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

• (6) Where in any proceedings to which this rule applies directions given by the Court under Order 80, rule 10, provide for the transfer or payment of money to or into county court for the payment to the solicitor of any plaintiff in the proceedings of an amount in respect of costs out of the money so transferred or paid, the Taxing Master shall send a copy of his certificate to the county court.

• (7) Nothing in this rule shall prejudice the power of the Court to order the payment of a specified gross sum for costs as part of the terms upon which the settlement of the claim is approved.

• (8) The foregoing provisions of this rule shall apply in relation to—

• (a) a counterclaim by or on behalf of a person who is a minor or incapable, by reason of mental disorder within the meaning of the Mental Health Act (Northern Ireland) 1961; of managing and administering his property and affairs and a counterclaim consisting of or including a claim under the Fatal Accidents (Northern Ireland) Order 1977 by or on behalf of the widow of the person whose death gave rise to the claim, and

• (b) a claim made by or on behalf of a person who is an infant or incapable as aforesaid ill an action by any other person for relief under section 504 of the Merchant Shipping Act 1894⁶³; and a claim consisting of or including a claim under the Fatal Accidents (Northern Ireland) Order 1977 made by or on behalf of that widow in such an action;

as if for references to a plaintiff there were substituted references to a defendant.

[E.r. 30]

Costs payable to a trustee out of the trust fund, etc.

33

• (1) This rule applies to every taxation of the costs which a person who is or has been a party to any proceedings in the capacity of trustee or personal representative is entitled to be paid out of any fund which he holds in that capacity.

• (2) On any taxation to which this rule applies, no costs shall be disallowed except in so far, as those costs or any part of their amount should not, in accordance with the duty of the trustee or personal representative as such, have been incurred or paid, and should for that reason be borne by him personally.

[E.r. 31]

Scales of costs

34

• (1) Subject to the foregoing rules and the following provisions of this rule, the scale of costs contained in Appendix 2 to this Order, together with the notes and general provisions contained in that Appendix, shall apply to the taxation of all costs incurred in relation to contentious business done on or after 1st January 1981.

• (2) On a taxation in relation to which rule 31 or rule 33(2) has effect and in other special cases costs may at the discretion of the Taxing Master be allowed—

• (a) in relation to items not mentioned in the said scale; or

• (b) of an amount higher than that prescribed by the said scale.

• (3) Where the amount of a solicitor's remuneration in respect of non-contentious business connected with sales, purchases, leases, mortgages and other matters of conveyancing or in respect of any other non-contentious business is regulated (in the absence of agreement to the contrary) by any general orders for the time being in force under the Solicitors (Northern Ireland) Order 1976, the amount of the costs to be allowed on taxation in respect of the like contentious business shall be the same, notwithstanding anything in the scales contained in Appendix 2 to this Order.

• (4) Notwithstanding paragraph (1), costs shall, unless the Court otherwise orders, be allowed in the cases to which Appendix 3 to this Order applies in accordance with the provisions of that Appendix.

[E.r. 32]

REVIEW

Application to Taxing Master for review

35

• (1) Any party to any taxation proceedings who is dissatisfied with the allowance or disallowance in whole or in part of any item by the Taxing Master, or with the amount allowed by the Taxing Master in respect of any item, may apply to the Taxing Master to review his decision in respect of that item.

• (2) An application under this rule for review of the Taxing Master's decision may be made at any time within 14 days after that decision.

Provided that no application under this rule for review of a decision in respect of any item, may be made after the signing of the Taxing Master's certificate dealing finally with that item.

• (3) Every applicant for review under this rule must at the time of making his application deliver to the Taxing Master objections in writing specifying by a list the items or parts of items the allowance or disallowance of which or the amount allowed in respect of which, is objected to and stating concisely the nature and grounds of the objection in each case, and must deliver a copy of the objections to each other party (if any) who attend on the taxation of those items or to whom the Taxing Master directs that a copy of the objections shall be delivered

• (4) Any party to whom a copy of the objections is delivered under this rule may, within 14 days after delivery of the copy to him or such shorter period as may be fixed by the Taxing Master, deliver to the Taxing Master answers in writing to the objections stating concisely the grounds on which he will oppose the objections, and must at the same time deliver a copy of the answers to the party applying for the review and to each other party (if any) to whom a copy of the objections has been delivered or to whom the Taxing Master directs that a copy of the answers shall be delivered.

• (5) An application under this rule for review of the Taxing Master's decision in respect of any item shall not prejudice the power of the Taxing Master under rule 16 to issue an interim certificate in respect of items his decision as to which is not objected to.

[E.r. 33]

Review by Taxing Master

36

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

• (2) On a hearing of a review under rule 35 a party to whom a copy of objections was delivered under paragraph (4) of that rule shall be entitled to be heard in respect of any item to which the objections relate notwithstanding that he did not deliver written answers to the objections under that paragraph.

• (3) The Taxing Master who has reviewed a decision in respect of any item shall issue his certificate accordingly and, if requested to do so by any party to the proceedings before him, shall state in his certificate or otherwise in writing by reference to the objections to that decision the reasons for bis decision on the review, and any special facts or circumstances relevant to it.

A request under this paragraph must be made within 14 days after the review.

[E.r. 34]

Review of Taxing Master's certificate by a judge

37

• (1) Any party who is dissatisfied with the decision of the Taxing Master to allow or disallow any item in whole or in part on review under rule 36, or with the amount allowed in respect of any item by the Taxing Master on any such review, may apply to a judge for an order to review the taxation as to that item or part of an item if, but only if, one of the parties to the proceedings before the Taxing Master requested him in accordance with rule 36(3) to state the reasons for his decision in respect of that item or part on the review.

• (2) An application under this rule for review of the Taxing Master's decision in respect of any item may be made at any time within 14 days after the Taxing Master's certificate in respect of that item is signed, or such longer time as the Taxing Master at the time when he signs the certificate, or the Court at any time, may allow.

• (3) An application under this rule shall be made by summons and shall, except where the judge thinks fit to adjourn into court, be heard in chambers.

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

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

• (6) In this rule “judge” means a judge in person.

[E.r. 35]

APPENDIX 1 — REQUISITE DOCUMENT FOR PURPOSES OF RULE 20

1

Where a party is entitled to require any costs to be taxed by virtue of a judgment or order given or made in proceedings in the Supreme Court or by virtue of a direction of the Court given under these Rules, the requisite document for the purposes of rule 20 is the judgment, order or direction, as the case may be.

2

Where a party is entitled by virtue of rule 10 to require any costs to be taxed, the requisite document for the purposes of rule 20 is—

• (a) where he is so entitled by virtue of rule 10(1), the notice given to him under Order 21, rule 2;

• (b) where he is so entitled by virtue of rule 10(2) or (3), a certified copy of the notice given by him under Order 22, rule 3.

3

Where a party is entitled to require taxation by the Taxing Master of the costs directed by an award made on an arbitration under any statutory provision or pursuant to an arbitration agreement to be paid and no order of the Court for the enforcement of the award has been made, the requisite document for the purposes of rule 20 is the award.

4

Where a party is entitled to require taxation by the Taxing Master of any costs directed to be taxed or paid by an order, award or other determination of a tribunal or other body constituted by or under any statutory provision, the requisite document for the purposes of rule 20 is the order, award or other determination, as the case may be.

5

Where a party is entitled by virtue of rule 3(13) to require any costs to be taxed, the requisite document for the purposes of rule 20 is a copy of the notice given by him pursuant to rule 3(13).

[E. App. 1]

APPENDIX 2 — SCALE OF COSTS

PART 1 — PREPARATION OF DOCUMENTS

Note. The following items shall not apply to any cause or matter to which Part 2 or 5 applies.

Item

1 Institution of proceedings: a Preparing, issuing, filing and service of writ of summons, including statement of claim indorsed thereon, originating summons, notice of originating motion, or third party notice £4-£14 b Preparing, presenting, and issuing any petition, case or special case stated Discretionary c Preparing and issuing concurrent writ of summons or originating summons, renewing writ of summons or originating summons £3

2 Interlocutory proceedings and proceedings in chambers: Preparing, issuing, filing and service of any summons or application or notice of motion (other than an originating motion), notice of interlocutory appeal £2-£14

3 Other Documents: Preparing (including where necessary filing, serving or delivering) any document not otherwise provided for, including— a any documents to renew a writ of summons or originating summons, to amend any document or to obtain an order for substituted service or giving leave to serve out of the jurisdiction, b statement of claim, if not indorsed on writ, and other pleadings, answer to petition, particulars of pleadings, requests for such particulars, interrogatories, affidavits and lists of documents, notice to produce, admit or inspect documents and amendments to any documents, c any affidavit or other document for use in connection with items 1 or 2, d any brief to counsel or case to counsel to advise in writing or in conference, e any instructions to counsel to settle any document except where an allowance for the preparation of that document is recoverable under items 1, 2 or 3 for first 5 A4 pages £3 per page (or proportionately) for each A4 page thereafter £1 (or proportionately)

Note: Items 1, 2 and 3 include engrossing and one copy for service. Any additional copies required are to be charged under item 4. Item 3(a) and (e) include the copy for counsel.

4

Copy documents:

• (a) Typed top copy

A5 (quarto)	20p per page
A4 (foolscap)	35p per page
A3 (brief)	50p per page

• (b) Photographic, printed and carbon copies

A5 and A4	15p per page
A3	30p per page

PART 2 — BLOCK ALLOWANCE

5

In any action for damages for personal injuries, and, subject to Part 5, in any other cause or matter as the party entitled to receive the costs may elect, a block allowance shall be made in place of the items prescribed in Part 1 unless, in any such case, the Taxing Master otherwise directs; and the allowance shall be £20—£100

PART 3 — ATTENDANCES

6

Interlocutory attendances: Attending the hearing of any summons or other application at court or in chambers or elsewhere, attending to settle draft minutes or any order in the Chancery Division; attending to draw up and enter any order or judgment, attending to obtain appointment to examine witnesses and attending on such appointment £2—£17

7

Counsel: Attending counsel in consultation or conference including attending to appoint the same

for each half hour or part thereof	£4

8

Trial or hearing: Attending the trial or hearing of a cause or matter, or an appeal from an interlocutory or final order or judgment, or to hear a deferred judgment

per day or part of a day	£5-£21

9

Accountant General: Attendance at Courts Funds Office or at the Bank of Ireland for any necessary purpose, including, the preparation of certificate Discretionary

PART 4 — PREPARATION FOR TRIAL

10

Instructions for trial or hearing of any cause or matter, whatever the mode of trial or hearing, or for the hearing of any appeal

Discretionary

Note to item 10

This item is intended to cover:—

• (a) the doing of any work not otherwise provided for and which was properly done in preparing for the trial, hearing or appeal, or before a settlement of the matters in dispute, including—

• (i) the client: taking instructions to sue, defend, counterclaim, appeal or oppose etc.; attending upon and corresponding with client;

• (ii) Witnesses: interviewing and corresponding with witnesses and potential witnesses, taking and preparing proofs of evidence and, where appropriate, arranging attendance at Court, including issue of subpoena;

• (iii) Expert evidence: obtaining and considering reports or advice from experts and plans, photographs and models; where appropriate arranging their attendance at Court, including issue of subpoena;

• (iv) Inspections: inspecting any property or place material to the proceedings;

• (v) Searches and Inquiries: making searches in the Public Record Office and elsewhere for relevant documents; searches in the Companies Registry and similar matters;

• (vi) Special damages: obtaining details of special damages and making or obtaining any relevant calculations;

• (vii) Other parties: attending upon and corresponding with other parties or their solicitors;

• (viii) Discovery: Perusing, considering or collating documents for affidavit or list of documents; attending to inspect or produce for inspection any documents required to be produced or inspected by Order of the court or by virtue of Order 24;

• (ix) Documents: Consideration of pleadings, affidavits, cases and instructions to and advice from counsel, any law involved and any other relevant documents, including collating;

• (x) Negotiations: Work done in connection with negotiations with a view to settlement;

• (xi) Agency: Correspondence with and attendance upon or other work done by agents;

• (xii) Interest: Where relevant the calculation of interest on damages;

• (xiii) Notices: Preparation and service of miscellaneous notices, including notices to witnesses to attend court.

• (b) The general care and conduct of the proceedings.

Note: The sums sought under each sub-paragraph (i) to (xiii) of paragraph (a) should be shown separately against each item followed by the total of all items under paragraph (a); the sum charged under paragraph (b) should be shown separately; and the total of the items under (a) and (b) should then follow.

PART 5 — ADMIRALTY

11

(a) Obtaining arrest or release of property	(a) Obtaining arrest or release of property	£9
(b) Entry or withdrawal of any caveat	(b) Entry or withdrawal of any caveat	£2
(c) Obtaining bail or guarantee or undertaking in lieu of bail	(c) Obtaining bail or guarantee or undertaking in lieu of bail	£5
(d) Giving bail	(i) one surety	£10
(d) Giving bail	(ii) two sureties	£11

Note to item 11(d)

This item includes drawing the bail bond, affidavits and other documents required in connection with the giving of bail and any attendances required to procure the signing of the bond, the swearing of any such affidavit and the service of any such document.

(e) Giving guarantee or undertaking in lieu of bail	£6

Note to item 11(e)

This item includes preparing the guarantee or undertaking and any atttendances required to procure the signing and stamping thereof.

(f) Issuing commission of appraisement or appraisement and sale	£5
(g) Lodging a preliminary act	Discretionary

Note to items 11(a) to 11(g)

These items include where applicable the preparation, filing, lodging, service and perusal of documents; the swearing of any affidavit; the obtaining or giving of consent and the provision of any undertaking in writing to the Marshal

(h) Attendance at the Marshal's Office not otherwise provided for	£2

PART 6 — TAXATION OF COSTS

12

• (a) Taxation

Obtaining the reference, preparing bill of costs and copies and attending to lodge; attending taxation; vouching and completing bill; paying taxing fee and lodging for certificate or order

Discretionary

• (b) Review

Preparing and delivering objections to decision on taxation; or answers to objections, including copies for service and lodging, considering opponent's answers or objections, as the case may be, attending hearing of review Discretionary

[E. App. 2]

REGULATIONS

Discretionary costs

1

• (1) Where in the foregoing provisions of this Appendix there is entered against any item either an upper and a lower sum of money or the word “Discretionary”, the amount of costs to be allowed in respect of that item shall (subject to rule 27 and any order of the Court fixing the costs to be allowed) be in the discretion of the Taxing Master, within the limits of the sums so entered, if any.

• (2) In exercising his discretion under this paragraph or under rule 34(2) in relation to any item, the Taxing Master shall have regard to all relevant circumstances, and in particular to—

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

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

• (c) the number and importance of the documents (however brief) prepared or perused;

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

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

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

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

[E. App. 2 Part X para. 1]

Fees to counsel

2

• (1) Except in the case of taxations under the Legal Aid and Advice Act (Northern Ireland) 1965, no fee to counsel shall be allowed unless before the Taxing Master issues his certificate a receipt for the fees signed by counsel is produced to him.

• (2) No retaining fee to counsel shall be allowed on any taxation of costs in relation to which rule 27(2) has effect.

• (3) The costs in respect of one counsel attending before a judge in chambers may be allowed, unless the judge otherwise directs.

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

• (5) A refresher fee, the amount of which shall be in the discretion of the Taxing Master, shall be allowed to counsel, either for each period of five hours (or part thereof), after the first, during which a trial or hearing is proceeding or, at the discretion of the Taxing Master, in respect of any day, after the first day, on which the attendance of counsel at the place of trial is necessary.

[E. App. 2 Part X para. 2]

Consultations

3

On a taxation pursuant to rule 27(2) the costs of a consultation with counsel prior to the settlement of the statement of claim or defence, as the case may be, may be allowed in cases of difficulty or importance.

Items to be authorised, certified, etc.

4

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

• (2) The costs of calling an expert witness with regard to any question as to which a scientific adviser is appointed under Order 104, rule 11, shall not be allowed on a taxation of costs in relation to which rule 27(2) or (3) has effect unless the Court at the trial has certified that the calling of the witness was reasonable.

• (3) If any action or counterclaim for the infringement of a patent or any petition for revocation of a patent under section 32 of the Patents Act 1949 or any counterclaim for the revocation of a patent under section 61 of that Act, proceeds to trial, no costs shall be allowed to the parties serving any particulars of breaches or particulars of objection in respect of any issues raised in those particulars and relating to that patent except in so far as those issues or particulars have been certified by the Court to have been proven or to have been reasonable and proper.

[E. App. 2 Part X para. 4]

Certificate of Court to be taken into account

5

Where on any heating in chambers in the Chancery Division the Court certifies that the speedy and satisfactory disposal of the proceedings required and received from the solicitor engaged in them exceptional skill and labour in the preparation for the hearing, the Taxing Master in taxing the costs to be allowed for instructions in relation to the summons or application shall take the certificate into account.

[E. App. 2 Part X para. 5]

Copies of documents

6

• (1) There shall be allowed for printing copies of any document the amount properly paid to the printer; and where any part of a document is properly printed in a foreign language or as a facsimile or in any unusual or special manner, or where any alteration becomes necessary after the first proof of the document, there shall be allowed such an amount as the Taxing Master thinks reasonable, such amount to include any attendances on the printer.

• (2) The solicitor for a party entitled to take printed copies of any documents shall be allowed the amount he pays for such number of copies as he necessarily or properly takes.

• (3) The allowances under this Appendix for preparing any writ, pleading, summons, affidavit or other document shall be taken to include an allowance—

• (a) for preparing any necessary copies up to four in number but in reckoning such number no account shall be taken of brief copies or copies for the client;

• (b) for drawing, engrossing and completing and attendance on the client or other person to sign, execute or deliver;

• (c) for attending on counsel in connection therewith or on any officer of the Court to issue, file, lodge or bespeak.

[E. App. 2 Part X para. 7]

Allowances to expert witnesses

7

The allowances which may be made to expert witnesses shall include—

• (a) a fee for attending at and time spent travelling to and from Court;

• (b) travelling and subsistence expenses necessarily incurred;

• (c) a reasonable fee for qualifying to give evidence;

• (d) a reasonable fee for attending at one pre-trial consultation held after the close of pleadings and prior to the day of the hearing or trial provided—

• (i) that the case is one which having regard to the amount recovered or paid in settlement, or the relief awarded, could not have been brought in the county court or a judge has certified that it was fit to be tried in the High Court, and

• (ii) that the senior or only counsel has certified that such attendance was necessary.

Uncompleted work

8

Where for any reason all the work contemplated by any of the items in this Appendix has not been completed an appropriate proportionate allowance shall be made.

APPENDIX 3 — FIXED COSTS

PART 1 — COSTS ON RECOVERY OF A LIQUIDATED SUM WITHOUT TRIAL

1

The scale of costs following paragraph 2 of this Part of this Appendix shall apply in relation to the following cases if the writ of summons therein was issued on or after 1st January 1981 and was indorsed in accordance with Order 6, rule 2(1)(b), with a claim for a debt or liquidated demand only of £350 upwards, that is to say—

• (a) cases in which the defendant pays the amount claimed or a sum of not less than £350 within the time and in the manner required by the indorsement of the writ;

• (b) cases in which the plaintiff obtains judgment in default of appearance under Order 13, rule 1, or under that rule by virtue of Order 83, rule 4, or judgment in default of defence under Order 19, rule 2, being in any case judgment for a sum of £350 or upwards;

• (c) cases in which the plaintiff obtains judgment under Order 14, for a sum of £350 or upwards; either unconditionally or unless that sum is paid into court or to the plaintiff's solicitors.

2

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

• (i) if the amount recovered is less than £1,200, the fee payable on an ordinary civil bill process in the county court for that amount, and

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

		Amount to be allowed in cases under the following sub-paragraphs of paragraph 1 of this Appendix	Amount to be allowed in cases under the following sub-paragraphs of paragraph 1 of this Appendix	Amount to be allowed in cases under the following sub-paragraphs of paragraph 1 of this Appendix
		(a)	(b)	(c)
		£ p	£ p	£ p
If the amount recovered is :—	If the amount recovered is :—
	not less than £350 but less than £1,000
	(i) where the writ was served by post	9.25	12.25	15.25
	(ii) where the writ was served on the defendant personally	10·00	13·00	16·00
	not less than £1,000 but less than £1,200
	(i) where the writ was served by post	13.40	18.40	24.40
	(ii) where the writ was served on the defendant personally	15.00	20.00	26.00
	not less than £1,200	17.25	27.50	40.85
		Amount to be allowed where the amount recovered is—	Amount to be allowed where the amount recovered is—
		(i)	(ii)
		not less than £350 but less than £1,200	not less than £1,200
		£ p	£ p
(1) Where there is more than one defendant, in respect of each additional defendant served	(1) Where there is more than one defendant, in respect of each additional defendant served	1·00	2·05
(2) Where substituted service is ordered and effected, in respect of each defendant served	(2) Where substituted service is ordered and effected, in respect of each defendant served	3·50	7·75
(3) Where the plaintiff's solicitor has no place of business within 5 miles of the Royal Courts of Justice, or where he has a place of business within that area but any defendant is served outside that area	(3) Where the plaintiff's solicitor has no place of business within 5 miles of the Royal Courts of Justice, or where he has a place of business within that area but any defendant is served outside that area	1·00	2·05
(4) Where service outside the jurisdiction is ordered and effected, in the case of service—	(4) Where service outside the jurisdiction is ordered and effected, in the case of service—
	(a) in England and Wales, Scotland, the Isle of Man or the Channel Islands	8·00	11·15
	(b) in any other place out of the jurisdiction	12·00	17·20
(5) In the case of judgment in default of defence or judgment under Order 14, where notice of appearance is not given on the day on which appearance is entered, and the plaintiff makes an affidavit of service for the purpose of a judgment in default of appearance (the allowance to include the service)	(5) In the case of judgment in default of defence or judgment under Order 14, where notice of appearance is not given on the day on which appearance is entered, and the plaintiff makes an affidavit of service for the purpose of a judgment in default of appearance (the allowance to include the service)	1·25	3·40
(6) In the case of judgment under Order 14 where an affidavit of service of the summons is required	(6) In the case of judgment under Order 14 where an affidavit of service of the summons is required	1·25	3·40
(7) In the case of judgment under Order 14 for each adjournment of the summons	(7) In the case of judgment under Order 14 for each adjournment of the summons	1·25	2·05
	Costs to be allowed
£ p
(8) Where the amount recovered is not less than £1,200 and there is no available solicitor carrying on business within 2 miles of the place where the defendant is served, a mileage allowance in respect of each mile after the first two miles between that place and the nearest place of business of an available solicitor	0·15

PART 2 — COSTS ON JUDGMENT WITHOUT TRIAL FOR POSSESSION OF LAND

1

• (1) Where the writ of summons is indorsed with a claim for the possession of land and the plaintiff obtains judgment—

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

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

• (c) under Order 14,

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

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

2

The costs to be allowed under this Part of this Appendix shall be the costs which would be allowed under Part I (together with the fee paid on the writ) if judgment had been obtained in the same circumstances, that is to say, in default of appearance or defence or under Order 14, but the writ has been indorsed with a claim for a debt or liquidated demand only of £350 or upwards and judgment for not less than £350 but less than £1,200 had been obtained.

PART 3 — MISCELLANEOUS

1

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

Costs of the judgment	£2·15

2

Where a certificate of a judgment or decree is registered in the High Court in the Register for English Judgments or the Register for Scottish Judgments under the Judgments Extension Act 1868, within 12 months of the date of the judgment and without an order, there shall be allowed—

Costs of registration	£9·45

3

Where proceedings are taken pursuant to Order 111, there shall be marked on the judgment summons in respect of the cost thereof £5·00

[E. App. 3]

APPENDIX 4 — NON-CONTENTIOUS PROBATE COSTS

1

For work done in respect of business to which the provisions of this Appendix apply a solicitor shall be entitled to charge and be paid such sums as may be fair and reasonable having regard to, all the circumstances of the case and in particular to—

• (1) the complexity of the matter or the difficulty or novelty of the questions raised;

• (2) the skill, labour; specialised knowledge and responsibility involved on the, part, of the solicitor;

• (3) the number and importance of the documents prepared or perused, without regard to length;

• (4) the place where and circumstances in which the business or any part thereof is transacted;

• (5) the time expended by the solicitor;

• (6) the nature and value of the property involved;

• (7) the importance of the matter to the client.

2

The provisions of this Appendix apply to all non-contentious or common form probate business for which instructions are accepted on or after 1st January 1981.

APPENDIX 5

FORM 1

FORM OF APPLICATION FOR TAXATION OF A BILL OF COSTS ALREADY DELIVERED

(rule 12(4))

FORM 2

FORM OF APPLICATION FOR DELIVERY OF A BILL OF COSTS AND FOR TAXATION OF A BILL OF COSTS SO DELIVERED

(rule 12(4))

JUDICIAL REVIEW, APPEALS ETC.

ORDER 53 — APPLICATIONS FOR JUDICIAL REVIEW

[No Order made]

[ ORDER 53A — APPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

Sittings of Supreme Court

1

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

• (a) the Michaelmas sittings which shall begin on 5th September and end on 21st December, subject to a recess from the Monday which falls on or nearest to 31st October to the following Friday, both days included;

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

• (c) the Trinity sittings which shall begin on the second Monday after Easter Sunday and end on 30th June.

[E.r. 1]

Vacation Judge

2

• (1) A judge of the High Court or Court of Appeal, selected each year in accordance with this rule, shall be available during every vacation to act as Vacation Judge.

• (2) The judge selected shall act as Vacation Judge for one year beginning with the 1st day of July next following the date of his selection.

• (3) Unless the judges otherwise arrange between themselves, the Vacation Judge shall be selected in rotation, commencing with the judge last appointed who has not already served as Vacation Judge and ending with the judge who has most recently so served.

• (4) Any other judge of the High Court or Court of Appeal may sit in vacation for the Vacation Judge.

[E.r. 2]

Sittings and powers of Vacation Judge

3

• (1) The Vacation Judge shall sit in vacation as occasion may require.

• (2) No order made by the Vacation Judge or a judge acting as such shall (except on consent) be reversed or varied except by the judge who made the order, a court of two or more judges or the Court of Appeal.

[E.r. 3]

Hearing of applications, etc. in vacation

4

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

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

[E.r. 4]

Supreme Court Offices days on which open and office hours

5

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

• (a) Saturdays and Sundays,

• (b) Good Friday and the day after Easter Monday,

• (c) Christmas Eve or—

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

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

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

• (e) Bank Holidays in Northern Ireland under the Banking and Financial Dealings Act 1971⁶⁴, and

• (f) such other days as the Lord Chancellor, with the concurrence of the Lord Chief Justice, may direct.

• (2) The hours during which any office of the Supreme Court shall be open to the public shall be such as the Lord Chancellor, with the concurrence of the Lord Chief Justice, may from time to time direct.

[E.r. 7]

ORDER 54 — APPLICATIONS FOR WRIT OF HABEAS CORPUS

When personal service required

1

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

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

[E.r. 1]

Personal service : how effected

2

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

[E.r. 2]

Service on body corporate

3

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

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

[E.r. 3]

Substituted service

4

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

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

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

[E.r. 4]

Ordinary service : how effected

5

• (1) Service of any document, not being a document which by virtue of any provision of these Rules is required to be served personally, of a document to which Order 10, rule 1, applies may be effected—

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

• (b) by post, or

• (c) in such other matter as the Court may direct.

• (2) For the purposes of this rule, and of section 7 of the Interpretation Act 1978⁶⁵, in its application to this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person had no address for service his proper address for the purposes aforesaid shall be—

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

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

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

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

• (3) Nothing in this rule shall be taken as prohibiting the personal service of any document or as affecting any statutory provision which provides for the manner in which documents may be served on bodies corporate.

[E.r. 5]

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

6

Where for the purpose of or in connection with any proceedings in the Supreme Court, not being civil proceedings by or against the Crown within the meaning of Part II of the Crown Proceedings Act 1947⁶⁶, any document is required by any statutory provision or these Rules to be served on the Minister or Head of a government department which is an authorised department for the purposes of that Act, or on such a department or on the Attorney General, section 18 of the said Act of 1947 and Order 77, rule 4, shall apply in relation to the service of the document as they apply in relation to the service of documents required to be served on the Crown for the purpose of or in connection with any civil proceedings by or against the Crown.

[E.r. 6]

Effect of service after certain hours

7

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

[E.r. 7]

Affidavit of service

8

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

[E.r. 8]

No service required in certain cases

9

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

[E.r. 9]

ORDER 55 — APPEALS TO THE HIGH COURT (OTHER THAN CASES STATED)

Quality and size of paper

1

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

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

[E.r. 1]

Regulations as to printing, etc.

2

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

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

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

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

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

[E.r. 2]

Copies of documents for other party

3

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

• (2) Where a document prepared by a party for use in the Supreme Court is written or typewritten, the party by whom it was prepared must supply any other party entitled to a copy of it, not being a party on whom it has been served, with one copy of it and, where the document in question is an affidavit, of any document exhibited to it.

The copy must be ready for delivery within 48 hours after a written request for it, together with an undertaking to pay the proper charges, is received and must be supplied thereafter on payment of those charges.

[E.r. 3]

Requirements as to copies

4

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

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

[E.r. 4]

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

5

• (1) Any person shall, on payment of the prescribed fee, be entitled during office hours to search for, inspect and take a copy of any of the following documents filed in the Central Office, namely—

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

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

• (c) with the leave of the Court, which may be granted on an application made ex parte, any other document.

• (2) Paragraph (1) shall apply to the judgments and orders filed in the Chancery Office or the Bankruptcy and Companies Office, and to the Chancery judgments and orders kept in the Central Office, as it applies to judgments and orders filed in the Central Office.

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

[E.O. 63 r. 4]

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

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

ORDER 56 — APPEALS TO THE HIGH COURT BY CASE STATED: GENERAL

Notice of change of solicitor

1

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

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

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

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

[E.r. 1]

Notice of appointment of solicitor

2

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

[E.r. 3]

Notice of intention to act in person

3

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

[E.r. 4]

Removal of solicitor from record at instance of another party

4

• (1) Where—

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

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

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

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

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

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

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

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

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

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

[E.r. 5]

Withdrawal of solicitor who has ceased to act for party

5

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

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

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

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

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

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

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

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

• (4) Notwithstanding anything in paragraph (1), Where the certificate of an assisted person within the meaning of the Legal Aid (General) Regulations (Northern Ireland) 1965⁶⁷ is revoked or discharged, the solicitor who acted for the assisted person shall cease to be the solicitor acting in the cause or matter as soon as his retainer is determined under regulation 13(2) of the said Regulations; and if the assisted person whose certificate has been revoked or discharged desires to proceed with, the cause or matter without legal aid and appoints that solicitor or another solicitor to act on his behalf, the provisions of rule 2 shall apply as if that party had previously sued or defended in person.

[E.r. 6]

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

6

Where—

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

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

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

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

[E.r. 7]

ORDER 57 — CROWN SIDE PROCEEDINGS: GENERAL

[No Order made]

GENERAL AND ADMINISTRATIVE PROVISIONS

ORDER 63

Definitions

1

In this Order—

• “Crown Solicitor” means the Crown Solicitor for Northern Ireland.

• “Master” means the Master (Queen's Bench and Appeals);

• “process” includes a citation;

• “Secretary of State” means Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs.

[E.r. 1]

Service of foreign legal process

2

• (1) This rule applies in relation to the service of any process required in connection with civil or commercial proceedings pending before a court or other tribunal of a foreign country where a letter of request from such a tribunal requesting service on a person in Northern Ireland or any such process sent with the letter is received by the Secretary of State and is sent by him to the Supreme Court with an intimation that it is desirable that effect should be given to the request.

• (2) In order that service of the process may be effected in accordance with this rule the letter of request must be accompanied by a translation thereof in English, by two copies of the process to be served and by two copies of a translation of the process in English.

• (3) Subject to paragraph (4) and to any statutory provision which provides for the manner in which documents may be served on bodies corporate, service of the process shall be effected by leaving a copy of it and of the translation with the person to be served.

Service shall be effected by the process server appointed under rule 5 or his authorised agent.

• (4) Where an application in that behalf is made by the Crown Solicitor with the consent of the Treasury, the Court may make an order for substituted service of the process, and, where such an order is made, service of the process shall be effected by taking such steps as the Court may direct to bring the process to the notice of the person to be served.

• (5) After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server shall leave with the Master a copy of the process, an affidavit made by the person who served, or attempted to serve, the process stating when, where and how he did or attempted to do so, a copy of that affidavit and a statement of the costs incurred in effecting, or attempting to effect, service.

• (6) The Master shall give a certificate—

• (a) identifying the documents annexed thereto, that is to say, the letter of request for service, a copy of the process received with the letter and a copy of the affidavit referred to in paragraph (5);

• (b) certifying that the method of service of the process and the proof of service are such as are required by the rules of the Supreme Court regulating the service of process of that Court in Northern Ireland or. if such be the case, that service of the process could not be effected for the reason specified in the certificate; and

• (c) certifying that the cost of effecting, or attempting to effect, service, as certified by the Master (Taxing Office), is the amount so specified.

• (7) The certificate given under paragraph (6) shall be sealed with the seal of the Supreme Court and shall be sent to the Secretary of State.

[E.r. 2]

Service of foreign legal process under Civil Procedure Convention

3

• (1) This rule applies in relation to the service of any process required in connection with civil or commercial proceedings pending before a court or other tribunal of a foreign country, being a country with which there subsists a Civil Procedure Convention providing for service in Northern Ireland of process of the tribunals of that country, where a letter of request from a consular or other authority of that country requesting service on a person in Northern Ireland of any such process sent with the letter is received by the Master.

• (2) In order that service of the process may be effected in accordance with this rule the letter of request must be accompanied by a copy of a translation of the process to be served in English.

• (3) Subject to any statutory provision which provides for the manner in which documents may be served on bodies corporate and to any special provisions of the relevant Civil Procedure Convention, service of the process shall be effected by leaving the original process or a copy of it, as indicated in the letter of request, and a copy of the translation with the person to be served.

Service shall be effected by the process server appointed under rule 5 or his authorised agent.

• (4) After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server shall leave with the Master an affidavit made by the person who served, or attempted to serve, the process stating when, where and how he did or attempted to do so, and a statement of the costs incurred in effecting, or attempting to effect, service.

• (5) The Master shall give a certificate certifying—

• (a) that the process or a copy thereof, as the case may be, was served on the person, at the time, and in the manner, specified in the certificate or, if such be the case, that service of the process could not be effected for the reason so specified, and

• (b) that the cost of effecting, or attempting to effect, service, as certified by the Master (Taxing Office), is the amount so specified.

• (6) The certificate given under paragraph (5) shall be sealed with the seal of the Supreme Court and shall be sent to the consular or other authority by whom the request for service was made.

[E.r. 3]

Costs of service, etc. to be certified by the Master (Taxing Office)

4

A statement of the costs incurred in effecting, or attempting to effect, service under rule 2 or rule 3 shall be submitted to the Master (Taxing Office) who shall certify the amount properly payable in respect of those costs.

[E.r. 4]

Appointment of process server

5

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

[E.r. 5]

ORDER 64 — SITTINGS, VACATIONS AND OFFICE HOURS

Interpretation and exercise of jurisdiction

1

• (1) In this Order “the Act of 1975” means the Evidence (Proceedings in Other Jurisdictions) Act 1975⁶⁸;

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

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

• “The Secretary of State” means Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs.

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

[E.r. 1]

Application for order

2

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

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

• (3) Where on an application under section 1 of the Act of 1975 as applied by section 92 of the Patents Act 1977⁶⁹ an order is made for the examination of witnesses, the Court may allow an officer of the European Patent Office to attend the examination and examine the witnesses or request the Court or the examiner before whom the examination takes place to put specified questions to them.

[E.r. 2]

Application by Crown Solicitor in certain cases

3

Where a request—

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

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

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

[E.r. 3]

Person to take and manner of taking examination

4

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

[E.r. 4]

Dealing with deposition

5

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

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

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

[E.r. 5]

Claim to privilege

6

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

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

• (3) If such evidence is taken—

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

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

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

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

[E.r. 6]

ORDER 65 — SERVICE OF DOCUMENTS

1. RECIPROCAL ENFORCEMENT

Powers under relevant Acts exercisable by judge or master

1

The powers conferred on the High Court by Part II of the Administration of Justice Act 1920⁷⁰ (in this part of this Order referred to as the “Act of 1920”) or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933⁷¹ (in this part of this Order referred to as the “Act of 1933”) may be exercised by a judge in chambers and a master.

[E.r. 1]

Application for registration

2

• (1) An application—

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

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

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

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

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

[E.r. 2]

Evidence in support of application

3

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

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

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

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

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

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

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

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

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

• (e) verifying that the judgment to which section 5 of the Protection of Trading Interests Act 1980⁷² applies.

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

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

[E.r. 3]

Security for costs

4

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

[E.r. 4]

Order for registration