County Court Rules (Northern Ireland) 1981

Made: 2nd July 1981

Coming into operation: 12th October 1981

We, the County Court Rules Committee, appointed by the Lord Chancellor under Article 46 of the County Courts (Northern Ireland) Order 1980[^f00014], in exercise of the powers conferred on us by Article 47 of that Order and all other powers enabling us in that behalf, hereby makes the following rules:—

ORDER 1 — Where proceedings may be commenced

Actions generally

1

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

Actions for recovery of, and in relation to, land

2

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

Proceedings in relation to trusts

3

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

Proceedings in relation to the estate of a deceased person

4

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

Partnership proceedings

5

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

Proceedings under the Settled Land Acts 1882 to 1890

6

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

Proceedings under the Married Women’s Property Act 1882, s.17

7

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

Proceedings in relation to minors

8

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

Probate proceedings

9

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

Proceedings under the Legitimacy Acts (Northern Ireland) 1928 to 1961

10

Proceedings under the Legitimacy Acts (Northern Ireland) 1928 to 1961 may be commenced in a court for the division in which the petitioner resides or in which the marriage leading to the legitimation took place or, if neither the residence of the petitioner nor the place of marriage is situate in Northern Ireland, then in the Belfast Recorder's Court.

Proceedings for the construction of deeds, wills, etc.

11

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

Proceedings commenced by petition

12

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

Proceedings by or against a judge, circuit registrar, circuit administrator or chief clerk

13

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

Proceedings by and against the Crown

14

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

ORDER 2 — Joinder of causes of action

Generally

1

Save as otherwise provided in this Order the plaintiff may unite in the same action several causes of action and—

• (a) claims by or against husband, and wife may be joined with claims by or against either of them separately;

• (b) claims by or against an executor or administrator as such may be joined with claims by or against him personally provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator;

• (c) claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant.

Assignee in bankruptcy and recovery of land

2

Except by leave of [[^f00026] the judge or district judge as the case may be]—

• (a) claims by an assignee in bankruptcy as such shall not be joined with any claim by him in any other capacity;

• (b) no cause of action shall be joined with an action for the recovery of land except claims for mesne profits or arrears of rent or double value of the land claimed or any part thereof or for damages for breach of any contract under which it is held or for any wrong or injury to it or for payment of any principal money or interest secured by a mortgage or charge on that land or any part thereof.

Claim for possession in action for sale or redemption of mortgaged property

3

Nothing in this Order shall prevent a plaintiff in an action for sale or redemption of mortgaged property from asking for or obtaining an order against a defendant for delivery of possession of the property on or after the final order for sale or redemption.

Separate hearings may be ordered

4

If, at any time, it appears to [[^f00026] the judge or district judge as the case maybe] that any causes of action joined in one action cannot be conveniently heard and disposed of together, he may order separate hearings, or may exclude any cause of action and order any consequential amendments to be made and may make such order as to costs as may be just.

ORDER 3 — Parties to proceedings

PART I — GENERALLY

Who may be joined as plaintiffs

1

• (1) All persons may be joined as plaintiffs in one action in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if they brought separate actions, any common question of law or fact would arise but if, on the application of any defendant, it appears that any joinder may embarrass or delay the hearing, [[^f00027] the judge or district judge as the case may be] may order separate hearings, or make such other order as he thinks fit.

• (2) A decree may be given for any plaintiff for the relief to which he is entitled, without any amendment, but any defendant, though unsuccessful, may be awarded any extra costs caused by joining any person who is not found entitled to relief.

Who may be joined as defendants

2

• (1) All persons may be joined as defendants in one action against whom the right to any relief in respect of or arising out of the same transaction or event or series of transactions or events is alleged to exist, whether jointly, severally or in the alternative, where if separate actions were brought any common question of law or fact would arise.

• (2) A decree may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities without any amendment.

• (3) Where two or more persons are made defendants, whether as jointly or as severally liable, the plaintiff may have a decree against any one or more of the defendants without prejudice to his right to proceed with the action against any other defendant.

• (4) Where a plaintiff proceeds against one or more of several persons jointly liable, the defendant or defendants sued may avail himself or themselves of any set-off or other defence to which he or they would be entitled if all the persons liable were made defendants.

Defendant interested in part of claim

3

It shall not be necessary that every defendant to an action shall be interested as to all the relief claimed, or as to every cause of action, but [[^f00027] the judge or district judge as the case may be] may make any order that may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he has no interest.

Persons liable under one contract

4

The plaintiff may at his option join as parties to the same action all or any one of the persons severally or jointly and severally liable on any one contract.

Where plaintiff in doubt whom to sue

5

Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, so that the question is liable, and to what extent, may be determined between the parties.

Misjoinder or non-joinder

6

• (1) No action or matter shall be affected by reason of the misjoinder or non-joinder of parties, and [[^f00028] the judge or district judge as the case may be] may in every action or matter deal as justice may require with the real question at issue between the parties actually before him.

• (2) Where one or more than one of several persons jointly liable is sued and the other or others so liable and not sued reside out of the jurisdiction or are dead, the fact of the residence of the party or parties not sued being outside the jurisdiction, or the death of such parties, shall appear on the face of the process.

Representative proceedings

7

• (1) Where there are numerous persons having the same interest in one action or matter, one or more of them may be authorised or appointed by [[^f00028] the judge or district judge as the case may be] before or at the hearing, to sue or defend on behalf of all persons so interested.

• (2) Where a defendant desires to defend on behalf of numerous persons having the same interest, he shall, within five days from the day on which the civil bill is served on him, file in the Office an affidavit stating the facts on which he relies and the names, addresses and occupations or, where appropriate, a collective description of the persons on behalf of whom he desires to defend, and serve on the plaintiff a copy of the affidavit together with a notice of the defendant’s intention to apply to [[^f00028] the judge or district judge as the case may be] at or before the hearing of the action or matter for leave so to defend.

• (3) If an order is made for the defendant so to defend—

• (a) a collective description sufficient to designate the persons to whom the order relates shall be added to the name of the defendant in the books of the court;

• (b) notice shall be given to such persons affected by the order and in such manner, in Form 3 or Form 4 or otherwise, as [[^f00028] the judge or district judge as the case may be] directs;

• (c) the hearing of the action or matter may be adjourned to enable any person who is included in the collective description to object to the defendant defending on behalf of all or any of the persons to whom the order relates;

• (d) where an objection is made under paragraph (c), [[^f00028] the judge or district judge as the case may be] shall consider the objection and make such further order as he thinks fit.

Trustees and beneficiaries

8

• (1) Trustees, executors and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any person beneficially interested-therein, and shall be considered as representing such person, but [[^f00028] the judge or district judge as the case may be] may, at any stage of the proceedings, order any person to be made a party either in addition to or in lieu of the previously existing parties.

• (2) This Rule shall apply to trustees, executors and administrators sued in proceedings to enforce a security by sale or otherwise.

Proceedings Against Estates Act (Northern Ireland) 1971

9

• (1) Where any person against whom an action would have lain has died but the cause of action survives, the action may, if no grant of probate or administration has been made, be brought against the estate of the deceased.

• (2) Without prejudice to the generality of paragraph (1), an action brought against “the personal representatives of AB deceased” shall be treated for the purposes of that paragraph as having been brought against his estate.

• (3) [^f00030] An action purporting to have been commenced against a person shall be treated, if he was dead at its commencement, as having been commenced against his estate in accordance with paragraph (1), whether or not a grant of probate or administration was made before its commencement.]

• (4) In any such action as is referred to in paragraph (1) or (3)—

• (a) the plaintiff shall apply to [[^f00031] the judge or district judge as the case may be] for an order appointing a person to represent the deceased’s estate for the purpose of the proceedings or, if a grant of probate or administration has been made [[^f00032] . . .], for an order, that the personal representative of the deceased be made a party to the proceedings, and in either case for an order that the proceedings be carried on against the person so appointed, or as the case may be against the personal representative, as if he had been substituted for the estate;

• (b) [[^f00031] the judge or district judge as the case may be] at any stage of the proceedings and on such terms as he thinks just and either on his own motion or on application may make such order as is mentioned in sub-paragraph (a) and allow such amendments (if any) to be made and make such other order as he thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and completely determined and adjudicated upon.

• (5) Before making an order under paragraph (4) [[^f00031] the judge or district judge as the case may be] may notice to be given to any insurer of the deceased who has an interest in the proceedings an such (if any) of the persons having an interest in the estate as he thinks fit.

• (6) Where no grant of probate or administration has been made, any decree granted in the proceedings shall bind the estate to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceedings.

Actions relating to land

10

In actions brought under Article 12 of the Order, any person not named as a defendant—

• (a) may appear and defend, on sending by post to the chief clerk and to each plaintiff and defendant [[^f00033] at any time before the hearing] a notice claiming that he has an estate or interest in the land to which the action relates or a part thereof;

• (b) may, by leave of [[^f00034] the judge or district judge as the case may be], appear and defend at the hearing, and [[^f00034] the judge or district judge as the case may be] may, if he thinks fit, add the name of such person as a defendant in the action;

and [[^f00034] the judge or district judge as the case may be] may deal with such person, both as to costs and allowances, as if he had been originally named as a defendant and served with the civil bill.

PART II — PERSONS UNDER DISABILITY

Minor

11

Without prejudice to Article 39(2)(c) of the Order, a minor may sue by his next friend and may defend by his guardian ad litem.

Persons of unsound mind

12

A [[^f00035] patient for whom a controller has been appointed] may sue and defend by his [[^f00036] controller] and [[^f00035] a patient for whom a controller has not been appointed] may sue by his next friend and may defend by his guardian ad litem.

Proceedings by next friend

13

Where—

• (a) a minor desires to commence proceedings (other than an action in his own name under Article 39(2)(c) of the Order) or is a claimant in interpleader proceedings; or

• (b) proceedings are to be commenced, or a claim made in interpleader proceedings, on behalf of a [[^f00035] patient for whom a controller has not been appointed];

the proceedings or claim shall be in the name of the minor or person by his next friend.

Where judge may appoint next friend

14

• (1) Where proceedings in which a next friend is required are commenced without such next friend [[^f00034] the judge or district judge as the case may be] may—

• (a) on the application of any party or of his own motion appoint as next friend any person who consents to act and gives an undertaking in Form 5; or

• (b) order the proceedings to be struck out.

• (2) Where a next friend is appointed under paragraph (1), Order 4 Rule 2(2) shall apply.

Appointment of guardian ad litem

15

• (1) Where any defendant is a person for whom a guardian ad litem may properly be appointed, the following provisions apply—

• (a) [[^f00037] not later than 21 days after service of the civil bill except with the consent of the other parties or the leave of the court], a guardian ad litem may be appointed by the chief clerk on application made to him on behalf of that defendant, on affidavit in Form 6 together with a written consent of the proposed guardian to act;

• (b) where the appointment is so made, the order shall be in Form 7 and the chief clerk shall send notice to the plaintiff in Form 8;

• (c) where a guardian ad litem has not been appointed under sub-paragraph (a) or where the person appointed dies or otherwise becomes unable or unwilling to act, [[^f00038] the judge or district judge as the case may be] may appoint, a person to be guardian ad litem.

• (2) A guardian ad litem shall not be personally liable for any costs not occasioned by his own personal negligence or misconduct.

PART III — ADMINISTRATION AND EXECUTION OF TRUSTS

Representation of person or class

16

Where any person or class of persons is beneficially interested in any proceedings for the administration of the estate of a deceased person or for the execution of the trusts or the construction of any instrument, [[^f00038] the judge or district judge as the case may be] may, whether such person or class has been ascertained or not, appoint any person to represent such person or class, and any order made in the presence of the person so appointed shall be binding on the person or class so represented.

When service unnecessary

17

Any person beneficially interested in the residuary estate or a deceased person or any one of several cestuis que trustent under any instrument, being entitled to an order for the administration of the estate or for the execution of the trust, may have the same without serving notice of the proceedings on all the other persons so interested.

Judge may order parties to be added

18

[[^f00038] The judge or district judge as the case may be] may require any person to be made a party to any proceedings, may give the conduct of the proceedings to such person as he thinks fit, and may make such order in any particular case as he thinks just for placing the defendant on the record on the same footing in regard to costs, as other parties having a common interest with him in the matter in question.

When notice of order to be served

19

• (1) Where in any proceedings for—

• (a) the administration of the estate of a deceased person; or

• (b) the execution of the trusts of any instrument; or

• (c) the sale of any property;

an order has been made, [[^f00038] the judge or district judge as the case may be] may direct that any persons interested in the estate or under the trust or in the property shall be served with notice of the order.

• (2) Any person so served shall be bound by the proceedings as if he had originally been made a party and shall be at liberty to attend the proceedings and may at the next sitting of the court after service, or by leave of [[^f00038] the judge or district judge as the case may be] at any subsequent sitting, apply to [[^f00038] the judge or district judge as the case may be] to discharge, vary or add to the order.

Service of notice of an order.

20

• (1) Subject to paragraph (2) the notice of an order mentioned in Rule 19 shall be served and endorsed in like manner as a civil bill.

• (2) Where it appears to [[^f00039] the judge or district judge as the case may be] that service of the notice cannot be effected or ought to be dispensed with, he may wholly dispense with service or may order substituted service.

• (3) Where the order is for accounts and inquiries and service of the notice on any person is dispensed with, such person shall, unless [[^f00039] the judge or district judge as the case may be] otherwise orders, be bound by the order.

Where no legal representative

21

If, in any proceedings, it appears to [[^f00039] the judge or district judge as the case may be] that any deceased person who was interested in the matter in question has no legal personal representative, [[^f00039] the judge or district judge as the case may be] may—

• (a) proceed in the absence of any person representing the estate of the deceased person; or

• (b) may appoint some proper person to represent the estate for the purpose of the proceedings;

on such notice to such persons, if any as [[^f00039] the judge or district judge as the case may be] may think fit, either specifically or generally by public advertisement, and the order made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased had been a party to the proceedings.

Only representative to appear on claim of any person not a party

22

• (1) In any proceedings for the administration of the estate of a deceased person, no party other than the representative shall, except by leave of [[^f00039] the judge or district judge as the case may be], be entitled to appear either in court or in chambers on the claim of any person not a party to the proceedings against the estate of the deceased person in respect of any debt or liability.

• (2) [[^f00039] The judge or district judge as the case may be] may direct or give liberty to any other party to the proceedings to appear either in addition to or in place of the representative.

PART IV — CHANGE OF PARTIES

Proceedings on change of plaintiffs or defendant's title before decree

23

• (1) Where, after the commencement of any action and before final decree, there is any assignment, creation, change, transmission or devolution of the interest, estate or title of any plaintiff, [[^f00039] the judge or district judge as the case may be] may, upon the ex parte application of the person to or upon whom such interest, estate or title has come or devolved or of any party to the action, grounded upon an affidavit setting out the facts of such assignment, creation, change, transmission or devolution, make an order that such person be substituted for or made a joint plaintiff with the plaintiff named in the original civil bill and [[^f00039] the judge or district judge as the case may be] may, before making such order, require such notice of the application to be served as he thinks fit.

• (2) Where, after the commencement of any action, there is any assignment, creation, change, transmission or devolution of the interest, estate or title of any defendant, [[^f00040] the judge or district judge as the case may be] may, on an ex parte application grounded upon an affidavit setting forth the facts of such assignment, creation, change, transmission or devolution, make an order that the person to or upon whom such interest, estate or title has come or devolved, be substituted for or made a joint defendant with the defendant named in the original civil bill, and [[^f00040] the judge or district judge as the case may be] may, before making such order, require such notice of the application to be served as he thinks fit.

Where person entitled to proceed on death of party fails to do so

24

Where a plaintiff or defendant in an action or matter dies and the cause of action survives but the person entitled to proceed fails to proceed, the defendant (or the person against whom proceedings may be continued) may apply to [[^f00040] the judge or district judge as the case may be] for an order directing the plaintiff (or person entitled to proceed) to proceed within such time as may be ordered and in default the action or matter may be struck out, and in a case where it is the plaintiff who has died, execution may be had for any costs awarded to the defendant as if Order 40 Rule 2 applied.

Alteration of records on change of parties

25

Where a party is substituted or added the books of the court shall be altered and all subsequent proceedings shall be carried on accordingly.

ORDER 4 — Security for costs

Plaintiff not resident in Northern Ireland

1

• (1) Where it appears that the plaintiff does not reside in Northern Ireland, the chief clerk may, on application of a defendant, order security for costs to be given to the satisfaction of the chief clerk and before making such an order the chief clerk shall consider all the circumstances of the case including any right of the defendant to proceed under the [[^f00041] Foreign Judgments (Reciprocal Enforcement) Act 1933[^f00042] or the Civil Jurisdiction and Judgments Act 1982[^f00043]] to recover any costs awarded to him.

• (2) A person ordinarily resident out of Northern Ireland may be ordered to give security though he may be temporarily resident in Northern Ireland.

• (3) Any party to the action or other proceeding may, on giving at least two days’ notice to the other party, appeal to [[^f00044] the judge or district judge as the case may be] against any decision or order of the chief clerk under this Rule.

• (4) Where an order is made under paragraph (1) the action or other proceeding shall not, without leave of [[^f00044] the judge or district judge as the case may be], proceed to hearing until the order has been complied with.

Next friend

2

• (1) A person acting as next friend in any proceedings shall—

• (a) before the proceedings are commenced; or

• (b) in the case of interpleader proceedings to which Order 10 applies before the issue of the summons;

deliver at the Office an undertaking in Form 5, witnessed by a solicitor or person by whom affidavits may be taken.

• (2) On giving the undertaking, the next friend shall be liable for costs in the same manner and to the same extent as if he were himself a plaintiff, and, if the proceedings fail or are discontinued, an order for payment of costs may be made against the next friend whether an order for costs is or is not made against the person under disability, and proceedings may be taken on the order for the recovery of the costs as for the recovery of any amount payable under a decree.

• (3) This Rule does not apply to proceedings under Order 44.

Where proceedings are remitted from High Court

3

Where any proceedings in which a person is suing by a next friend are remitted to a county court, the plaintiff shall lodge with the chief clerk the written authority for the use of the name of the next friend filed in the High Court, or a duplicate or copy thereof, which shall be deemed to be an undertaking within Rule 2.

ORDER 5 — Commencement of proceedings

Commencement by civil bill

1

• (1) Except as otherwise provided by an enactment or these Rules, proceedings in a county court shall be commenced by a civil bill in such one of the Forms 9 to 32 as may be appropriate.

• (2) Every civil bill shall be signed by the plaintiff or by his solicitor or a partner or duly authorised employee of his solicitor.

• (3) A civil bill commencing proceedings in a title action or for ejectment on the title shall be headed with the words “Title Jurisdiction”.

• (4) A civil bill commencing proceedings within the equity jurisdiction of the court (in these Rules referred to as an “equity civil bill”) shall be headed with the words “Equity Civil Bill”.

• (5) An ordinary or ejectment civil bill shall bear an endorsement in Form 10 or Form 13, as may be appropriate.

Particulars of claim

2

• (1) The plaintiff shall set out in his civil bill particulars of his claim.

• (1A) [^f00045] Where the plaintiff claims interest under Article 45A of the Order or otherwise the particulars of claim set out in his civil bill shall contain a statement to that effect] [[^f00046] and shall specify the amount claimed as interest with the degree of particularity required by [[^f00047] Rule 1A of Order 33].]

• (2) In an action for the recovery of or in relation to land, the plaintiff shall give a full description of the land and in such an action or in an action for the recovery of rent or mesne profits the plaintiff shall set out in his civil bill the facts on which he relies as giving the court jurisdiction.

• (3) A plaintiff suing as the assignee of a debt or other legal thing in action shall set out in his civil bill the name and description of the assignor and the date of the assignment.

• (4) A plaintiff suing for the recovery of a book or shop debt or other running account shall [[^f00048] set out full particulars of his demand in the civil bill]; but [[^f00049] the judge or district judge as the case may be] may dispense with his requirement if in any case he is satisfied that it is unnecessary.

• (5) A plaintiff alleging a breach of statutory duty shall set out in his civil bill particulars of the enactment on which he relies.

• (6) Where a plaintiff desires to abandon, under Article 10(1) of the Order, the excess of his claim over [[^f00050] £30,000], the abandonment of the excess shall be entered at the end of the particulars.

• (7) An equity civil bill shall set out as concisely as may be the facts constituting the plaintiff’s claim and the facts upon which the plaintiff relies as giving the court jurisdiction.

• (8) Where reference to a sum of money is made in the civil bill or in the particulars the sum must be stated in decimal currency.

• (9) [^f00051] Where a claim made in the proceedings is one which the court has power to hear and determine by virtue of the Civil Jurisdiction and Judgments Act 1982 and the civil bill is to be served out of Northern Ireland, the particulars of claim shall contain a statement that the court has power under that Act to hear and determine the claim and that no proceedings involving the same cause of action are pending between the parties in England and Wales, Scotland or another Convention territory.

For the purpose of this paragraph, “Convention territory” means the territory or territories of any Contracting State, as defined by section 1(3) of the Civil Jurisdiction and Judgments Act 1982, to which [[^f00052] the Brussels Convention or the Lugano Convention as defined] in section 1(1) of that Act apply.]

[ Notice for further particulars

3

• (1) In any case to which Rule 2(4) does not apply, the defendant may require the plaintiff, by notice in writing served within 14 days after service of the notice of intention to defend, to furnish further particulars of claim within 14 days of service of the notice for particulars.

• (2) In any case to which Rule 2(4) does not apply, the plaintiff may require the defendant by notice in writing served within 14 days after service of the particulars of claim or where no notice for further particulars of claim has been served, within 14 days of service of the notice of intention to defend, to furnish particulars of any defence, set off or counterclaim within 14 days of service of the notice for particulars.

• (3) Where under paragraphs (1) and (2) particulars have been duly required and—

• (a) have not been furnished within the time specified in the notice; or

• (b) if furnished, are in the opinion of the judge or district judge insufficient;

the judge or district judge may make such order as he thinks just including, in particular, an order that the proceedings be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment be entered accordingly.

• (4) Any costs occasioned by service of a notice under paragraph (1) or (2) shall be at the discretion of the judge or district judge as the case may be.

• (5) Where a defendant has served a third party notice this Rule shall, with any necessary modifications, apply as if the third party were a defendant and a plaintiff.

• (6) In this Rule the words “plaintiff” and “defendant” respectively shall include a plaintiff and defendant to a counterclaim.]

Proceedings against the Crown

4

• (1) Where civil proceedings are brought against the Crown in accordance with the provisions of the Crown Proceedings Act the Crown may, within three days from the service of the civil bill, serve a notice upon the plaintiff or his solicitor, requiring such information as may be reasonably necessary to show the circumstances in which the alleged liability of the Crown has arisen, and as to any department and officer of the Crown concerned.

• (2) The plaintiff or his solicitor shall, within three days from the service of such notice, serve upon the Crown an answer to the notice containing the required particulars, and the plaintiff shall be bound by the statements contained therein unless at the hearing [[^f00054] the judge or district judge as the case may be] otherwise directs.

• (3) If the plaintiff fails to comply with the requirements of such notice as aforesaid, [[^f00055] the judge or district judge as the case may be] shall, subject to paragraph (4), adjourn the hearing and direct the plaintiff to furnish the required particulars within such time as is specified by [[^f00055] the judge or district judge as the case may be]. The costs of such adjournment shall be in the discretion of [[^f00055] the judge or district judge as the case may be].

• (4) If it appears to [[^f00055] the judge or district judge as the case may be], on the application of the plaintiff, that the furnishing by the plaintiff of the particulars required by the Crown is not reasonably practicable or is likely to prejudice the plaintiff’s case, [[^f00055] the judge or district judge as the case may be] shall not direct such particulars to be furnished; and in any such case an answer by the plaintiff which omits such particulars shall be deemed to be a sufficient compliance with the notice; and if such an answer has already been served [[^f00055] the judge or district judge as the case may be] may proceed to hear and determine the civil bill without an adjournment.

Commencement by petition

5

• (1) Subject to Order 28, proceedings under paragraphs (i), (k) and (l) of Article 14 of the Order shall be commenced by a petition in such one of Forms 33 to 36 as may be appropriate.

• (2) The petition and two copies thereof shall be delivered to the chief clerk at his office and he shall issue same by endorsing on the petition and on a copy a notice in Form 37 and shall file the petition, and return such endorsed copy for service.

• (3) The person delivering the petition shall cause such endorsed copy to be served in accordance with Order 6 on the person necessary to be served therewith.

ORDER 6 — Service

Issue of civil bill

1

A civil bill shall be deemed to have been issued—

• (a) so soon as it has been received by a process server (or other person authorised by this Order) for service on any defendant; or

• (b) so soon as service of it has been accepted by a solicitor under Rule 3(4); or

• (c) without prejudice to paragraphs (a) and (b), so soon as an order for service of a civil bill has been made under Rule 6(2) or so soon as service declared sufficient under Rule 7 has been effected or so soon as service of a civil bill to which Rule 11 applies has been effected in accordance with that Rule; or

• (d) where service is by post, as soon as it has been posted; or

• (e) in an action such as is referred to in Rule 9(2) or Order 3 (where a civil bill is issued against “the personal representatives of AB deceased”) when a copy thereof is filed in the Office.

Process servers and their duties

2

• (1) The name and address of every person appointed as a process server or removed from or otherwise ceasing to hold the office of process server shall be published in such manner and at such times as [[^f00056] the Lord Chief Justice or district judge as the case may be] thinks expedient.

• (2) ... Every process server appointed after the conning into operation of these Rules shall on appointment, take the oath set out in Form 38.

• (3) Subject to the provisions of this Order, a process server shall serve all civil bills and other documents received by him for service.

• (4) Every process server shall keep, ... [[^f00056] or district judge as the case may be], a book in which he shall enter the following particulars in relation to every civil bill or document received by him for service, that is to say—

• (a) the names of the plaintiff and defendant;

• (b) the cause of action;

• (c) the date on which he received the civil bill or document for service;

• (d) the date on which he served the civil bill or document;

• (e) the place where and the name or description of the person on or with whom the civil bill or document was served or left; or if the civil bill or document has not been served on or left with any person, the reason why service has not been effected.

• (5) A process server shall not accept for service—

• (a) any copy of a civil bill unless it is accompanied by the original civil bill;

• (b) any civil bill not duly stamped.

• (6) Every process server shall compare with the original copy of each civil bill received by him for service, and before serving such copy shall endorse his name thereon; and after effecting service shall endorse on the original civil bill a statement of the day of the week and the date upon which, the manner in which, and the place where such service was effected, and as to the person (whether the defendant, the husband or wife of the defendant or a relative or employee of his) on whom the civil bill was served, and shall sign such statement.

• (7) [[^f00057] As soon as practicable after service,] each process server shall return every original civil bill to the solicitor or other person from whom he received it.

[[^f00058] . . .]

• (9) It shall be the duty of every process server to attend the court as required and produce his book or books, or in his unavoidable absence to cause such book or books to be so produced.

• (10) In the event of the unavoidable absence or of the illness or death of a process server, his book or books shall be so produced and verified by some person who can swear to the handwriting of the process server, and on being so verified shall be prima facie evidence of the matters entered therein.

• (11) Where personal service has been effected but the process server does not know of his own knowledge that the person served is the defendant, satisfactory proof of the identity of the person served must be given.

• (12) Process servers shall lodge their books in the Office when and so often as [[^f00059] the judge or district judge as the case may be] may direct; and books so lodged shall be kept as part of the records of the court.

• (13) The oath to be taken by a process server at each sitting of the court shall be in Form 39.

Service of civil bills

3

• (1) A civil bill shall not be served otherwise than in accordance with this Order.

• (2) Except where otherwise [[^f00057] required by any statutory provision or direction of the court], a civil bill may be served either—

• (a) by a process server appointed for the administrative court division in which proceedings are brought or that specified by paragraph (3); or

• (b) [^f00060] where service is not required by paragraph (6) or Rule 6(1) of Order 40 to be made on the defendant in person,—

• (i) by a solicitor or member of his staff over the age of 16 years sending to the defendant at the address given for the defendant in the civil bill, a copy of the civil bill, by ordinary first class post, (in this Order, first class post means first class post which has been pre-paid or in respect of which prepayment is not required); or

• (ii) if there is a letter box at the address given for the defendant in the civil bill by inserting through that letter box a copy of the civil bill enclosed in a sealed envelope addressed to the defendant.]

• (3) Subject to paragraph (4) and to Rules 6, 7 and 11, where a person to be served with a civil bill resides outside the administrative court division in which the proceedings are to be brought, the civil bill shall, unless served under paragraph (2)(b), be served by a process server for the division within which the person to be served resides and proof of such service shall be by affidavit to be filed, [[^f00061] together with the certificate of readiness], in the office of the chief clerk ....

• (4) Where a solicitor represents that he is authorised to accept service of a civil bill on behalf of any defendant (not being [[^f00062] . . .] a civil bill under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981[^f00063]), the delivery by any person of a copy of the civil bill to that solicitor shall be good service if that solicitor endorses and signs on the original a memorandum stating that he is so authorised as aforesaid and that he accepts service accordingly.

• (5) Except where otherwise directed or permitted under this Order, service of a civil bill shall be effected—

• (a) by delivering a copy of the civil bill to the defendant personally; or

• (b) by leaving a copy of the civil bill at the defendant’s residence or place of business with the wife or husband of the defendant, or with some relative of the defendant or of the husband or wife of the defendant, or with an employee of the defendant, the relative or employee being apparently over the age of sixteen years.

References in this paragraph to a defendant include references to a person who under the provisions of this Order is to be served with a civil bill.

• (6) A civil bill issued under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 shall be served personally on the defendant named therein.

• (7) Nothing in paragraphs (5) and (6) shall affect the method of serving documents on a company provided by section 385 of the Companies Act (Northern Ireland) 1960[^f00064].

• (8) In the absence of any statutory provision regulating service of process, service of a civil bill on a corporation aggregate may be made on the mayor or other head officer, or on the clerk, treasurer or secretary.

• (9) Where a defendant keeps his residence or place of business closed, or temporarily abandons either, so as to prevent the ordinary service of a civil bill, it shall be sufficient service to post a copy of the civil bill on the door or other conspicuous part of such residence or place of business.

• (10) Where a civil bill is issued in an action such as is referred to in Rule 9(2) or (3) of Order 3 and cannot be served because no grant of probate or administration has been made, a copy of the civil bill shall be filed by delivery to the Office as soon as it appears that the defendant is dead and that it cannot be served otherwise for the purpose of commencing the action.

Actions for recovery of land

4

• (1) In any action for the recovery of land—

• (a) for overholding, the civil bill shall be served—

• (i) on the tenant; and

• (ii) on any person in actual possession of the land;

• (b) for non-payment of rent, the civil bill shall be served on any person in actual possession of the land as tenant or under-tenant;

• (c) on the title, the civil bill shall be served—

• (i) on any person in actual possession of the land; and

• (ii) on any person who is in receipt of the rents or profits of the land or any part thereof; and

• (iii) on such other persons as [[^f00066] the judge or district judge as the case may be] may direct;

so, however, that in relation to an application for possession made in accordance with Rule 10 of Order 40 the civil bill shall be served on the judgment debtor instead of on such persons as are referred to in sub-paragraph (ii) above;

• (d) where at least six months’ rent of the land remains unpaid and the tenant has deserted or otherwise abandoned the land leaving the premises thereon unoccupied or the land not farmed in accordance with the rules of good husbandry, the civil bill shall be served—

• (i) on the tenant; and

• (ii) on any person in actual possession of the land;

• (e) where any person has been put into possession or occupation of the land by permission, or as a servant or caretaker, or as a tenant strictly at will or on sufferance, the civil bill shall be served on—

• (i) the person who has been so put into possession or occupation; or

• (ii) any persons being or claiming to be in possession or occupation through or under such person.

• (2) Where in any action to which any of the sub-paragraphs (b) to (e) of paragraph (1) applies there is no person in actual possession of the land to which the action relates, a copy of the civil bill shall be affixed on some conspicuous part of the land.

Persons under disability

5

• (1) Where a defendant or party to any proceeding is a minor, the civil bill shall be served on his father or guardian or, if he has no father or guardian, then on the person with whom he resides; but [[^f00066] the judge or district judge as the case may be] may order that service effected or to be effected on the minor shall be deemed good service.

• (2) Where a defendant or party to any proceeding is a [[^f00067] patient] the civil bill shall be served on his [[^f00068] controller] or, if he has no [[^f00068] controller], on the person with whom he resides or under whose care he is.

Resistance to service; substituted service

6

• (1) Where [[^f00066] the judge or district judge as the case may be] is satisfied, on an application made by the plaintiff either in court or chambers, that the process server has been prevented by forcible resistance, or by reasonable apprehension of personal injury, from serving the civil bill upon anyone in person, [[^f00066] the judge or district judge as the case may be] may order that a copy of the civil bill be sent by registered post to the person to be served and that a copy be posted on such courthouse as [[^f00066] the judge or district judge as the case may be] may direct, together with a notice stating that such copy is respectively sent and posted by order of [[^f00066] the judge or district judge as the case may be], and that such sending and posting is good service.

• (2) Where [[^f00066] the judge or district judge as the case may be] is satisfied, on an application made by the plaintiff either in court or chambers, that for any reason due service of the civil bill cannot be effected promptly, [[^f00069] the judge or district judge as the case may be] may make such order for substituted service, or for notice by advertisement in substitution for service, or otherwise as he thinks just.

• (3) An order under paragraph (1) or paragraph (2) shall state the day on which the action will be heard, and a copy of the order shall (except where the service is to be by advertisement) be posted or served along with the civil bill.

• (4) An application for an order under this Rule may be grounded on an affidavit stating the facts on which the applicant relies.

Service deemed good

7

[[^f00069] The judge or district judge as the case may be] may in any case declare the service actually effected sufficient.

Time for service

8

[[^f00070] A process server shall, as soon as possible after he has received a civil bill serve it upon the defendant.]

Service in special circumstances

9

• (1) Where [[^f00069] the judge or district judge as the case may be] or chief clerk on the application of a solicitor is satisfied of the existence or imminence of such special circumstances as would render impracticable the service of any civil bill in accordance with the foregoing Rules of the Order, he may direct or authorise such service—

• (a) to be effected by means of the recorded delivery service; or

• (b) to be effected in such other manner and by such person and to be proved in such manner as he may direct.

• (2) Where it would be impracticable to make such an application as is provided for in paragraph (1) the solicitor for the plaintiff or a partner or apprentice of his may himself serve the civil bill as if he were a duly appointed process server. A solicitor who serves a civil bill or causes a civil bill to be served as aforesaid shall forthwith make and shall file in the Office, [[^f00071] together with the certificate of readiness], an affidavit setting forth all relevant facts, and it shall be in the discretion of [[^f00069] the judge or district judge as the case may be] to direct that such service be deemed good service.

Application of this Order

10

• (1) Except where otherwise provided by any enactment and subject to paragraph (2), the foregoing Rules of this Order shall apply mutatis mutandis to the service of petitions, summonses, notices or any other documents required or authorised to be served for the purposes of initiating any proceedings in a county court.

• (2) Rule 2(5)(a), (6) and (7) shall not apply to the service of a petition and such service shall be proved by affidavit of the process server or, where service was by post, by production of the solicitor’s certificate of posting.

Proceedings under the Crown Proceedings Act

11

• (1) The provisions of this Order relating to personal service shall not apply to any civil bill or other document required to be served on the Crown. Service of any such civil bill or document shall be in accordance with section 18 of the Crown Proceedings Act 1947 (c.44) and may be effected either—

• (a) by leaving the civil bill or document at the office of the person to be served; or

• (b) by sending it by [[^f00071] ordinary first class post] addressed to the person to be served.

• (2) A civil bill at the suit of the Crown may by leave of [[^f00072] the judge or district judge as the case may be] be served out of Northern Ireland in any case in which leave might be granted by the High Court for the service of a writ of summons out of the jurisdiction. Where such leave has been given in any proceedings in a county court, the like leave may be given in respect of documents to be subsequently served in those proceedings.

• (3) Where leave is sought to serve a civil bill at the suit of the Crown anywhere in Great Britain, if it appears to [[^f00072] the judge or district judge as the case may be] that there may be a concurrent remedy in England or Scotland (as the case may be), [[^f00072] the judge or district judge as the case may be] shall have regard to the comparative cost and convenience of proceedings within the jurisdiction of the court, or in the place of residence of the intended defendant, and particularly to the powers and jurisdiction of the country courts in England, and of the sheriff courts or small debt courts in Scotland, respectively.

• (4) An application for leave to serve a civil bill at the suit of the Crown on a person outside the United Kingdom shall be supported by affidavit or other evidence—

• (a) stating that, in the belief of the deponent, the applicant has a good cause of action; and

• (b) showing—

• (i) in what country and place the person to be served is, or may probably be found;

• (ii) whether such person is a British subject or not; and

• (iii) the grounds on which the application is made;

and where [[^f00072] the judge or district judge as the case may be] gives leave for the service of such a civil bill or other document outside the United Kingdom, he shall fix the return day, and in so doing shall have regard to the distance of the country wherein service is to be effected.

• (5) Where leave is given under the preceding paragraphs of this Rule for service out of the jurisdiction, such service shall, subject to this paragraph, be effected either—

• (a) by posting the document to be served together with a copy of the relevant order in a prepaid registered envelope addressed to the person to be served; or

• (b) by transmitting such document to an agent of the plaintiff for personal service by such agent;

but where the person to be served is outside Her Majesty’s dominions there shall be served on him a copy of the relevant order and a notice of commencement of proceedings to which there shall be annexed a copy of the document for the service of which leave has been given.

[ Proof of service by post

12

In any civil bill served by ordinary first class post under Rule 3(2) the plaintiff shall on the face of the civil bill certify that service has been effected by ordinary first class post, and the date when the civil bill was posted.]

ORDER 7 — Special defences

Statement of defence

1

A defendant in an equity suit may, [[^f00095] within 28 days after service of his notice of intention to defend], serve on the plaintiff a statement in Form 41 disclaiming any interest in the subject matter of the proceedings or admitting or denying any of the statements in the plaintiff’s civil bill, or raising any question of law on such statements, without admitting the truth thereof, or he may specify any new fact or document on which he intends to rely as a defence or which he intends to bring to the notice of the court.

Admission in action for recovery of land

2

In an action for the recovery of land a defendant who admits the title of the plaintiff to the land or any part thereof and his right to the immediate possession thereof may, before the beginning of a period of four days ending on the entry day, deliver to the plaintiff an admission thereof.

Defence in action of trespass, etc.

3

Where a defendant in any action of trespass or in any action in which the title to any land comes in question (not being an action for the recovery of the land) intends to rely on a justification of the acts complained of, as having been done in exercise of any alleged right, he may serve a notice to that effect, setting out such alleged right, on the plaintiff [[^f00095] within 28 days after service of his notice of intention to defend].

Tender and payment into court

4

• (1) Where the defence is tender, such defence shall not be available unless before or at the hearing the defendant lodges with the chief clerk the amount alleged to have been tendered, together with the costs of the action up to the time of tender if it was made after action brought.

• (2) Where in an equity suit a defendant intends to rely upon payment made by him into court, he shall give notice thereof to the plaintiff [[^f00095] within 28 days after service of his notice of intention to defend].

Set-off and counterclaim

5

• (1) Where a defendant in any proceedings not being an action for rent intends to rely upon any set-off or counterclaim he shall give notice thereof in writing to the plaintiff and to the chief clerk [[^f00095] within 28 days after service of his notice of intention to defend].

• (2) Where in any action for rent a defendant intends to rely on a deduction or set-off in respect of debts due by the landlord to the tenant under section 48 of the Landlord and Tenant Law Amendment Act, Ireland, 1860[^f00097] the defendant shall give notice in writing of such intention stating particulars of such deduction or set-off to the plaintiff [[^f00095] within 28 days after service of his notice of intention to defend] and, where the defendant intends to rely on the provisions of section 40 of that Act, he shall lodge with the chief clerk the money tendered by him as thereby directed and give notice of such lodgment to the plaintiff [[^f00095] within 28 days after service of his notice of intention to defend].

Counterclaim against person other than plaintiff

6

Where a defendant desires to set up a counterclaim against a plaintiff and some other person, he may apply to [[^f00098] the judge or district judge as the case may be] for an order that the other person be added as a defendant to the counterclaim and [[^f00098] the judge or district judge as the case may be] may make an order accordingly and may give such directions as may be necessary to enable the questions at issue between the parties to be determined at the hearing of the action.

Set-off and counterclaim in proceedings by and against the Crown

7

• (1) In proceedings by the Crown for the recovery of any taxes, duties or penalties, a defendant shall not be entitled to avail himself of any set-off or counterclaim.

• (2) In any proceedings by the Crown other than those referred to in paragraph(l), a defendant shall not be entitled to avail himself of any set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties or penalties.

• (3) A defendant shall not be entitled, without the leave of [[^f00098] the judge] (to be obtained on application of which notice has been given to the Crown before the beginning of a period of four days ending on the date of the application) to avail himself of any set-off or counterclaim if—

• (a) the subject matter of the set-off or counterclaim does not relate to the government department in whose name the proceedings are brought; or

• (b) the proceedings are brought in the name of the Attorney-General.

• (4) In proceedings against the Crown, the Crown shall not be entitled, without the leave of [[^f00098] the judge or district judge as the case may be] (to be obtained on application of which notice has been given to the plaintiff before the beginning of a period of four days ending on the days of the application), to avail itself of any set-off or counterclaim if—

• (a) the Crown is sued in the name of a government department and the subject matter of the set-off or counterclaim does not relate to that department; or

• (b) the Crown is sued in the name of the Attorney-General.

Costs

8

[[^f00098] The judge or district judge as the case may be], in the exercise of his discretion as to costs, may take into consideration the extent to which a defendant has or has not availed himself of such of the powers given by the preceding Rules of this Order as were available to him.

ORDER 8 — Entry and lodgement of civil bills and applications for dismiss

Entry day

1

... Defended civil bills shall be entered for hearing, in accordance with the following Rules.

Entry of ordinary civil bills

2

• (1) Without prejudice to paragraph (2), in any proceedings commenced by civil bill which a defendant intends to defend he shall, within a period of 21 days from the date of service upon him of the civil bill, serve on the other party or parties to the proceedings a notice of intention to defend in Form 42.

• (2) A defendant shall not serve a notice of intention to defend after the expiration of a period of 21 days after service upon him of the civil bill except with the consent in writing of the other party or parties or with the leave of the judge or the district judge as the case may be.

• (3) Service by a defendant of a notice of intention to defend shall not prevent a defendant from raising any issue or defence which he would otherwise be entitled to raise concerning the civil bill, or issue or service of the civil bill, or the jurisdiction of the court.

Lodgment of equity civil bills

3

• (1) In any proceedings commenced by civil bill in which a notice of intention to defend has been served the plaintiff shall, [[^f00100]subject to paragraph (1A) and] after the conclusion of all interlocutory matters, request the chief clerk to enter the proceedings for hearing by delivery to the chief clerk at his office of a certificate of readiness in Form 43 and shall, at the same time, cause to be served on the other party or parties to the proceedings a copy of the certificate of readiness.

• (1A) [^f00101] [[^f00102] Subject to paragraph (1B),] a certificate of readiness may not be delivered to the chief clerk until the expiry of 21 days following the date of service of the notice of intention to defend.]

• (1B) [^f00103] The plaintiff must notify the defendant in writing of his intention to lodge the certificate of readiness no later than 14 days prior to lodging the certificate.]

• (2) In any proceedings in which a notice of intention to defend has been served the chief clerk shall, if no certificate of readiness has been delivered to him within a period of 6 months immediately following the date of service of the notice of intention to defend, list the proceedings before the judge [[^f00104]) or district judge as the case may be] and notify the parties accordingly and the judge [[^f00104] or district judge as the case may be] may issue such directions concerning the future conduct of any such proceedings as he considers appropriate [[^f00105] including, in particular, an order that the proceedings be stayed or dismissed.]

Lists of defended cases; copies of civil bills for judge

4

In every proceedings commenced by civil bill in which the defendant serves a notice of intention to defend the defendant shall also at the same time as he serves the notice of intention to defend on the other party or parties to the proceedings deliver to the chief clerk a copy of the civil bill and of the notice of intention to defend.]

Entry or lodgment after entry day

5

No civil bill or defence shall be entered for hearing or received after entry day without the special order of the judge on Such terms, including the payment of a special entry fee, as the judge thinks fit.

Applications for dismisses

6

• (1) If the plaintiff in any action ordered by the High Court to be heard or remitted by the High Court for hearing in any county court under the provisions of any enactment, omits or refuses to lodge the requisite documents, the defendant may, [[^f00107] at any time after a period of 4 months has elapsed from the date of the order for remittal], lodge with the chief clerk a certified copy of the notice or remittal served on him by the proper officer of the Court of Judicature in accordance with Rule 8(b) of Order 78 of the Rules of the Court of Judicature (Northern Ireland) 1980[^f00108] and the copy of the writ of summons or other originating process served on the defendant verified by affidavit, for the purpose of having the action dismissed by [[^f00109] the judge or district judge as the case may be].

[[^f00106] . . .]

• (3) Where a defendant lodges the documents mentioned in paragraph (1) in accordance with that paragraph, [[^f00110] . . .] [[^f00109] the judge or district judge as the case may be] shall have the like power, jurisdiction and authority to dismiss the case and to award costs to the defendant as if the plaintiff had lodged the order for hearing and other requisite documents [[^f00110] . . .].

• (4) In relation to an action to which Order 22 Rule 8(6) applies, paragraphs (1) and (3) shall have effect as if the reference—

• (a) to the plaintiff or defendant were, as the case may be, to the defendant or plaintiff; and

• (b) to a copy of the writ of summons or other originating process were to the original thereof together with particulars of the counterclaim.

Entry on record of solicitor for plaintiff and defendant

7

The chief clerk shall enter on record in his book the name of only one person or firm as solicitor for the plaintiff or for any defendant and in the case of a firm of solicitors not more than one member of such firm shall appear or take part in the conduct of any one case without the leave of [[^f00109] the judge or district judge as the case may be].

Prepayment of certain court fees

8

Where any court fees are payable on entry of any proceedings, a duly stamped requisition in Form 43 shall be lodged at the same time.

Return of civil bills lodged on entry

9

After entry, the original civil bills in equity and probate suits shall be retained on the court file and in all other cases shall, as soon as practicable, be returned to the persons lodging them.

ORDER 9 — Amendments

Generally

1

• (1) Subject to paragraph (2), [[^f00111] the judge or district judge as the case may be] may at any time—

• (a) amend any defects or errors in any proceedings whether the defect or error is that of the party applying to amend or not; and

• (b) add, strike out or substitute any person either as plaintiff or defendant;

and all such amendments as may be necessary for the purpose of determining the real question in controversy between the parties shall be made, if duly applied for.

[[^f00112] . . .]

• (2) A person shall not be added as a plaintiff without his consent in writing, or in the case of a person under disability, without the consent in writing of the next friend or committee or other person acting on behalf of the person under disability.

Service on added defendant

2

Where any person is ordered to be added or substituted as defendant, except under Rule 8, the amended civil bill or other originating process shall, be served on the added or substituted defendant according to the rules applicable to the service of a civil bill[[^f00112] . . .].

[ When amendment may be made

3

• (1) Any amendment may be made at any stage of the proceedings by [[^f00111] the judge or district judge as the case may be] of his own motion or at the hearing or on notice before the hearing on the application of any party.

• (2) When an application for an amendment is made after any relevant period of limitation has expired since the issue of the originating process, [[^f00111] the judge or district judge as the case may be] may nevertheless allow the amendment if it is such as the High Court would have power to allow in a like case.]

Abandonment of part of claim

4

A plaintiff may, at any time before an action is called on for hearing or in opening his case, abandon any part of his claim.

Enlargement of claim

5

• (1) Where, upon the taking of an account or on the evidence given at the hearing, it appears that a plaintiff is entitled to recover an amount larger than that claimed in his civil bill but not beyond the limit of the court’s jurisdiction, [[^f00111] the judge or district judge as the case may be] may, on payment by the plaintiff of the difference between the court fees paid and those payable on the larger amount, give a decree for the larger amount.

• (2) A decree given under this Rule shall show the amount by which the claim has been enlarged.

Amount beyond limit of court’s jurisdiction found due on account

6

Where, upon the taking of an account, it appears that a plaintiff is entitled to an amount beyond the limit of the jurisdiction of the court and he has not abandoned the excess, he may abandon it and a decree may be given for so much of that amount as lies within the jurisdiction of the court.

Joinder of defendant under Civil Aviation Act 1949

7

• (1) Notice of an application by a defendant to join any other person as a defendant pursuant to sections 40 and 49(2) of the Civil Aviation Act 1949[^f00114] shall be served within five days of the service of the civil bill on the defendant.

• (2) [[^f00115] The judge or district judge as the case may be] may, as a condition of making the order, require the applicant to give an undertaking signed by him to indemnify the plaintiff against—

• (a) the costs of and occasioned by the joinder of the other person; and

• (b) any costs which the plaintiff may be ordered to pay to that person.

Change of defendant

8

Where a person other than the defendant appears at the hearing and admits that he is the person whom the plaintiff intended to sue, or ought to have sued, he may, if the plaintiff consents, be substituted for the defendant[[^f00116] . . .].

Clerical mistakes and slips

9

Clerical mistakes in [[^f00117] an application to make a settlement an order of the court under Order 21 Rule 1A or in] decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by [[^f00115] the judge or district judge as the case may be] or, with the consent of the parties, by the chief clerk.

ORDER 10 — Interpleader proceedings

Application for relief

1

• (1) Where a person (in this Order called “the applicant”) is under a liability for any debt or other thing in action, money or goods for or in respect of which he is or expects to be sued by two or more persons (in this Part called “the claimants”) making adverse claim thereto, he may apply to the court for relief by way of interpleader.

• (2) The application shall be made to the court in which the applicant is sued or, if he has not been sued, to the court in which he might be sued.

• (3) The applicant shall serve on each of the claimants a summons in Form 44 or Form 45 as appropriate together with an affidavit showing that—

• (a) he claims no interest in the subject-matter in dispute other than for charges or costs; and

• (b) he does not collude with any of the claimants; and

• (c) he is willing to transfer the subject-matter into court or dispose of it as the court may direct; and

• (d) except where the applicant is a defendant, the subject-matter ices not exceed in value the amount for which the court has jurisdiction;

but, where a claimant has commenced proceedings against the applicant in respect of his claim, a notice in Form 46 in lieu of a summons as aforesaid shall be served on that claimant.

• (4) Subject to paragraph (5) the summons shall be served, entered, heard and determined as if it were an ordinary civil bill.

• (5) Where the applicant is a defendant the affidavit and summons or notice shall be served within seven days from the date of the service of the civil bill on him.

• (6) A claimant may, within six days from the day on which the summons and affidavit are served on him, send a notice to the applicant that he has no claim to the subject-matter in dispute.

Claimants having adverse titles

2

The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin but are adverse to and independent of each other.

Hearing

3

• (1) On the hearing of the proceedings—

• (a) where the applicant is a defendant—

• (i) if the plaintiff does not appear, the action including the interpleader proceedings shall be struck out; or

• (ii) if the claimant does not appear, [[^f00118] the judge or district judge as the case may be] shall hear and determine ,the action as between the plaintiff and the defendant and may make an order barring the claim of the claimant; or

• (iii) if both the plaintiff and the claimant appear, [[^f00118] the judge or district judge as the case may be] shall, whether the defendant appears or not, hear the proceedings and give judgment finally determining the rights and claims of all parties; or

• (b) where the applicant is not a defendant—

• (i) if any claimant does not appear, [[^f00119] the judge or district judge as the case may be] shall make an order finally determining the claim as between the applicant and any claimant who appears and may make an order barring the claim of the absent claimant; or

• (ii) if all the claimants appear, [[^f00119] the judge or district judge as the case may be] shall, whether the applicant appears or not, hear the proceedings and make an order finally determining the rights and claims of all parties.

• (2) An order in Form 47 or Form 48 barring the claim of a claimant shall declare the claimant and all persons claiming under him to be for ever barred as against the, defendant or applicant and all persons claiming under him and also (where the claimant has sent a notice to the applicant that he makes no claim) as against the plaintiff or the other claimant and all persons claiming under him.

• (3) Where the claimant has not sent a notice to the applicant that he has no claim, an order barring the claim shall not affect the rights of that claimant and the plaintiff or another claimant as between themselves.

ORDER 11 — Third party procedure

Generally

1

• (1) Where a defendant claims to be entitled to any contribution, indemnity or other relief over against any person not a party to the action (in this Order referred to as a “third party”) he may, [[^f00120] within 14 days after service of his notice of intention to defend], serve on the third party in like manner as a civil bill a third party notice in Form 49, together with a copy of the civil bill in the action.

• (2) A third party notice may be served at any place in Northern Ireland.

[[^f00121] . . .]

• (3) When the third party notice has been served, a copy thereof shall forthwith be delivered to the plaintiff by post or otherwise and a copy thereof lodged with the chief clerk.

Effect of service of notice

2

Subject to any order of [[^f00122] the judge or district judge as the case may be], the notice shall have effect as if it were a civil bill served by the defendant on the third party.

Hearing

3

[[^f00122] The judge or district judge as the case may be] at the hearing—

• (a) may give such directions or make such orders as he thinks appropriate for determining the issue between the parties; and

• (b) may pronounce such decree as the nature of the case may require and may make such order as to the costs and the third party proceedings as he considers just.

Application

4

The foregoing Rules shall apply mutatis mutandis where—

• (a) a defendant claims to be entitled to any contribution, indemnity or other relief over against any other defendant; but a third party notice served on a defendant need not be accompanied by a copy of the civil bill [[^f00124] (where however, defendants are sued as tort feasors liable in respect of the same damage, they shall be treated as opposite parties and no third party notice need be served under this rule, but any such defendant, if he intends in support of a claim for contribution or indemnity to rely on any contractual right, must furnish particulars thereof in writing to the other parties)];

• (b) a third party claims to be entitled to any contribution, indemnity or other relief over against another person not a party to the action (who may be known as a “fourth party”) and

• (c) a fourth party or any subsequent party in like case makes a like claim against a person not a party to the action.

5

In this Order the words “plaintiff’ and “defendant” respectively shall include a plaintiff and a defendant to a counterclaim.

[ ORDER 12 — Default of Notice of Intention to Defend

PART I — JUDGMENT IN DEFAULT OF NOTICE OF INTENTION TO DEFEND

Proceedings which may be commenced and dealt with as default or summary actions

1

• (1) Where a civil bill is endorsed with a claim against a defendant for a liquidated demand only, then if that defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter final judgment against that defendant for a sum not exceeding that claimed by the civil bill in respect of the demand and continue with the proceedings against the other defendants if any.

• (2) A claim shall not be prevented from being treated for the purpose of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest under Article 45A of the Order at a rate which is not higher than that payable on judgment debts at the date of issue of the civil bill. A claim for interest at a higher rate shall be treated as a claim for interest to be assessed.

• (3) Before final judgment is entered under this rule an affidavit must be lodged with the chief clerk specifying the amount then actually due to the plaintiff.

PART II — DAMAGES: ASSESSMENT AFTER JUDGMENT

Default civil bill

2

A default action shall be commenced by a default civil bill in Form 50.

Notices to be annexed to default civil bills

3

There shall be annexed to the copy of a default civil bill served on the defendant a notice in Form 51 addressed to the plaintiffs solicitor or, where the plaintiff is suing in person, to the plaintiff and a notice in Form 52 addressed to the appropriate chief clerk.

Entry of default civil bill as a default action

4

If, on the expiration of fourteen days from the service of the copy of the default civil bill and notices, neither the plaintiffs solicitor nor the plaintiff nor the chief clerk has received notice from the defendant that he disputes his liability for the claim in whole or in part or alleges a counterclaim, the plaintiffs solicitor or, where the plaintiff is suing in person, the plaintiff, may enter the proceedings for hearing by the judge as a default action.

Proofs requisite for entry of default civil bill

5

• (1) Upon entry of the proceedings under Rule 4, the plaintiff shall lodge in the Office—

• (a) the original default civil bill and original notices with endorsements of service or, where Order 6 Rule 3(3) applies, an affidavit of service, or, where Order 6 Rule 3(2)(b) or Rule 3(7) applies, the solicitor's certificate referred to in Rule 12 of Order 6;

• (b) an affidavit in verification of the plaintiff's claim in Form 53 made by the plaintiff or on his behalf by some other person who can swear positively to the facts and sworn within a period of twenty-eight days ending on the entry day;

• (c) a certificate in Form 54, which may be endorsed on the affidavit given under paragraph (b) and which shall be given within a period of seven days ending on the entry day, by the plaintiff's solicitor or, where the plaintiff is suing in person, the plaintiff, that a notice disputing his liability for the claim in whole or in part or alleging a counterclaim has not been received from the defendant and either that—

• (i) no other communication has been received from the defendant; or

• (ii) a copy of any such communication so received is attached;

and stating whether any part of the amount claimed in the affidavit made under paragraph (b) has to his knowledge been paid by the defendant.

• (2) The solicitor's certificate referred to in Rule 12 of Order 6 shall be in Form 59.

Default decree

6

• (1) Upon consideration of the documents lodged under Rule 5 and on proof of service of the default civil bill and notices under Rule 3, the judge may without further evidence make a default decree in Form 55 against the defendant for the sum shown by the documents lodged under Rule 5 to have been due at the date of service of the default civil bill together with costs but crediting any amount actually paid after such service.

• (2) Where the defendant fails within the time provided in Rule 4 to give notice that he disputes his liability for the claim in whole or in part or alleges a counterclaim but appears and proves to the satisfaction of the judge that he has just grounds for disputing his liability for the claim in whole or in part upon the merits or has a counterclaim, the judge may upon such terms as to costs and otherwise as to him seems just either hear and determine the case or adjourn the hearing and direct notice thereof to be given to the parties.

Where defendant disputes claim or alleges a counterclaim

7

Where the defendant gives notice within the time specified in Rule 4 that he disputes his liability for the claim in whole or in part or alleges a counterclaim, the plaintiff shall enter the action for hearing as an ordinary civil bill action and subsequent proceedings shall be had as if the action had been commenced in accordance with Order 5.

PART III — SUMMARY ACTIONS

Summary civil bill

8

A summary action shall be commenced by a summary civil bill in Form 56.

Notices to be annexed to summary civil bills

9

There shall be annexed to the copy of a summary civil bill served on the defendant a notice in Form 51 addressed to the plaintiffs solicitor and a notice in Form 52 addressed to the appropriate chief clerk.

Application for summary decree

10

• (1) If, on the expiration of fourteen days from the service of the copy of the summary civil bill and notices, the plaintiffs solicitor has not received notice from the defendant that he disputes his liability for the claim in whole or in part or alleges a counterclaim, the plaintiffs solicitor may make application in the Office on behalf of the plaintiff for a summary decree to be made against the defendant.

• (2) Such application may be endorsed on the affidavit referred to in Rule 11.

11

• (1) Upon such application the plaintiffs solicitor shall lodge in the Office—

• (a) the original summary civil bill and original notices with endorsements of service or, where Order 6 Rule 3(3) applies, an affidavit of service or, where Order 6 Rule 3(2)(b) or Rule 3(7) applies, the solicitor's certificate referred to in Rule 12 of Order 6;

• (b) an affidavit in verification of the plaintiffs claim in Form 53 made by the plaintiff or on his behalf by some person who can swear positively to the facts and sworn within a period of twenty-eight days ending on the date of the application;

• (c) a certificate in Form 57, which may be endorsed on the affidavit lodged under paragraph (b) and which shall be given within a period of seven days ending on the date of the application, by the plaintiffs solicitor that a notice disputing his liability for the claim in whole or in part or alleging a counterclaim has not been received from the defendant and either that—

• (i) no other communication has been received from the defendant; or

• (ii) a copy of any such communication so received is attached;

and stating whether any part of the amount claimed in the affidavit made under paragraph (b) has to his knowledge been paid by the defendant; and

• (d) a summary decree in Form 58.

• (2) The solicitor's certificate referred to in Rule 12 of Order 6 shall be in Form 59.

Summary decree

12

On the lodgment in the Office of the documents requited by Rule 11—

• (a) where the chief clerk has not received a notice from the defendant disputing his liability for the claim in whole or in part or alleging a counterclaim he may issue a summary decree in Form 58 for the sum shown by the documents lodged under Rule 11 to have been due at the date of service of the summary civil bill together with costs but crediting any amount actually paid after such service;

• (b) where such a notice has been so received, the chief clerk shall inform the applicant accordingly and the proceedings shall continue in accordance with Rule 13 as if such a notice had also been received by the applicant.

Where defendant disputes liability or alleges a counterclaim or chief clerk refuses to issue a summary decree

13

Where the defendant gives notice within the time specified in Rule 10 that he disputes his liability for the claim in whole or in part or alleges a counterclaim or where the chief clerk refuses to issue a summary decree, either party may, upon seven days' notice to the other party, enter the action for hearing at the next or next but one sitting of the court and it shall thereupon proceed as if it had been commenced in accordance with Order 5. A copy of such notice shall be lodged in the Office on entry.

PART IV — MISCELLANEOUS PROVISIONS

Costs payable in settlement

14

Where a defendant pays the amount due within fourteen days from service of the default or summary civil bill and also within that period pays fifty per centum of the solicitor's costs in column 2 of Table 3 in Part I of Appendix 2 together with the plaintiff's outlay properly incurred to date of settlement he shall not be liable for any further costs.

Costs in certain cases

15

Any additional costs incurred by a plaintiff by reason of the fact that the defendant sent notice disputing his liability for the claim in whole or in part or alleging a counterclaim to the chief clerk only and not to the plaintiff's solicitor or the plaintiff, shall, unless the judge otherwise directs, be payable by the defendant.

Decree against one of two or more defendants

16

Where there are two or more defendants and one has failed to give notice that he disputes his liability for the claim in whole or in part or alleges a counterclaim and has not paid the sum due and costs, the plaintiff may proceed in accordance with the foregoing Rules of this Order to have a decree issued against that defendant, without prejudice to the plaintiff's right to proceed with the action against any other defendant.

Notice under section 139(1)(b) of the Consumer Credit Act 1974

17

Where a defendant in accordance with section 139(1)(b) of the Consumer Credit Act 1974[^f00010] desires to have a credit agreement re-opened he shall serve notice that he so desires on the chief clerk and on the plaintiff's solicitor or, where the plaintiff is suing in person, on the plaintiff within fourteen days from service of the copy of the default or, as the case may be, summary civil bill and thereupon the plaintiff shall enter the action for hearing as an ordinary civil bill action and subsequent proceedings shall be had as if the action had been commenced in accordance with Order 5.

ORDER 13 — Hearing of proceedings together and selected actions

Generally

1

Actions or matters pending in the same court may be heard together by order of [[^f00132] the judge or district judge as the case may be] of his own motion or on the application of any party on notice.

Selected action, where several plaintiffs

2

• (1) Where several actions by different plaintiffs against the same defendant are proceeding in the same court in respect of causes of action arising out of the same breach of contract, wrong or other circumstances, the defendant may, on filing an undertaking to be bound, so far as his liability in the several actions is concerned, by the decision in such one of the actions as may be selected by [[^f00132] the judge or district judge as the case may be], apply to [[^f00132] the judge or district judge as the case may be] for an order to stay the actions, other than the one selected, until a decree is given in the selected action.

• (2) An application under this Rule shall be made on notice to the plaintiffs who would be affected by any order made thereon.

Where a decree given in favour of defendant in selected action

3

• (1) If a decree in a selected action under Rule 2 is given in favour of the defendant, the defendant shall be entitled to his costs up to the date of the order staying proceedings against every plaintiff whose action is stayed, unless any such plaintiff gives notice to the chief clerk to enter his action for hearing.

• (2) On a decree in the selected action being given in favour of the defendant, the defendant shall send to every plaintiff a notice in Form 60 and, if any such plaintiff gives notice to the chief clerk to enter his action for hearing, the chief clerk shall appoint a day for the hearing and send notice thereof to both plaintiff and defendant before the beginning of a period of fourteen days ending on the day so appointed.

Where decree given against defendant in selected action

4

• (1) If a decree in a selected action is given against the defendant, the plaintiff in any action stayed shall be at liberty to proceed for the purpose of ascertaining and recovering his debt or damages and costs.

• (2) On a decree in the selected action being given against the defendant, the chief clerk shall send to each plaintiff a notice in Form 61, and a plaintiff desiring to proceed shall, within one month from the date of the notice, give to the chief clerk notice to enter his action for hearing, and on receipt thereof the chief clerk shall appoint a day for the hearing and send notice thereof to both plaintiff and defendant before the beginning of a period of fourteen days ending on the day so appointed.