise provides.

[E.r. 9]

ORDER 35 — PROCEEDINGS AT TRIAL

Failure to appear by both parties or one of them

1

• (1) If, when the trial of an action is called on, neither party appears, the action may be struck out of the list, without prejudice, however, to the restoration thereof, on the direction of a judge.

• (2) If, when the trial of an action is called on, one party does not appear, the judge may proceed with the trial of the action or any counterclaim in the absence of that party.

[E.r. 1]

Judgment, etc. given in absence of party may be set aside

2

• (1) Any judgment, order or verdict obtained where one party does not appear at the trial may be set aside by the Court, on the application of that party, on such terms as it thinks just.

• (2) An application under this rule must be made within 7 days after the trial.

[E.r. 2]

Adjournment of trial

3

The judge may, if he thinks it expedient in the interest of justice, adjourn a trial for such time, and to such place and upon such terms, if any, as he thinks fit.

[E.r. 3]

Order of speeches

4

• (1) The judge before whom an action is tried (whether with or without a jury) may give directions as to the party to begin and the order of speeches at the trial, and, subject to any such directions, the party to begin and the order of speeches shall be that provided by this rule.

• (2) Subject to paragraph (6), the plaintiff shall begin by opening his case.

• (3) If the defendant does not adduce evidence, the plaintiff may, after the evidence on his behalf has been given, make a second speech closing his case and the defendant shall then state his case.

• (4) If the defendant does adduce evidence, he may, after any evidence on behalf of the plaintiff has been given, open his case and, after the evidence on his behalf has been given, make a second speech closing his case, and at the close of the defendant's case the plaintiff may make a speech in reply;

• (5) Where there are two or more defendants who appear separately or are separately represented, then—

• (a) if none of them elects to adduce evidence, each of them shall state his case in the order in which his name appears on the record;

• (b) if each of them elects to adduce evidence, each of them may open his case and the evidence on behalf of each of them shall be given in the order aforesaid and the speech of each of them closing his case shall be made in that order after the evidence on behalf of all the defendants has been given;

• (c) if some of them adduce evidence and some do not, those who do shall state their case in the order aforesaid after the speech of the plaintiff in reply to the other defendants.

• (6) Where the burden of proof of all the issues in the action lies on the defendant or, where there are two or more defendants and they appear separately or are separately represented, on one of the defendants, the defendant or that defendant, as the case may be, shall begin, and in that case paragraps (2), (3) and (4) shall have effect in relation to, and as between, him and the plaintiff as if for references to the plaintiff and the defendant there were substituted references to the defendant and the plaintiff respectively.

• (7) Where, as between the plaintiff and any defendant, the party who would, but for this paragraph, be entitled to make the final speech raises any fresh point of law in that speech or cites in that speech any authority not previously cited, the opposing party may make a further speech in reply, but only in relation to that point of law or that authority, as the case may be.

• (8) For the purposes of this rule a party shall be deemed to adduce evidence if he puts in a document whether in the course of cross-examination or otherwise.

[E.r. 7]

Inspection by judge or jury

5

• (1) The judge by whom any cause or matter is tried may inspect any place or thing with respect to which any question arises in the cause or matter;

• (2) Where a cause or matter is tried with a jury and the judge inspects any place or thing under paragraph (1), he may authorise the jury to inspect it also.

[E.r. 8]

Death of party before giving of judgment

6

Where a party to any action dies after the verdict or finding of the issues of fact and before judgment is given-, judgment may be given notwithstanding the death, but the foregoing provision shall not be taken as affecting the power of the judge to make an order under Order 15, rule 7(2), before giving judgment.

[E.r. 9]

Record to be kept by officer

7

The officer present in court shall at the trial or as soon as practicable thereafter, enter in a register to be kept for that purpose, the following—

• (i) the record number of the action;

• (ii) the date of the trial;

• (iii) the name of the trial judge and whether the trial was with or without a jury;

• (iv) the title of the action;

• (v) the names of solicitor and counsel;

• (vi) the names of any witnesses;

• (vii) the questions asked of and the answers given by the jury where the trial was with a jury;

• (viii) particulars of the judgment and of all orders, directions and certificates (if any);

• (ix) a note of the days on which the trial was held and the time spent at trial during each clay on which the trial was held.

List of exhibits

8

• (1) The proper officer shall take charge of every document or object put in as an exhibit during the trial of any action and shall mark or label every exhibit with a letter indicating the party by whom it is put in and shall number each party's exhibits consecutively.

• (2) The proper officer shall cause a list to be made of all the exhibits in the action, and any party may, on payment of the prescribed fee, have an office copy of that list.

• (3) The list of exhibits when completed shall be attached to the pleadings and shall form part of the record of the action.

• (4) For the purpose of this rule a bundle of documents may be treated and counted as one exhibit

[E.r. 11]

Custody of exhibit after trial

9

It shall be the duty of every party to an action who has put in any exhibit to apply to the proper officer immediately after the trial for the return of the exhibit, and, so far as is practicable regard being had to the nature of the exhibit, to keep it duly marked and labelled as before, so that in the event of an appeal to the Court of Appeal or the House of Lords, he may be able to produce the exhibit so marked and labelled at the hearing of the appeal in case he is required by the Court of Appeal or the House of Lords to do so.

[E.r. 12]

Impounded documents

10

• (1) Documents impounded by order of the Court shall not be delivered out of the custody of the Court except in compliance with an order made by a judge on an application made by motion:

Provided that where the Attorney General for Northern Ireland or the Director of Public Prosecutions for Northern Ireland makes a written request in that behalf, documents so impounded shall be delivered into his custody.

• (2) Documents impounded by order of the Court, while in the custody of the Court, shall not be inspected except by a person authorised to do so by an order signed by a judge.

[E.r. 13]

ORDER 36 — [ TRIALS BEFORE MASTERS AND REFEREES]

Power to order trial before master or referee

1

In any cause or matter, other than a criminal proceeding by the Crown, if the question in dispute consists wholly or in part of matter of account, the Court may at any time pursuant to section 20 of the Arbitration Act (Northern Ireland) 1937⁴⁰ order the whole cause or matter or any question or issue of fact arising therein to be tried, without prejudice to Orders 43 and 44, before a master or before a referee or arbitrator respectively agreed on by the parties (all of whom are hereinafter referred to as the “referee”).

[E.r. 1]

Procedure on reference

2

Where an order for the trial of any question or issue of fact is made under rule 1, unless the court otherwise orders, further consideration of the cause or matter shall stand adjourned until the receipt of the referee's report.

[E.r. 2]

Lodgment of order under rule 1

3

Every order made under rule 1 shall forthwith be lodged with the referee who shall within 14 days thereafter fix the date of the trial after consultation with the parties or their solicitors.

Report on reference

4

• (1) The report made by a referee in pursuance of a reference under rule 1 shall be made to the Court and notice thereof served on the parties to the reference.

• (2) The referee may in his report submit any question arising therein for the decision of the Court or make a special statement of facts from which the Court may draw such inferences as it thinks fit.

• (3) On the receipt of the referee's report, the Court may—

• (a) adopt the report in whole or in part;

• (b) vary the report;

• (c) require an explanation from him;

• (d) remit the whole or any part of the question or issue originally referred to him for further consideration by him or any other referee; or

• (e) decide the question or issue originally referred to him on the evidence taken before him, either with or without additional evidence.