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

• (2) The Court may direct a notice of judgment to be served personally or in such manner as it may specify on the person required to be served, or if it appears to the Court that it is impracticable for any person to serve such notice on any such person it may dispense with service of the notice on that person.

Before notice of a judgment is served the notice must be indorsed with a memorandum in Form No. 36 in Appendix A.

• (3) The party prosecuting the judgment must leave at the Chancery Office the stamped copy of the memorandum of appearance of any person served with notice of the judgment or, as the case may be, a certificate that no appearance has been entered by him.

• (4) Where the Court dispenses with service of notice of a judgment on any person, it may also order that that person shall be bound by the judgment to the same extent as if he had been served with notice thereof, and he shall be bound accordingly except where the judgment has been obtained by fraud or non-disclosure of material facts.

• (5) A person served with notice of a judgment may, within one month after service of the notice on him, and without entering an appearance, apply to the Court to discharge, vary or add to the judgment.

• (6) A person served with notice of a judgment may, after entering an appearance to the notice, attend the proceedings under the judgment.

• (7) 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, and the person by whom the notice is served were the plaintiff and the person on whom it is served a defendant.

[E.r. 3]

Directions by Court

4

• (1) The Court hearing the summons to proceed shall give directions with respect to the proceedings to be taken under the judgment and the conduct thereof, 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 parties required to attend all or any part of the proceedings, and

• (d) 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.

[E.r. 4]

Court may require parties to be represented by same solicitors

5

Where on the hearing of the summons to proceed or at any stage of the proceedings under the judgment it appears to the Court that the interests of the parties can be classified, it may require the parties constituting each or any class to be represented by the same solicitor, and where the parties constituting any class cannot agree on the solicitor to represent them, the Court may nominate a solicitor to represent the class in the proceedings.

[E.r. 5]

Court may require parties to be represented by different solicitors

6

Where on the hearing of the summons to proceed or at any stage of the proceedings under the judgment it appears to the court that two or more of the parties who are represented by the same solicitor ought to be separately represented, it may require them to be so represented and may adjourn the proceedings until they are.

[E.r. 6]

Leave to attend proceedings, etc.

7

Any party to the proceedings under the judgment who has not been directed to attend may apply to the Court for leave to attend any part of the proceedings at the cost of the estate or other property to which the proceedings relate and to have the conduct of that part either in addition to or in substitution for any other party.

[E.r. 7]

Judgment requiring deed to be settled by Court: directions

8

Where the judgment directs any deed or other instrument to be settled by the judge in chambers, or to be settled by him if the parties to the deed fail to agree it, the Court hearing the summons to proceed under the judgment shall direct—

• (a) that within such period as it may specify the party entitled to prepare a draft of the deed must serve a copy of the draft on every other party who will be a party to the deed, and

• (b) that within 8 days, or such other period, if any, as it may specify, after service on any such other party of a copy of the draft that party must serve on the party by whom the draft was prepared a written statement of his objections (if any) to the draft.

[E.r. 8]

Application of rules 10 to 17

9

Rules 10 to 17 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 unascertained 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 any account of debts or other liabilities to be taken or any inquiry to be made.

[E.r. 9]

Advertisements for creditors and other claimants

10

• (1) On the hearing of the summons to proceed the Court may direct the issue of advertisements for creditors or other claimants, and in deciding whether to do so shall have regard to any advertisement previously issued by the personal representatives or trustees concerned.

• (2) Every such advertisement shall be prepared by the party prosecuting the judgment, and—

• (a) in the case of an advertisement for creditors, shall be signed by that party's solicitor or, if he has no solicitor, by the master, and

• (b) in the case of an advertisement for other claimants, shall be submitted to the master and if approved by the master shall be signed by him.

• (3) The Court shall fix the time within which, and the person to whom, any claimant is to send his name and address and particulars of his claim, and that time and the name and address of that person shall be stated in the advertisement.

[E.r. 10]

Failure to claim within specified time

11

A claimant who fails to send full particulars of his claim to the person named in any advertisement directed by the Court within the time therein specified shall not be entitled to prove his claim except with the leave of the Court, and in granting leave the Court may impose such terms as to costs and otherwise as it thinks just.

[E.r. 11]

Examination, etc. of claims

12

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

• (b) at least 7 clear days before the time appointed for adjudicating on claims, make an affidavit verifying lists of—

• (i) claims sent in pursuance of any advertisement,

• (ii) claims which have been received by any of the personal representatives otherwise than in pursuance of an advertisement, and

• (iii) debts of the deceased at the time of his death in respect of which no claim has been received but which are or may still be due and which have come to the knowledge of any of the personal representatives.

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

• (b) at least 7 clear days before the time appointed for adjudicating on claims, make an affidavit verifying lists of—

• (i) claims sent in pursuance of any advertisement, and

• (ii) claims received by any of the personal representatives or trustees concerned, otherwise than in pursuance of an advertisement, or which have come to his knowledge.

• (3) The affidavit required by paragraph (1) or (2) must, as the circumstances of the case require, specify, in relation to the claims of creditors, the claims and debts which in the belief of the deponent are liabilities of the estate of the deceased and ought to be allowed, in whole or in part, and, in relation to the claims of persons other than creditors, the claims which in the belief of the deponent are valid claims, with, in either case, the reasons for such belief.

• (4) 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.

[E.r. 12]

Adjudication on claims

13

• (1) The Court adjudicating on the claims—

• (a) may allow any such claim after or without proof thereof;

• (b) may direct any such claim to be investigated in such manner as it thinks fit;

• (c) may require any claimant to attend and prove his claim or to furnish further particulars or evidence of it.

• (2) Where the Court exercises the power conferred by paragraph 1(c) in relation to any claimant, such party as the Court may direct must serve on that claimant a notice requiring him—

• (a) to file an affidavit in support of his claim within such time, not being less than 7 days after service of the notice, as may be specified in the notice and to attend before the Court for adjudication on the claim at such time as may be so specified, or

• (b) to produce to the Court at such time as may be so specified such documents in support of his claim as may be so specified or described.

• (3) Where a claimant fails to comply with a notice served on him under paragraph (2) his claim may be disallowed.

• (4) A claimant who files an affidavit in compliance with a notice served on him under paragraph (2) must serve notice of the filing on the party by whom the first-mentioned notice was served and, unless the Court otherwise directs, that party must produce an office copy of the affidavit at the adjudication of the claim.

• (5) No person claiming to be a creditor need make an affidavit or attend in support of his claim, except for the purpose of producing any documents which he is required to produce, unless served with a notice under paragraph (2)(a).

• (6) If the Court so directs, a person claiming to be a secured creditor must produce his security at the Chancery Office.

• (7) In this rule references to a claim include references to part of a claim.

[E.r. 13]

Adjournment of adjudication

14

Where on the day appointed for adjudication of claims any claim is not then disposed of, the adjudication shall be adjourned to a day appointed by the Court, and the Court may fix the time within which any evidence in support of or in opposition to the claim is to be filed.

[E.r. 14]

Service of notice of judgment on certain claimants

15

• (1) Where a claimant other than a creditor has established his claim, then, unless he is a party to the cause or matter or has previously been served with notice of the judgment or the Court otherwise directs, the party having the conduct of the cause or matter must serve notice of the judgment on him.

• (2) A person duly served with notice of a judgment under this rule shall, subject to rule 3(5), as applied by paragraph (4), be bound by the judgment to the same extent as he would have been if he had originally been made a party to the action.

• (3) Where the Court directs under paragraph (1) that notice of a judgment shall not be served on a person, it may also order that that person shall be bound by the judgment to the same extent as if he had been served with notice thereof, and he shall be bound accordingly except where the judgment has been obtained by fraud or non-disclosure of material facts.

• (4) Rule 3(5), (6) and (7) shall apply in relation to a person served with notice of a judgment under this rule as they apply in relation to a person served with notice of a judgment under that rule.

[E.r. 15]

Notice, etc. of claims allowed

16

• (1) Such party as the Court may direct must serve 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.

• (2) Such party, if any, as the Court may direct must make out a list of the creditors' claims, and a list of any other claims, allowed and leave it at the Chancery Office.

[E.r. 16]

Service of notices

17

For the purpose of Order 65, rule 5, in its application to the service of any notice under this Order on a claimant, the proper address of a claimant shall be the address stated in his claim, or, if a solicitor is acting for him in connection with the claim, the business address of that solicitor.

[E.r. 17]

Interest on debts

18

• (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.

[E.r. 18]

Interest on legacies

19

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 £5 per cent. per annum beginning at the expiration of one year after the testator's death.

[E.r. 19]

Determination by judge of question arising before Master

20

• (1) Any party may, before the proceedings before the Master under any judgment are concluded, apply to the judge for the determination of any question arising in the course of the proceedings.

Unless the Court otherwise directs, a fresh summons shall not be issued for the purpose of an application under this paragraph.

• (2) It shall not be necessary to draw up the order or directions made or given by the judge on the determination of such question, except in the event of an appeal to the Court of Appeal, but the master shall refer to such order or directions in his certificate under rule 21.

[E.r. 20]

Master's certificate

21

• (1) The result of proceedings before the Master under a judgment shall be stated in the form of a certificate signed by the master.

• (2) Such certificate shall refer to so much of the judgment, to such documents or parts thereof and to such of the evidence as will make it clear upon what the result stated in the certificate is founded but shall not, unless the circumstances of the case render it necessary, set out the judgment or any documents, evidence or reasons.

• (3) Where the judgment requires the taking of any account, the certificate must refer to the account verified by filed affidavit and must specify by reference to the numbered items in the account which, if any, of such items have been disallowed or varied and the additions, if any, which have been made by way of surcharge or otherwise.

• (4) Where by reason of the alterations made in the account verified by filed affidavit the Court has directed a fresh account incorporating the alterations to be made, the reference in paragraph (3) to the account so verified shall be construed as a reference to the fresh account.

[E.r. 21]

Settling and filing of Master's certificate

22

• (1) A draft of the Master's certificate shall be drawn up in the Chancery Office unless the Master directs it to be drawn up by a party to the proceedings and the draft shall be settled by the parties before the Master on such day as he may appoint.

• (2) The certificate signed by the Master and any account referred to therein shall be filed in the Chancery Office.

[E.r. 22]

Discharge or variation of Master's certificate

23

• (1) Any party to proceedings under a judgment may, not later than—

• (a) 8 clear days after the filing of the Master's certificate therein, or

• (b) if the certificate is to be acted upon by the Accountant General without further order or is a certificate passing a receiver's account, 2 clear days after the filing thereof,

apply by summons for an order of the judge in person discharging or varying the certificate.

A copy of any summons to discharge or vary a certificate which is to be acted upon by the Accountant General without further order must be served on the Accountant General as soon as practicable after the issue thereof.

• (2) Subject to paragraph (3), any such certificate shall, on the expiration of the period specified in relation to it in paragraph (1), becoming binding on the parties to the proceedings unless discharged or varied by order under paragraph (1).

• (3) The judge in person may; in special circumstances, by order discharge or vary the certificate of the Master notwithstanding that the certificate has become binding on the parties.

An application for an order under this paragraph may be by motion or summons.

[E.r. 23]

Further consideration of cause or matter in chambers

24

• (1) Where the Master's certificate has been filed in any cause or matter in the Chancery Division, then, if—

• (a) the cause or matter in which it was filed is a debenture holders' action or the judgment to be made in the cause or matter in which it was filed is for the distribution of an insolvent estate or for the distribution of the estate of a person who died intestate, or

• (b) the order on which the certificate was made was made in chambers and no direction has been given that the cause or matter be adjourned for further consideration in court, or

• (c) an order has been made directing that the cause or matter be adjourned for further consideration in chambers,

a summons for the further consideration of the cause or matter may be issued—

• (i) after the expiration of 8 clear days, and before the expiration of 14 days, from the filing of the Master's certificate, by the plaintiff or party having the conduct of the proceedings, or

• (ii) after the expiration of the said 14 days, by any party.

• (2) There shall be at least 6 days between the service of a summons under this rule and the day named therein for the further consideration of the cause or matter.

[E.r. 24]

Further consideration of cause or matter in court

25

• (1) Where the Master's certificate has been filed in any cause or matter in the Chancery Division, then, if—

• (a) the judgment on which the certificate was made was given in court and the cause or matter is not such as is mentioned in rule 25(1)(a) and no direction has been given that it be adjourned for further examination in chambers, or

• (b) an order has been made directing that the cause or matter be adjourned for further consideration in court,

the cause or matter may be set down in the cause book for further consideration—

• (i) after the expiration of 8 clear days, and before the expiration of 14 days, from the filing of the Master's certificate, on the written request of the plaintiff or party having the conduct of the proceedings, or

• (ii) after the expiration of the said 14 days, on the written request of any party,

upon the production, in either case, of the judgment adjourning the cause or matter for further consideration, or an office copy thereof, and an office copy of the Master's certificate or a memorandum of the date of filing of the certificate, indorsed on request by the proper officer on the judgment or office copy thereof.

When a cause or matter is so set down, a copy of the writ or other originating process by which the cause or matter was begun, a copy of the pleadings (if any) and two copies of minutes of the judgment sought must also be left with the proper officer.

• (2) A cause or matter so set down shall not be put into the list for further consideration until after the expiration of 10 days from the day on which it was so set down, and shall be marked in the cause book accordingly, and notice of the setting down and of the day marked in the cause book as the day before which the cause or matter is not to be put in the list for further consideration must be given to the other parties to the cause or matter at least 6 days before that day.

[E.r. 25]

[JUDGMENTS, ORDERS, ACCOUNTS AND INQUIRIES]

ORDER 42 — JUDGEMENTS

Interpretation

1

In this Order “the Act of 1969” means the Judgments (Enforcement) Act (Northern Ireland) 1969[^f00047].

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

2

• (1) Subject to the provisions of these rules, a judgment 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 5 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 commital order under Part VII of the Act of 1969 or to the enactments relating to bankruptcy or the winding up of companies.

[E.r. 1]

Enforcement of judgment for possession of land

3

Without prejudice to Section 53 of the Act of 1969 and subject to the provisions of these rules, a judgment or order for the giving of possession of land may be enforced in a case in which rule 5 applies by an order of committal under Order 52.

Enforcement of judgment to do 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 judgment 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 judgment or order requiring him to abstain from doing an act,

then, without prejudice to section 92 of the Act of 1969 and subject to the provisions of these rules, the judgment or order may, subject to Part VII of the Act of 1969, be enforced by an order of committal under Order 52.

• (2) Where a judgment 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 within 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.

[E.r. 5]

Service of copy of judgment, etc., prerequisite to enforcement under rule 5

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 sequestration unless a copy of the order requiring the body corporate 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) There must be indorsed on the copy of an order served under this rule a notice informing the person on whom the copy is served—

• (a) in the case of service under paragraph (2), that if he neglects to obey the order within the time specified therein, or, if the order is to abstain from doing an act, that if he disobeys the order, he is liable to process of enforcement to compel him to obey it, and

• (b) in the case of service under paragraph (3); that if the body corporate neglects to obey the order within the time so specified or, if the order is to abstain from doing an act, that if the body corporate disobeys the order, it is liable to process of enforcement to compel compliance with the order.

• (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.

[E.r. 7]

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

6

If an order of mandamus, a mandatory order, ah 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.

[E.r. 8]

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.

[E.r. 9]

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.

[E.r. 10]

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.

[E.r. 11]

ORDER 43 — ACCOUNTS AND INQUIRIES

Application for leave to enforce

1

• (1) Subject to Order 8-1, 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.

[E.r. 4]

[ ORDER 44 — Proceedings under Judgments and Orders: Chancery Division

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 Part VIII of the Judgments (Enforcement) Act (Northern Ireland) 1969 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 tor 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.

[E.O. 46 r. 5]

ORDER 48 — EXAMINATION OF PARTY LIABLE TO SATISFY JUDGMENT

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.

[E.r. 2]

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.

[E.r. 3]

ORDER 49

[No Order made]

ORDER 50 — FUNDS IN COURT: STOP ORDER

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.

[E.r 10]

ORDER 51

[No Order made]

ORDER 52 — COMMITIAL

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.

[E.r. 1]

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 bas 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.

[E.r. 2]

Application for order after leave to apply granted

3

• (1) When leave has been granted under rule 2 to apply for an order of committal, the application for the order must be made by motion to the appropriate Court and, unless the Court or judge granting leave has otherwise directed, there must be at least 8 clear days between the service of the notice of motion and the day named therein for the hearing.

• (2) Unless within 14 days after such leave was granted the motion is entered for hearing the leave shall lapse.

• (3) Subject to paragraph (4), the notice of motion, accompanied by a copy of the statement and affidavit in support of the application for leave under rule 2, must be served personally on the person sought to be committed.

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

[E.r. 3]

Application for order under rule 1(3)

4

• (1) An application for an order of committal under rule 1(3) must be made by motion and be supported by an affidavit.

• (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.

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

Where person sought to be committed fails to appear

5

Where on the hearing of the motion the person sought to be committed fails to appear the Court may make an order of committal against him if it thinks it just to do so.

Saving for power to commit without application for purpose

6

Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the High Court or Court of Appeal to, make an order of committal of its own motion against a person guilty of contempt of court.

[E.r. 5]

Contempt in presence of judge

7

• (1) Without prejudice to rule 6, any person who, in the presence of a judge sitting in the High Court or Court of Appeal appears to be guilty of contempt of court may immediately be called upon to show cause why an order of committal should not be made against him or he may be ordered to appear on some future date, with or without recognizances, before the High Court or Court of Appeal to show cause why an order of committal should not be made against him.

• (2) Where the High Court or Court of Appeal directs that recognizances shall be entered into, the Court shall determine the number of sureties, if any, the amount in which the person who appears to be guilty of contempt and any sureties are to be bound and the conditions to be indorsed on the recognizances with a view to the recognizances being taken subsequently.

• (3) Any such recognizance may be entered into before a master who before taking the recognizance of a surety must satisfy himself that the surety is a suitable person to enter into a recognizance.

Provisions as to hearing

8

• (1) Subject to paragraph (2), the Court hearing an application for an order of committal may sit in private in the following cases, that is to say—

• (a) where the application arises out of proceedings relating to the wardship or adoption of a minor or wholly or mainly to the guardianship, custody, maintenance or upbringing of a minor, or rights of access to a minor;

• (b) where the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder within the meaning of the Mental Health Act (Northern Ireland) 1961[^f00048] or any other incapacitating condition;

• (c) where the application arises out of proceedings in which a secret process, discovery or invention was in issue;

• (d) where it appears to the Court that in the interests of the administration of justice or for reasons of national security the application should be heard in private;

but, except as aforesaid, the application shall be heard in open court.

• (2) If the Court hearing an application in private by virtue of paragraph (1) decides to make an order of committal against the person sought to be committed, it shall in open court state—

• (a) the name of that person,

• (b) in general terms the nature of the contempt of court in respect of which the order of committal is being made, and

• (c) if he is being committed for a fixed period, the length of that period.

• (3) Except with the leave of the Court hearing an application for an order of committal, no grounds shall be relied upon at the hearing except the grounds set out in the statement under rule 2.

The foregoing provision is without prejudice to the powers of the Court under Order 20, rule 8.

• (4) If on the hearing of the application the person sought to be committed expresses a wish to give or adduce evidence on his own behalf, he shall be entitled to do so.

• (5) In this rule references to a court sitting in private include references to a court sitting in camera and a judge in chambers.

[E.r. 6]

Power to suspend execution of committal order

9

• (1) The Court by which an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.

• (2) Where execution of an order of committal is suspended by an order under paragraph (1), the applicant for the order of committal must, unless the Court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the order under that paragraph.

[E.r 7]

Discharge of person committed

10

• (1) The Court may, on the application of any person committed to prison until further order for any contempt of court, discharge him.

• (2) Where a person has been committed for failing to comply with a judgment or order requiring him to deliver any thing to some other person or to deposit it in court or elsewhere, and an order of sequestration has also been issued to enforce that judgment or order, then, if the thing is in the "custody or power of the person committed, the sequestrators appointed by the order of sequestration may take possession of it as if it were the property of that person and, without prejudice to the generality of paragraph (1), the Court may discharge the person committed and may give such directions for dealing with the thing taken by the sequestrators as it thinks fit.

[E.r. 8]

Saving for other powers

11

Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of court, or a person punishable by virtue of any statutory provision in like manner as if he had been guilty of contempt of the High Court, to pay a fine or to give security for his good behaviour, and those provisions, so far as applicable, and with the necessary modifications, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.

[E.r. 9]

ENFORCEMENT OF JUDGMENTS AND ORDERS

ORDER 45 — ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Procedure for application for judicial review

1

There shall be a procedure, to be known as an application for judicial review, under which application may be made to the Court for one or more of the following forms of relief, that is to say, relief by way of—

• (a) an order of mandamus;

• (b) an order of certiorari;

• (c) an order of prohibition;

• (d) a declaration;

• (e) an injunction.

[E.r. 1]

Exercise of jurisdiction in a criminal cause or matter

2

• (1) Save as otherwise provided by this Order and subject to paragraph (3) and to rules 3(3) and 8(1), in a criminal cause or matter the jurisdiction of the Court on or in connection with an application for judicial review shall be exercised by three judges sitting together.

• (2) Where the Lord Chief Justice so directs, such jurisdiction may be exercised by two judges.

• (3) In vacation any jurisdiction under this rule may, where necessary, be exercised by a single judge.

• (4) No appeal shall lie from an order made by a judge exercising jurisdiction under paragraph (3), but an application may be made by motion within 10 days to the Court, constituted in accordance with paragraph (1) or (2), to set aside or discharge the order and to substitute such other order as the Court may think fit.

• (5) Where in accordance with paragraph (2) a matter is heard before two judges and those judges differ in opinion, it shall be re-heard and determined by three judges.

• (6) Notwithstanding this rule, any jurisdiction on consent may be exercised by a single judge in accordance with section 16(5) of the Act.

Grant of leave to apply for judicial review

3

• (1) Leave of the Court shall be obtained in accordance with this rule before any application for judicial review, other than an application for an order of certiorari by the Attorney General acting on behalf of the Crown, is made.

• (2) An application for leave must be made ex parte by lodging in the Central Office—

• (a) a statement setting out the name and description of the applicant, the relief sought and the grounds on which it is sought, and

• (b) an affidavit or affidavits, as the case may require, verifying the facts relied on.

• (3) The jurisdiction of the Court to consider and determine an application for leave may be exercised by a judge while sitting in chambers.

• (4) Without prejudice to its powers under section 18(2)(d) of the Act and Order 20, rule 8, the Court hearing an application for leave may direct or allow the applicant's statement to be amended, whether by specifying different or additional grounds of relief or otherwise, on such terms; if any, as it thinks fit.

• (5) The Court shall not, having regard to section 18(4) of the Act, grant leave unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

• (6) Such leave shall not be granted if, having regard to the nature of the persons and bodies against whom relief may be granted by way of an order of mandamus, prohibition or certiorari, the Court is satisfied that the case is one in respect of which relief could not be granted by way of any such order.

• (7) Where leave is sought to apply for an order of certiorari to remove for the purpose of its being quashed any judgment, order, conviction or other proceeding which is subject to appeal and a time is limited for the bringing of the appeal, the Court may adjourn the application for leave until the appeal is determined or the time for appealing has expired.

• (8) If the Court grants leave, it may impose such terms as to costs and as to giving security as it thinks fit.

• (9) The Court on considering an application for leave may make an order granting relief by way of an order of mandamus, certiorari or prohibition where it considers that in the special circumstances of the case such an order should be made forthwith.

• (10) Upon consideration of an application for leave the Court may direct the applicant to appear before it and no application for leave shall be refused without first giving the applicant an opportunity of being heard.

• (11) In a criminal cause or matter the Court shall, for the purposes of paragraph (9), or a refusal of leave under paragraph (10), be constituted in accordance with rule 2.

• (12) The applicant shall be informed of the result of the application, unless it has been decided in his presence.

• (13) Where leave to apply for judicial review is granted, then (without prejudice to the generality of section 19 of the Act)—

• (a) if the relief sought is an order of prohibition or certiorari and the Court so directs, the grant shall operate as a stay of the proceedings to which the application relates until the determination of the application or until the Court otherwise orders;

• (b) if any other relief is sought, the Court may at any time grant in the proceedings such interim relief as could be granted in an action begun by writ.

[E.r. 3]

Delay in applying for relief

4

Without prejudice to any statutory provision which has the effect of limiting the time within which an application for judicial review may be made, where leave to apply for relief by way of judicial review has not been sought within three months after the date of the proceeding, act or omission complained of, the Court shall not grant such leave or relief unless it is satisfied that the granting of the relief sought would not cause hardship to or unfairly prejudice the rights of any person.

[E.r. 4]

Mode of applying for judicial review

5

• (1) Where leave has been granted to make an application for judicial review, the application shall be made to the Court by originating motion, and the grounds relied on and the relief granted shall only be one or more of those specified in the application.

• (2) The application shall be grounded on the original statement and affidavit or affidavits lodged in support of the application for leave.

• (3) The notice of motion must be served on all persons directly affected and, where it relates to any proceedings in or before a court and the object of the application is either to compel the court or an officer of the court to do any act in relation to the proceedings or to quash them or any order made therein, the notice must also be served on the clerk or registrar of the court and, where any objection to the conduct of the judge is to be made, on the judge. For the purpose of this paragraph the expression “court” and “judge” shall be deemed to include a tribunal and the president or chairman of a tribunal respectively.

• (4) Unless the Court granting leave has otherwise directed, there must be at least 10 days between the service of the notice of motion and the day named therein for hearing.

• (5) A notice of motion must be issued within 14 days after the grant of leave or else leave shall lapse.

• (6) An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of motion must be filed before the motion is entered for hearing and, if any person who ought to be served under this rule has not been served, the affidavit must state that fact and the reason for it; and the affidavit shall be before the Court on the hearing of the motion.

• (7) If on the hearing of the motion the Court is of opinion that any person who ought, whether under this rule or otherwise, to have been served has not been served, the Court may adjourn the hearing on such terms (if any) as it may direct in order that the notice may be served on that person.

• (8) Except in a criminal cause or matter the Court of Appeal may hear and determine an application for an order under this rule where the Court has granted leave under rule 3 on appeal from the refusal of such leave by the Court.

[E.r. 5]

Statements and affidavits

6

• (1) Copies of the statement in support of the application for leave under rule 3 must be served with the notice of motion and, subject to paragraph (2), no grounds shall be relied upon nor any relief sought at the hearing except the grounds and relief set out in the statement.

• (2) Without prejudice to its powers under section 18(2)(d) of the Act and Order 20, rule 8, the Court may on the hearing of the motion direct or allow the applicant to amend his statement, whether by specifying different or additional grounds or relief or otherwise, on such terms, if any, as it thinks fit and may allow further affidavits to be used if they deal with new matters arising out of an affidavit of any other party to the application.

• (3) Where the applicant intends to ask to be allowed to amend his statement or to use further affidavits, he shall give notice of his intention and of any proposed amendment to every other party.

• (4) Each pay to the application must supply to every other party on demand and on payment of the proper charges copies of every affidavit which he proposes to use at the hearing including, in the case of the applicant, the affidavit or affidavits in support of the application for leave under rule 3.

[E.r. 6]

Claims for damages

7

• (1) On an application for judicial review the Court may, subject to paragraph (2), award damages to the applicant if—

• (a) he has included in the statement in support of his application for leave under rule 3 a claim for damages arising from any matter to which the application relates, and

• (b) the Court is satisfied that, if the claim had been made in a separate action begun by the applicant at the time of making his application, he would have been entitled to such damages.

• (2) Order 18, rule 12, shall apply to a statement relating to a claim for damages as it applies to a pleading.

[E.r. 7]

Application for discovery, interrogatories, cross-examination, etc.

8

• (1) Unless the Court otherwise directs, any interlocutory application in proceedings on an application for judicial review may be made to a judge in chambers.

In this paragraph “interlocutory application” includes an application for an order under Order 24 or Order 26 or Order 38 rule 2(3), or for ail order dismissing the proceedings by consent of the parties.

• (2) In relation to an order made by a master pursuant to, paragraph (1), Order 58, rule 1, shall have effect as if a reference to the Court were substituted for the reference to a judge in chambers.

• (3) In a criminal cause or matter no appeal shall lie from an order made by a judge pursuant to paragraph (1), but an application may be made by motion within 5 days to the Court, constituted in accordance with rule 2, to set aside or discharge the order and to substitute such other order as the Court may think fit.

• (4) This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.

Hearing of application for judicial review

9

• (1) On the hearing of any motion under rule 5, any person who desires to be heard in opposition to the motion, and appears to the Court to be a proper person to be heard, shall be heard, notwithstanding that he has not been served with notice of the motion.

[E.r. 8]

• (2) Where the relief sought is or includes an order of certiorari to remove any proceedings for the purpose of quashing them, the applicant may not question the validity of any order, warrant, commitment, conviction, inquisition or record unless before the hearing of the motion he has lodged in the Central Office a copy thereof verified by affidavit or accounts for his failure to do so to the satisfaction of the Court hearing the motion.

• (3) Where an order of certiorari is made in any such case as is referred to in paragraph (2), the order shall, subject to paragraph (4), direct that the proceedings shall be quashed forthwith on their removal into the Queen's Bench Division.

• (4) Where—

• (a) the relief sought is an order of certiorari, and

• (b) the Court is satisfied that there are grounds for quashing the decision in issue,

the Court may, instead of quashing the decision, remit the matter to the lower deciding authority concerned, with a direction to reconsider it and reach a decision in accordance with the ruling of the Court or may reverse or vary the decision of the lower deciding authority.

• (5) Subject to section 18(6) of the Act, the Court may direct pleadings to be delivered or authorise or require oral evidence to be given where this appears to the Court to be necessary or desirable.

• (6) Where the Court directs pleadings to be delivered, it may order the proceedings to continue as if they had been begun by writ; and Order 28 rule 8 shall apply as if the application had been made by originating summons.

Right of appeal

10

Leave shall not be required for an appeal to the Court of Appeal from—

• (a) an order refusing an application for leave under rule 3; or

• (b) an order granting or refusing an application for judicial review.

[E.r. 9]

11

The provisions of this Order shall apply to an application under section 24 of the Act as they apply to an application for judicial review.

[E.r. 10]

ORDER 46 — LEAVE TO ENFORCE JUDGMENTS

Application for writ of habeas corpus ad subjiciendum

1

• (1) Subject to paragraph (2), an application for a writ of habeas corpus ad subjiciendum shall be, made ex parte or by originating notice of motion to the Court.

• (2) A civil application for a writ of habeas corpus ad subjiciendum relative to the custody, care or control of a minor shall be made ex parte or by originating summons to a judge in chambers who shall for this purpose be deemed to constitute the Court.

• (3) The application must, subject to paragraph (4), be supported by an affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint.

• (4) Where the person restrained is unable for any reason to make the affidavit required by paragraph (3), the affidavit may be made by some other person on his behalf and that affidavit must state for what reason the person detained is unable to make the affidavit himself.

Power of court to which ex parte application made

2

• (1) Where an application is made ex parte, the court may make an order forthwith for the writ to issue or may direct that an application be made—

• (a) by originating motion where the application is made in court, or

• (b) by originating summons where the application is made in chambers.

• (2) The summons or notice of motion must be served on the person against whom the issue of the writ is sought and on such other persons as the Court may direct, and, unless the Court otherwise directs, there must be at least 8 clear days between the service of the summons or notice and the date named therein for the hearing of the application.

Copies of affidavits to be supplied

3

Every party to an application under rule 1 must supply to every other party on demand and on payment of the proper charges copies of the affidavits which he proposes to use at the hearing of the application.

Power to order release of person restrained

4

• (1) Without prejudice to rule 2(1), the Court hearing an application for a writ of habeas corpus ad subjiciendum may in its discretion order that the person restrained be released, and such order shall be a sufficient warrant to any governor of a prison, constable or other person for the release of the person under restraint.

• (2) Where such an application in a criminal cause or matter is heard by a single judge and the judge does not order the release of the person restrained, he shall direct that the application be made by originating motion to a court consisting of two or more judges.

Directions as to return of writ

5

Where a writ of habeas corpus ad subjiciendum is ordered to issue, the Court by which the order is made shall give directions as to the Court before which, and the date on which, the writ is returnable.

Service of writ and notice

6

• (1) Subject to paragraphs (2) and (3), a writ of habeas corpus ad subjiciendum must be served personally on the person to whom it is directed.

• (2) If it is not possible to serve such writ personally, or if it is directed to a governor of a prison or other public official, it must be served by leaving it with a servant or agent of the person to whom the writ is directed at the place where the person restrained is confined or restrained.

• (3) If the writ is directed to more than one person, the writ must be served in manner provided by this rule on the person first named in the writ, and copies must be served on each, of the other persons in the same manner as the writ.

• (4) There must be served with the writ a notice, in Form No. 60 in Appendix A, stating the Court before which and the date on which the person restrained is to be brought and that in default of obedience proceedings for committal of the party disobeying will be taken.

Return of the writ

7

• (1) The return to a writ of habeas corpus ad subjiciendum must be indorsed on or annexed to the writ and must state all the causes of the detainer of the person restrained.

• (2) The return may be amended, or another return substituted therefor, by leave of the Court before which the writ is returnable.

Procedure at hearing of writ

8

When a return to a writ of habeas corpus ad subjiciendum is made, the return shall first be read, and motion then made for discharging or remanding the person restrained or amending or quashing the return, and where that person is brought up in accordance with the writ, his counsel shall be heard first, then the counsel for the opposite party, and then one counsel for the person restrained in reply.

Bringing up prisoner to give evidence, etc.

9

• (1) An application for a writ of habeas corpus ad testificandum or of habeas corpus ad respondedum must be made ex parte on affidavit to a judge in chambers.

• (2) An application for an order to bring up a prisoner, otherwise than by writ of habeas corpus, to give evidence in any cause or matter, civil or criminal, before any court or tribunal must be made ex parte on affidavit to a judge in chambers.

Form of writ

10

A writ of habeas corpus must be as nearly as possible in Form No. 59, 61 or 62 in Appendix A.

ORDER 47 — SEQUESTRATION

PART I — COUNTY COURT APPEALS

Interpretation

1

In this Part “the Order” means the County Courts (Northern Ireland) Order 1980[^f00049].

Lodgment and entry of appeal

2

• (1) The appellant must lodge two copies of the notice of appeal in Form No. 37 in Appendix A in the Central Office within a period of 21 days commencing on the date on which the decree was pronounced in the County Court.

• (2) One of the two copies of the notice of appeal must be duly stamped and endorsed with particulars of service.

• (3) The proper officer shall on Iodgment of the notice of appeal enter the appeal for hearing and send a copy of the notice of appeal lodged under this rule to the Chief Clerk of the court of trial who shall thereupon complete Form 37A in Appendix A and send it to the proper officer together with the original decree appealed against or a certificate as to its nature and effect.

• (4) In a probate suit or any other matter where an original decree appealed from has been entered up in the permanent record books of the county court, an office copy certified by the appropriate officer may be sent to the proper officer of the Central Office instead of the original.

Service of notice of appeal

3

The appellant must, within the period of 21 days mentioned in rule 2(1), serve a copy of the notice of appeal on all parties to the proceedings in the court below who are directly affected by the appeal and, subject to rule 4, it shall not be necessary to serve the notice on parties not so affected.

Directions as to service

4

• (1) A judge may in any case direct that the notice of appeal be served upon any party to the proceedings in the county court on whom it has not been served, or upon any person not a party to those proceedings.

• (2) In any case where a direction is given under this rule the judge may—

• (a) postpone or adjourn the hearing of the appeal for such period and upon such terms as may be just;

• (b) give such judgment and make such order on the appeal as might have been given or made if the person served in pursuance of the direction had originally been a party.

Application to state case treated as notice of appeal

5

• (1) Where—

• (a) any party has applied to a county court judge to state a case under Article 61 of the Order; and

• (b) any other party lodges a notice of appeal against the decree under Article 60 of the Order;

then, unless the parties otherwise agree, the application to state a case under Article 61 of the Order shall have effect as if it were a notice of appeal lodged under rule 2 against the decree.

• (2) Subject to any direction by a judge, service of a copy of the application to state a case on the other party shall be deemed to be service for the purpose of rule 3.

• (3) The proper officer, on the lodgment of the notice of appeal to which this rule applies, shall inform the applicant—

• (a) that a notice of appeal has been lodged under Article 60 of the Order; and

• (b) that unless the parties otherwise agree, his application to state a case shall have effect as if it were a notice of appeal against the decree under Article 60 of the Order.

• (4) The parties shall inform the proper officer, not later than 14 days from the date of the lodgment of the notice of appeal, of any agreement reached between the parties concerning the manner of questioning the decision of the county court judge.

More than one appellant

6

• (1) Where two or more parties each lodge a notice of appeal against the same decree the appeals shall be listed and heard together unless the judge otherwise directs.

• (2) The judge may declare any one or more of the parties appealing to be separately entitled or liable to the costs of such appeal or any part thereof.

Venue

7

The Court may, in accordance with section 58 of the Act, either of its own motion or on the application by summons of any party, direct that an appeal be listed for hearing outside the Royal Courts of Justice.

Lodgment not to be disclosed

8

On the hearing of any appeal, in an action commenced by ordinary civil bill or remitted to the county court, where any money has been paid into the county court, that fact shall not be communicated to the judge until all questions of liability and the amount of the debt or damages have been decided, and the judge, in exercising a discretion as to costs, shall take into account both the fact that the money has been paid into the county court and the amount of such payment.

Stay of enforcement

9

The lodgment of a notice of appeal shall not operate as a stay of enforcement on foot of the decree unless security is given for the costs of the appeal in accordance with directions to be given by the Master.

Withdrawal of appeal

10

• (1) An appellant may withdraw his appeal by—

• (a) lodging a notice of withdrawal with the proper officer in the Central Office at least 2 clear days before the day fixed for the hearing of the appeal;

• (b) serving a copy of the notice of withdrawal at least 2 clear days before the day fixed for the hearing on every other party who was served with a notice of appeal; and

• (c) paying the costs appropriate to such withdrawal.

• (2) Where an appeal is withdrawn or struck out the appeal shall be treated as having been dismissed by the Court.

Striking out an appeal

11

Where an appellant fails to comply with any of the provisions of this Part, any other party may apply to a judge to have the appeal struck out.

Discharge of security, etc.

12

Where the appeal is withdrawn or struck out—

• (a) any security given for costs shall abide the order of the Master; and

• (b) any stay of enforcement under this Part shall stand discharged.

PART II — APPEALS, REFERENCES AND APPLICATIONS UNDER STATUTORY PROVISIONS

Application

13

• (1) Subject to paragraphs (2) and (3), an appeal to the High Court or a Judge thereof pursuant to the provisions of any statutory provision must be brought in accordance with the rules of this Part.

• (2) This Part shall not apply to a county court appeal or an appeal by way of case stated.

• (3) The following rules of this Part shall, in relation to an appeal to which this Part applies, have effect subject to any provision made in relation to that appeal by any other provisions of these Rules or by or under any statutory provision.

Notice and entry of appeal

14

• (1) Every appeal must be brought by originating motion entitled in the matter of the relevant statute and shall specify the grounds upon which the appellant relies.

• (2) The appellant must, within 21 days from receiving notice of the judgment, order, decree, decision, determination or award against which he appeals, issue the notice of motion and enter the appeal for hearing in the office of the Division to which the subject-matter of the appeal is assigned.

Service of notice of motion

15

• (1) The appellant, on entering the appeal for hearing must within 21 days mentioned in rule 14, serve a copy of the notice of motion personally, or by sending it by prepaid post to every person affected by the appeal.

• (2) The Court may direct that the notice of appeal be served upon such other person or persons in such manner as it may direct.

Appeal books

16

The appellant must, not later than 7 days after entering the appeal for hearing, lodge in the appropriate office one appeal book (unless the Master directs a different number) containing the following documents, namely—

• (a) the notice of motion;

• (b) the judgment, order, decree, decision; determination or award appealed against;

• (c) in the case of a reference, the reference;

• (d) the legal aid certificate, if any;

• (e) any other documents relevant to the appeal.

Application for leave to appeal

17

In any case where leave to appeal is required application for such leave may be made ex parte to a judge in the first instance.

Security for costs in tax cases

18

In any appeal against the imposition of a tax or duty, the respondent may apply to a judge by motion on notice for an order staying the proceedings until the appellant shall pay into court or give security for the sum in dispute; and such order may be made therein as the judge may think fit.

References

19

The rules of this Part shall apply mutatis mutandis to any case not otherwise provided for where by any statutory provision for the time being in force any matter or question, whether of law or of fact, may be submitted or referred to the court for its opinion thereon.

Applications

20

Any application under the provisions of any statutory provision; not otherwise provided for (other than an application by way of appeal or reference) may be brought in the manner in which appeals may be brought under the foregoing rules of this Part.

Copies of orders

21

The proper officer shall send a copy of any final order made under this Part to the court or tribunal concerned in the decision.

Application of Order 59

22

The provisions of Order 59, rule 10 shall apply to an appeal or reference under this Part.

ORDER 48 — EXAMINATION OF PARTY LIABLE TO SATISFY JUDGMENT

Proceedings on case stated

1

• (1) Subject to the provisions of any statutory provision or of these Rules, the party (hereinafter called “the applicant”) at whose instance a case has been stated by a court, tribunal or person on a point of law for the opinion of the High Court must, within 14 days after receiving it—

• (a) enter the appeal for hearing by lodging the case stated with a duly stamped requisition for hearing in the Central Office;

• (b) serve a copy of the case stated with the date of such entry endorsed thereon upon every other party to the appeal.

• (2) Where a case may be stated for the opinion of the High Court under the provisions of any statutory provision and in so far as it makes no provision as to the procedure for stating and sending the case to the applicant then—

• (a) the requisition to state the case must be lodged with the court, tribunal or person within 6 weeks commencing on the day the decision complained of was sent to the applicant; and

• (b) the case must be settled by the court, tribunal or person and sent to the applicant within a period of 6 weeks commencing on the day the requisition was received.

Appeal books

2

The applicant after entering an appeal for hearing must within 14 days lodge in the appropriate office an appeal book (unless the master otherwise directs) containing the following documents, namely—

• (a) the requisition to state a case;

• (b) the case stated;

• (c) the legal aid certificate (if any);

• (d) any other documents which may be relevant to the appeal.

Signing of case stated

3

A case stated by a tribunal must be signed by the chairman as president of the tribunal and a case stated by any other person must be signed by him or by a person authorised in that behalf to do so.

Withdrawal of case stated

4

• (1) The applicant or any other person having carriage of the appeal may at any time before the date fixed for hearing apply to the court by motion on notice to withdraw the appeal.

• (2) On the hearing of an application to withdraw an appeal any other party may apply to proceed with the appeal in the place of the applicant.

Copies of orders

5

The proper officer shall send a copy of any final order made under this Order to the court or tribunal concerned in the decision.

ORDER 49

Custody of records

1

The Master (Queen's Bench and Appeals) shall have the care and custody of the records and other proceedings on the Crown Side.

[E.r. 6]

Affidavits

2

Affidavits used on the Crown Side shall be intituled "In the High Court of Justice in Northern Ireland, Queen's Bench Division, Crown Side".

Estreat of recognizances

3

• (1) Every recognizance acknowledged in or removed into the Queen's Bench Division must be filed in the Crown Office.

• (2) No recognizance shall be estreated without the order of a judge.

• (3) Every application to estreat a recognizance in the Queen's Bench Division must be made by summons to a judge in chambers and must be supported by an affidavit showing in what manner the breach has been committed and proving that the summons was duly served.

• (4) A summons under this rule must be served at least 2 clear days before the day named therein for the hearing.

• (5) On the hearing of the application the judge may, and if requested by any party shall, direct any issue of fact in dispute to be tried by a jury.

• (6) If it appears to the judge that a default has been made in performing the conditions of the recognizance, the Judge may order the recognizance to be estreated.

Issue of writs

4

• (1) All writs on the Crown Side shall be issued out of the Crown Office.

• (2) Every writ must be filed in the Crown Office together with the return thereto and a copy of any order made thereon.

[E.r. 5]

Issue of motions

5

• (1) Every motion in proceedings on the Crown Side must be issued out of the Crown Office.

• (2) The party entering the motion for hearing must lodge in the Crown Office copies of the documents in the proceedings for the use of the Court at least 7 days before the day fixed for the hearing.

ORDER 50 — FUNDS IN COURT: STOP ORDER

Appeals from certain decisions of masters, etc., to judge in chambers

1

• (1) Without prejudice to Order 44, rule 23, and except as provided by rules 2 and 3, an appeal shall lie to a judge in chambers from any judgment, order or decision of a master, or of a circuit registrar in the exercise of any probate jurisdiction.

• (2) The appeal shall be brought by serving on every other party to the proceedings in which the judgment, order or decision was given or made a notice to attend before the judge on a day specified in the notice.

• (3) Unless the Court otherwise orders, the notice must be issued within 5 days after the judgment, order or decision appealed against was given or made and served not less than 2 clear days before the day fixed for hearing the appeal.

• (4) Except so far as the Court may otherwise direct, an appeal under this rule shall not operate as a stay of the proceedings in which the appeal is brought.

[E.r. 1]

Appeals from certain decisions of the Master (Queen's Bench and Appeals)

2

An appeal shall lie to the Court of Appeal from any judgment, order or decision of the Master (Queen's Bench and Appeals) given or made—

• (a) on the hearing or determination of any cause, matter, question or issue tried before or referred to him under Order 36, rule 1, or

• (b) on an assessment of damages under Order 37 or otherwise.

[E.r. 2]

Appeals from certain decisions of the Master (Chancery)

3

An appeal shall lie to the Court of Appeal from any judgment, order or decision of the Master (Chancery) given or made on the hearing or determination of any cause; matter, question or issue ordered to be tried before him under Order. 36, rule 1.

[E.r. 3]

Appeal from a judge in chambers

4

Subject to section 35 of the Act (which restricts appeals), and without prejudice to section 44 of the Act (which provides for an appeal in cases of contempt of court), an appeal shall lie to the Court of Appeal from any judgment, order or decision of a judge in chambers.

[E.r. 7]

Appeal from judgment, etc., of judge in interpleader proceedings

5

• (1) Any judgment, order or decision of a judge given or made in summarily determining under Order 17, rule 3(2)(a) or (b), any question at issue between claimants in interpleader proceedings shall be final and conclusive against the claimants and all persons claiming under them unless leave to appeal to the Court of Appeal is given by the judge or the Court of Appeal.

• (2) Where an interpleader issue is tried by a judge (with or without a jury), an appeal shall lie to the Court of Appeal, without the leave of the judge or that Court, from any judgment, order or decision given or made by the judge on the trial.

• (3) The time within which notice of appeal under this rule must be served shall be the same as in the case of an appeal from an interlocutory order.

[E.r. 8]

ORDER 51

Application of Order to appeals

1

This Order applies, subject to the provisions of these Rules with respect to particular appeals, to every appeal to the Court of Appear (including, so far as it is applicable thereto, any appeal to that Court from a master or from any tribunal from which an appeal lies to that Court) not being an appeal for which other provision is made by these Rules or by any other statutory provision.

[E.r. 1]

Application of Order to applications for new trial

2

This Order (except so much of rule 3(1) as provides that an appeal shall be by way of rehearing and except rule 11(1)) applies to an application to the Court of Appeal for a new trial or to set aside a verdict, finding or judgment after trial with or without a jury, as it applies to an appeal to that Court, and references in this Order to an appeal and to an appellant shall be construed accordingly.

[E.r. 2]

GENERAL PROVISIONS AS TO APPEALS

Notice of appeal

3

• (1) An appeal to the Court of Appeal shall be by way of rehearing and must be brought by motion, and the notice of the motion is referred to in this Order as “notice of appeal”.

• (2) Notice of appeal may be given either in respect of the whole or in respect of any specified part of the judgment or order of the court below; and every such notice must specify the grounds of the appeal and the precise form of the order which the appellant proposes to ask the, Court of Appeal to make.

• (3) Except with the leave of the Court of Appeal, the appellant shall not be entitled on the hearing of an appeal to rely on any grounds of appeal, or to apply for any relief, not specified in the notice of appeal.

• (4) A notice of appeal must be served on all parties to the proceedings in the court below who are directly affected by the appeal; and, subject to rule 8, it shall not be necessary to serve the notice on parties not so affected.

• (5) No notice of appeal shall be given by a respondent in a case to which rule 6(1) relates.

[E.r. 3]

Time for appealing

4

• (1) Subject to the provisions of this rule, every notice of appeal must be served under rule 3(4) within the following period (calculated from the date on which the judgment or order of the court below was filed), that is to say:—

• (a) in the case of an appeal from an interlocutory order or from a judgment or order given or made under Order 14 or Order 86, 21 days;

• (b) in the case of an appeal from an order or decision made or given in the matter of the winding up of a company, or in the matter of any proceedings under the Bankruptcy Acts (Northern Ireland) 1857 to 1980, 21 days;

• (c) in any other case, 6 weeks.

• (2) Where a summons to vary or discharge a certificate and the further consideration of an action are heard together, and an order is made on both, notice of appeal in respect of the order made on the summons may be served at any time before the expiration of the period within which notice of appeal could be served in respect of the order made on further consideration.

• (3) In the case of an appeal from a decision in respect of which a certificate bas been granted under section 12 of the Administration of Justice Act 1969[^f00050] the period referred to in paragraph (1) shall be calculated from the end of the time during which, in accordance with section 13(5) of that Act, no appeal lies to the Court of Appeal.

[E.r. 4]

Setting down appeal

5

• (1) The appellant must, within 7 days after service of the notice of appeal, or within such further time as the Master (Queen's Bench and Appeals) may allow, enter the appeal for hearing by lodging in the Central Office

• (a) 2 copies of the notice of appeal, of which one copy must be duly stamped and endorsed with particulars of service;

• (b) a copy of the judgment or order of the court below.

• (2) Upon the appeal being entered it shall be listed for hearing not earlier than the date named in the notice or appeal, unless an earlier date is fixed at the request and with the written consent of both the appellant and the respondent.

Respondent's notice

6

• (1) A respondent who, having been served with a notice of appeal, desires—

• (a) to contend on the appeal that the decision of the court below should be varied, either in any event or in the event of the appeal being allowed in whole or in part, or

• (b) to contend that the decision of the court below should be affirmed on grounds other than those relied upon by that court, or

• (c) to contend by way of cross-appeal that the decision of the court below was wrong in whole or in part,

must give notice to that effect, specifying the grounds of his contention and, in a case to which paragraph (a) or (c) relates, the precise form of the order which he proposes to ask the Court to make.

• (2) Except with the leave of the Court of Appeal, a respondent shall not be entitled on the hearing of the appeal to apply for any relief not specified in a notice under paragraph (1) or to rely, in support of any contention, upon any ground which has not been specified in such a notice or relief upon by the court below.

• (3) Any notice given by a respondent under this rule (in this Order referred to as a "respondent's notice") must be served on the appellant, and on all parties to the proceedings in the court below who are directly affected by the contentions of the respondent, and must be served—

• (a) where the notice of appeal related to an interlocutory order, within 7 days, and

• (b) in any other case, within 21 days,

after the service of the notice of appeal on the respondent.

• (4) A party by whom a respondent's notice is given must, within 2 days after service of the notice, furnish two copies of the notice to the proper officer in the Central Office;

[E.r. 6]

Amendment of notice of appeal and respondent's notice

7

A notice of appeal or respondent's notice may be amended by or with the leave of the Court of Appeal, at any time.

[E.r. 7]

Directions of the Court as to service

8

• (1) The Court of Appeal may in any case direct that a notice of appeal or respondent's notice be served on any party to the proceedings in the court below on whom it has not been served, or on any person not party to those proceedings.

• (2) The Court of Appeal may in any case where it gives a direction under this rule—

• (a) postpone or adjourn the hearing of the appeal for such period and on such terms as may be just, and

• (b) give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.

[E.r. 8]

Documents to be lodged by appellant

9

• (1) Not less than 7 days before the appeal is likely to be listed for hearing the appellant must cause to be lodged in the Central Office the number of copies for which paragraph (2) provides of each of the following documents, namely—

• (a) the notice of appeal;

• (b) the respondent's notice;

• (c) the judgment or order of the court below;

• (d) the pleadings (including particulars), if any, and, in the case of an appeal in an Admiralty cause or matter, the preliminary acts, if any;

• (e) the transcript of the official shorthand note, if any, of the judgment or order of the court below or, in the absence of such a note, the judge's note of his reasons for giving the judgment or making the order;